Constitution of India · Section Article 90

Vacation and resignation of, and removal from, the office of Deputy Chairman

Article 90 — Vacation and resignation of, and removal from, the office of Deputy Chairman

  1. Vacation and resignation of, and removal from, the office of Deputy Chairman.—A member holding office as Deputy Chairman of the Council of States—
  • (a) shall vacate his office if he ceases to be a member of the Council;
  • (b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and
  • (c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

Plain English Summary

This article explains the conditions under which a person holding the position of Deputy Chairman of the Council of States must leave their post. A Deputy Chairman leaves if they stop being a member, can resign by writing to the Chairman, or can be removed by a majority vote of the Council members, provided proper notice is given for removal.

Key Points

  • Vacation: The office is vacated if the person stops being a member of the Council.
  • Resignation: A Deputy Chairman can resign by writing a letter to the Chairman.
  • Removal: The Council can remove the Deputy Chairman through a resolution passed by a majority of all members.
  • Notice Requirement: Before a removal resolution is moved, at least fourteen days' notice must be given.

Why It Matters

This article sets out the clear legal procedures for ending a Deputy Chairman's tenure, ensuring that the position can be vacated through membership changes, resignation, or formal council action.

Landmark Judgements

No major landmark judgements.

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