Article 183 of the Indian Constitution: Vacation and Resignation of, and Removal from, the Offices of Chairman and Deputy Chairman

12/20/20232 min read

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Introduction

In the Indian parliamentary system, the Chairman and Deputy Chairman play crucial roles in the functioning of the Rajya Sabha, the upper house of the Parliament. Article 183 of the Indian Constitution outlines the provisions related to the vacation, resignation, and removal of these esteemed positions. This article ensures that the offices of the Chairman and Deputy Chairman are held with integrity and in accordance with the principles of democracy.

Vacation of Office

Article 183 states that the office of the Chairman or Deputy Chairman of the Rajya Sabha shall become vacant in the following circumstances:

  1. If the holder of the office resigns by writing to the Vice President of India, who is the ex-officio Chairman of the Rajya Sabha.
  2. If the holder of the office is removed from office by a resolution passed by a majority of all the members of the Rajya Sabha, in accordance with the procedure prescribed by the Parliament.
  3. If the holder of the office is removed by the President of India.
  4. If the holder of the office ceases to be a member of the Rajya Sabha.

Resignation from Office

An individual holding the office of Chairman or Deputy Chairman may choose to resign from their position. The resignation must be submitted in writing to the Vice President of India, who is the ex-officio Chairman of the Rajya Sabha. Once the resignation is accepted, the office becomes vacant, and the process of electing a new Chairman or Deputy Chairman begins.

Removal from Office

The removal of the Chairman or Deputy Chairman from their office can be initiated by a resolution passed by a majority of all the members of the Rajya Sabha. This resolution must be moved and supported by at least two-thirds of the members present and voting. The process of removal is carried out in accordance with the procedure prescribed by the Parliament.

Role of the President

The President of India has the authority to remove the Chairman or Deputy Chairman from their office. However, the President can only exercise this power if the removal is recommended by the Rajya Sabha. The recommendation for removal must be supported by a majority of all the members of the Rajya Sabha.

Effects of Vacation, Resignation, or Removal

When the office of the Chairman or Deputy Chairman becomes vacant, the Vice President of India, who is the ex-officio Chairman of the Rajya Sabha, assumes the responsibilities and functions of the vacant office until a new Chairman or Deputy Chairman is elected. The election process for a new Chairman or Deputy Chairman must be completed within six months from the date of the vacancy.

Conclusion

Article 183 of the Indian Constitution ensures that the offices of the Chairman and Deputy Chairman of the Rajya Sabha are held with integrity and in accordance with the principles of democracy. The provisions outlined in this article govern the vacation, resignation, and removal of these esteemed positions, ensuring a smooth functioning of the upper house of the Parliament. By upholding these provisions, India's parliamentary system maintains transparency and accountability in the highest levels of leadership.