Articles 90 and 91 of the Constitution of India: Deputy Chairman of Rajya Sabha
Articles 90 and 91 form part of Part V, Chapter II of the Constitution of India under the provisions concerning Officers of Parliament. Article 90 deals with vacation, resignation and removal from the office of the Deputy Chairman of the Council of States (Rajya Sabha). Article 91 specifies who performs the duties of the Chairman when that office is vacant, when the Vice-President performs the functions of President, or when the Chairman is absent from a sitting.
Updated: 18 September 2026
Article 90 - Vacation, resignation and removal from the office of Deputy Chairman
Article 90 regulates the circumstances in which a member holding office as Deputy Chairman of the Council of States ceases to hold that office. In substance, the Constitution provides three routes: vacation of office upon ceasing to be a member of the Council, voluntary resignation addressed to the Chairman, and removal by a resolution of the Council.
Constitutional rule under Article 90
Clause (a): The Deputy Chairman vacates office if he or she ceases to be a member of the Council of States.
Clause (b): The Deputy Chairman may resign at any time by a signed writing addressed to the Chairman.
Clause (c): The Deputy Chairman may be removed by a resolution of the Council passed by a majority of all the then members of the Council.
Notice requirement: A removal resolution under clause (c) cannot be moved unless at least fourteen days' notice of the intention to move it has been given.
The expression "majority of all the then members of the Council" refers to the constitutionally specified majority for the removal resolution; it is not stated merely as a majority of members present and voting.
Article 91 - Power to perform the duties of, or act as, Chairman
Article 91 provides continuity in the functioning and presiding arrangements of the Council of States when the Chairman cannot perform the relevant duties.
Article 91(1): Vacancy in the office of Chairman or Vice-President acting as President
When the office of Chairman is vacant, or while the Vice-President is acting as President or discharging the functions of President, the Deputy Chairman performs the duties of the Chairman. If the office of Deputy Chairman is also vacant, the duties are performed by a member of the Council of States appointed by the President for that purpose.
Article 91(2): Chairman absent from a sitting
When the Chairman is absent from a sitting of the Council of States, the Deputy Chairman acts as Chairman. If the Deputy Chairman is also absent, the person determined under the Council's rules of procedure acts as Chairman; if no such person is present, the Council determines another person to act as Chairman.
Meaning and legal effect of Articles 90 and 91
| Provision | Subject | Practical effect |
|---|---|---|
| Article 90(a) | Loss of Council membership | Office of Deputy Chairman is vacated if the office-holder ceases to be a Rajya Sabha member. |
| Article 90(b) | Resignation | Allows resignation by signed writing addressed to the Chairman. |
| Article 90(c) | Removal | Requires a resolution passed by a majority of all the then members and at least fourteen days' prior notice. |
| Article 91(1) | Chairman's office vacant or Vice-President performing presidential functions | Deputy Chairman performs the duties; if that office is also vacant, a Council member appointed by the President does so. |
| Article 91(2) | Chairman absent from a sitting | Provides the order for determining who acts as Chairman during that sitting. |