Article 90

Article 90 of the Constitution of India specifies the provisions concerning the vacation, resignation, and removal of the Deputy Chairman of the Council of States (Rajya Sabha). The Article ensures that the leadership of the Rajya Sabha remains accountable, democratic, and continuous by establishing a clear and transparent procedure for the tenure and cessation of office of the Deputy Chairman.

Constitutional Framework and Purpose

Article 90, located in Part V, Chapter II of the Constitution, lays down the rules for the tenure of the Deputy Chairman of the Rajya Sabha. It guarantees that this constitutional office remains closely linked to the membership and confidence of the House. By doing so, the Article upholds the principle of collective responsibility and prevents any misuse or overstay of authority by the presiding officer.

Key Provisions of Article 90

Article 90 contains three essential components dealing with the tenure and accountability of the Deputy Chairman:

1. Vacation of OfficeThe Deputy Chairman automatically vacates the office when he or she ceases to be a member of the Rajya Sabha. Since the Deputy Chairman is elected from among the members of the House under Article 89(2), the loss of membership—due to expiry of term, resignation, or disqualification—immediately leads to the vacation of the office.
2. ResignationThe Deputy Chairman may resign from office by submitting a written notice addressed to the Chairman of the Rajya Sabha (i.e., the Vice-President of India). The resignation takes effect once it is accepted by the Chairman, thereby ensuring a formal and constitutional mode of relinquishing office.
3. RemovalThe Deputy Chairman can be removed from office by a resolution passed by a majority of all the then members of the Rajya Sabha.
   • This majority refers to the total membership of the House, not just those present and voting, thereby making removal a matter of significant consensus.
   • A minimum of 14 days’ notice must be given before moving the resolution. This notice period ensures fairness, due process, and adequate time for consideration and discussion within the House.

Together, these provisions guarantee that the position of the Deputy Chairman remains accountable to the Rajya Sabha and continues only as long as the House has confidence in the incumbent.

Related Constitutional Provisions

Article 90 is closely connected with other constitutional articles governing the leadership and conduct of the Rajya Sabha:

• Article 89: Provides for the election and role of the Deputy Chairman.
• Article 91: Details the powers of the Deputy Chairman and the procedure for resolving disputes in case of disqualification.
• Article 94: Contains analogous provisions for the Speaker and Deputy Speaker of the Lok Sabha, highlighting the symmetry between the two Houses of Parliament.

These related provisions collectively uphold the parliamentary principle of leadership accountability.

Historical Context

During the framing of the Constitution, the Constituent Assembly aimed to ensure that presiding officers of both Houses of Parliament were subject to democratic control. Article 90 was introduced to provide clarity and structure in cases of vacancy, resignation, or removal of the Deputy Chairman, reflecting the framers’ emphasis on institutional stability and procedural transparency.
The model for this framework was derived from the Westminster parliamentary tradition, where the presiding officers of the upper chamber hold office at the pleasure of the chamber itself, thereby reinforcing internal self-governance within the legislature.

Significance of Article 90

Article 90 serves multiple democratic and administrative purposes:

• It ensures that the Deputy Chairman remains a sitting and active member of the Rajya Sabha, directly accountable to its members.
• It guarantees continuity of leadership, since the office cannot remain vacant indefinitely; a new Deputy Chairman must be elected promptly when the position falls vacant.
• The process of removal by majority vote maintains a check on the Deputy Chairman’s conduct, preventing arbitrary or partisan exercise of authority.
• It reinforces parliamentary democracy, where the presiding officers derive legitimacy directly from the confidence of the House.

Through these features, Article 90 upholds the integrity, neutrality, and accountability of the Rajya Sabha’s leadership.

Procedure for Removal

The constitutional procedure for removing the Deputy Chairman involves several safeguards:

1. A written notice signed by members of the Rajya Sabha is submitted to the Secretariat, specifying the intention to move a resolution for removal.
2. The Chairman allots a date for discussion after ensuring compliance with the 14-day notice rule.
3. The resolution is then debated and must be passed by a majority of all the then members of the Rajya Sabha.
4. Upon passage of the resolution, the Deputy Chairman immediately ceases to hold office.

This process mirrors the removal procedures applicable to other parliamentary presiding officers, such as the Speaker of the Lok Sabha under Article 94, ensuring procedural consistency across both Houses of Parliament.

Practical Implications

In practical terms, Article 90 ensures the smooth and orderly functioning of the Rajya Sabha:

• It provides a legal basis for succession and replacement in the event of a vacancy or resignation.
• It prevents a situation where a non-member or disqualified individual continues to preside over the House.
• The removal mechanism, while rarely used, serves as a constitutional safeguard against misconduct or loss of confidence.

Historically, the post of Deputy Chairman has been treated with high regard, and the removal provision has never been invoked, reflecting the tradition of consensus and decorum that characterises the Rajya Sabha’s proceedings.

Comparison with Other Parliamentary Offices

The provisions of Article 90 are broadly parallel to those governing the Speaker and Deputy Speaker of the Lok Sabha under Articles 94 and 95. Both sets of provisions:

• Require the presiding officer to vacate office upon ceasing to be a member.
• Permit resignation through written notice.
• Allow removal by a resolution passed with a majority of all the then members, with prior notice.

This constitutional uniformity maintains balance and parity between the two Houses, ensuring consistency in parliamentary governance.

Potential Issues and Interpretations

While Article 90 is straightforward, certain aspects may invite interpretative considerations:

• The phrase “ceases to be a member” could raise questions in situations involving temporary disqualification, suspension, or pending resignations.
• The requirement of a majority of all the then members makes removal difficult in a politically fragmented House, potentially allowing an unpopular Deputy Chairman to remain in office.
• The notice period for removal, though protective, could be exploited for political bargaining or delays in proceedings.

Despite these possibilities, parliamentary conventions and political decorum have generally ensured that such issues are resolved through consensus and procedural propriety.

Judicial Perspective

There have been no major Supreme Court judgments directly interpreting Article 90. However, related judicial pronouncements concerning parliamentary presiding officers underscore key constitutional principles such as:

• Independence of the legislature in managing its internal affairs.
• Separation of powers and the non-interference of the judiciary in procedural matters of Parliament, unless there is a clear constitutional violation.
• The need for impartiality and accountability of presiding officers, as discussed in cases involving the Speakers of State Legislatures (e.g., Kihoto Hollohan v. Zachillhu, 1992).

Contemporary Relevance

In modern parliamentary practice, Article 90 continues to ensure that the Rajya Sabha’s leadership remains democratic and transparent. The periodic elections of Deputy Chairmen reflect the evolving political composition of the House, while the removal and resignation provisions act as effective checks on the misuse of authority.
The Article’s enduring relevance lies in maintaining a balance between stability and accountability, key pillars of India’s parliamentary democracy.

Conclusion

Article 90 of the Indian Constitution provides a clear constitutional framework for the vacation, resignation, and removal of the Deputy Chairman of the Rajya Sabha. By linking the office to active membership and majority confidence, it ensures that the leadership of the Council of States remains legitimate, responsible, and effective.