Article 90 of the Costitution of India with Case law
🔹 Article 90 – Constitution of India
Title: Vacancy in the office of the Deputy Chairman and the provisions for acting Chairman of the Rajya Sabha
✅ Text of Article 90
"The Deputy Chairman shall vacate his office if—
(a) he ceases to be a member of the Council of States;
(b) he resigns his office by writing under his hand addressed to the Chairman; and
(c) he is removed from office by a resolution of the Council of States 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."
🔍 Key Features of Article 90
It provides conditions under which the Deputy Chairman of Rajya Sabha (Council of States) vacates his office.
Three grounds of vacation:
Ceases to be a Rajya Sabha member.
Voluntary resignation (in writing to the Chairman).
Removal by a majority resolution of the Rajya Sabha (with 14 days’ notice).
Ensures that the position cannot be arbitrarily vacated, and procedural fairness is maintained.
⚖️ Important Case Laws Related to Article 90
✅ Keshav Singh's Case (Special Reference No. 1 of 1964), AIR 1965 SC 745
Context: Though primarily about legislative privileges, the Supreme Court indirectly clarified the constitutional process and protections for presiding officers like the Deputy Chairman.
Relevance to Article 90: Reinforced that any action like removal must strictly follow constitutional procedure (like 14-day notice under Article 90(c)).
✅ Raja Ram Pal v. Hon’ble Speaker, Lok Sabha (2007) 3 SCC 184
Though primarily dealing with parliamentary expulsion, this case reinforced that:
Officers of Parliament (including Deputy Chairman) must be removed only via prescribed constitutional procedures.
Judicial review is available if procedure is not followed, even in matters of internal proceedings of the House.
✅ Jagjit Singh v. State of Haryana, (2006) 11 SCC 1
Reiterated the importance of procedural requirements in legislative removals and constitutional offices.
📌 Conclusion
Article 90 is a safeguard against arbitrary removal of the Deputy Chairman of the Rajya Sabha. It ensures that proper parliamentary procedure is followed, especially the requirement of 14 days' notice before a removal resolution can be introduced. Judicial review is possible if procedures under Article 90 are bypassed.
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