Article 90 of Indian Constitution: Vacation and Resignation of, and Removal from, the Office of Deputy Chairman

Article 90 of the Indian Constitution deals with the vacation and resignation of, as well as the removal from, the office of the Deputy Chairman. The Deputy Chairman of the Rajya Sabha, the upper house of the Indian Parliament, holds a crucial position and plays a vital role in the functioning of the house. This article outlines the circumstances under which the Deputy Chairman's office can be vacated, the process of resignation, and the grounds for removal.

Vacation of Office

The office of the Deputy Chairman can be vacated under the following circumstances:

1. If the Deputy Chairman ceases to be a member of the Rajya Sabha, the office shall be considered vacant.
2. If the Deputy Chairman resigns from office by writing to the Chairman, the office shall be vacated from the date on which the resignation is accepted.
3. If the Deputy Chairman is removed from office through a resolution passed by the Rajya Sabha, the office shall be vacated from the date on which such resolution is passed.

Resignation

The Deputy Chairman has the right to resign from office by submitting a written resignation to the Chairman of the Rajya Sabha. Once the resignation is accepted, the office is considered vacant from the date of acceptance. The resignation must be voluntary and cannot be withdrawn once it is accepted by the Chairman.

The resignation of the Deputy Chairman is an important matter and should be carried out in accordance with the established procedures and protocols. It is essential to maintain the integrity and dignity of the office while ensuring a smooth transition.

Removal from Office

The Deputy Chairman can be removed from office through a resolution passed by the Rajya Sabha. The grounds for removal include:

1. Proven misbehavior or incapacity.
2. Violation of the code of conduct or ethical standards expected of the Deputy Chairman.
3. Any act or omission which brings disrepute to the office of the Deputy Chairman.

In order to initiate the process of removal, a resolution must be moved by at least 14 members of the Rajya Sabha. The resolution is then put to vote, and if it is supported by a majority of the total membership of the house, including not less than two-thirds of the members present and voting, the Deputy Chairman shall be removed from office.

The process of removal is a serious matter and should be undertaken with due consideration and adherence to the principles of natural justice. The Deputy Chairman must be given a fair opportunity to present their case and defend themselves against the allegations made.

Conclusion

Article 90 of the Indian Constitution provides guidelines for the vacation and resignation of, as well as the removal from, the office of the Deputy Chairman. These provisions ensure that the office is held by individuals who are capable, ethical, and maintain the dignity of the position. The process of resignation and removal is designed to uphold the principles of fairness and justice, while also safeguarding the integrity of the Rajya Sabha and its proceedings.

It is essential for the Deputy Chairman to discharge their duties in a responsible manner, upholding the values enshrined in the Constitution and contributing to the effective functioning of the Rajya Sabha. The provisions outlined in Article 90 serve as a mechanism to ensure accountability and maintain the high standards expected of the Deputy Chairman.

By adhering to these provisions, the Indian Parliament can continue to function smoothly, ensuring the representation and participation of all members in the democratic process.