In the event that the Rajya Sabha Chairperson is not present, the Deputy Chairperson of the Rajya Sabha presides over the proceedings. Internally, the Rajya Sabha elects the Deputy Chairperson.
The provisions of Article 90 of the Indian Constitution pertaining to the vacation, resignation of, and expulsion from, the position of deputy chairman.
Under the Indian Polity Subject, this article 90 is outlined.
This article will help you to figure out when the position of Deputy Chairman becomes vacant.
Article 90 Of The Indian Constitution
A member holding the position of Deputy Chairman of the Council of States:
- (a) If he is no longer a member of the Rajya, he should vacate his office
- (b) He may do so at any time by sending a letter addressed to the Chairman under his hand; and
- (c) He may also be dismissed from office by a resolution of the Council passed by a majority of all the then-members of the Council:
As long as at least 14 days’ notice of the intention to move the resolution has been given, no resolution may be moved for the purposes of clause (c).
Process Of Removal Of Deputy Chairman
- A resolution passed with an absolute majority in the House.
- There is a 14-day notice requirement for moving a resolution like this.
Note: In addition, even if he is present, the Deputy Chairman is not allowed to preside over a House meeting while the House is debating a resolution to remove him from office.
For Further Readings:
| Article 87 Of The Indian Constitution: Special Address By The President | Article 88 Of The Indian Constitution |
| Article 89 Of The Indian Constitution | Article 66 Of The Indian Constitution |
Conclusion
In the absence of the Chairman, the Deputy Chairman of the Rajya Sabha oversees the day-to-day operations of the Rajya Sabha and presides over the house’s meetings.
The Deputy Chairman may be dismissed for a variety of reasons, including breaking the law, abusing the legislative process, or resigning from his position.
A resolution approved by all members present in the house at the time can dismiss the Deputy Chairman.
The Deputy Chairman holds office until he is a member of the house and if he ceases to be a member of the House, then the office falls vacant.
He may also be removed from office by a resolution passed by a majority of all Council members at the time.
However, when the resolution for the Deputy Chairman is being considered, he shall not preside over the meeting.
FAQs
When The Office Of Deputy Chairman Vacants?
In case of his resignation, or the resolution passed by the then Council of Ministers in the majority or if he no longer act as a member of the Upper House of Parliament, then the office of the Deputy Chairman becomes vacant.
What Does Article 90 Of The Indian Constitution Addresses?
Article 90 covers vacations, resignations from the position of Deputy Chairman, and removal from that position.
Article 90 Is Covered In Which Part Of The Constitution?
Article 90 of the Indian Constitution is contained in Chapter II of Part V of the Constitution.
