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Article 90

Tenure, Resignation, and Removal of the Deputy Chairman of Rajya Sabha

Official heading: “Vacation and resignation of, and removal from, the office of Deputy Chairman”

Check this article against the official editionAwaiting human legal review
Source edition
The Constitution of India (as on 1 May 2026)
Source locator
Part V, Article 90, printed page 41
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1. In One Sentence

Article 90 provides that the Deputy Chairman of the Council of States vacates office upon ceasing to be an MP, may resign by writing to the Chairman, or may be removed by a resolution on fourteen days’ notice.

2. What It Means in Everyday Language

Article 90 governs the termination of tenure for the Deputy Chairman of the Rajya Sabha through three mechanisms: vacation, resignation, and removal.

Under clause (a), the Deputy Chairman automatically vacates office if they cease to be a member of the Council of States (for instance, upon the expiration of their six-year term as an MP).

Under clause (b), they may resign at any time by writing under their hand addressed to the Chairman. Under clause (c), they may be removed from office by a resolution passed by a majority of all the then members of the Council (an effective majority), provided at least fourteen days’ advance notice of the intention to move the resolution has been given.

3. Practical Illustrative Example

Everyday Scenario:

A Deputy Chairman of the Rajya Sabha reaches the end of their six-year term as an MP and is not immediately re-elected.

Core takeaway: Under Article 90(a), they automatically cease to be Deputy Chairman upon losing their parliamentary seat.
Illustrative Notice: Unlike the Speaker of the Lok Sabha (who remains in office until the new House meets under Article 94), the Deputy Chairman vacates office immediately upon loss of Rajya Sabha membership.

4. Important Limits, Qualifications & Exceptions

Article 90 defines the tenure limits, resignation channel, and removal rules for the Deputy Chairman.

  • Automatic vacation upon loss of Rajya Sabha membership.
  • Resignation tendered in writing directly to the Chairman.
  • Removal requires an effective majority (majority of all then members) of the Council.
  • Mandatory 14-day notice requirement safeguards against surprise removal motions.

5. Operative Constitutional Text

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.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 90, printed page 41 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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