The Constitution of India
Article 90
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.
Why this exists
The framers wanted the Deputy Chairman's position to be secure enough to ensure independence and impartiality in running House proceedings, but still accountable to the House that elected them. The rules mirror those for the Chairman of the Rajya Sabha (the Vice-President) in spirit, ensuring an orderly, non-arbitrary process for exit—whether through natural loss of membership, personal choice, or a deliberate collective decision by the House with fair advance warning.
Common misconceptions
- Myth: The Deputy Chairman can be removed by a simple majority of members present and voting, just like a normal resolution.
Fact: Clause (c) requires a majority of *all* members of the Council, not just those present and voting—a much higher threshold. - Myth: A resignation only takes effect after it's formally accepted by the House or Chairman.
Fact: The text simply requires the resignation be in writing to the Chairman; it doesn't state a requirement of formal acceptance for it to take effect (though practice may vary).