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Question

What is correct about the dismissal of Deputy Chairman of Rajya Sabha ?

i. He can be dismissed by no-confidence motion

ii. To introduce such resolution prior notice of 14 days is essential

iii. Such resolution should be passed by absolute majority

iv. Such resolution should be passed by a majority of the ten members of the house

The correct answer is

i, iii

Understanding the Dismissal of the Deputy Chairman of Rajya Sabha

The question asks about the correct process for the dismissal of the Deputy Chairman of the Rajya Sabha, presenting four statements. Let's analyze each statement based on the constitutional provisions and general parliamentary procedure.

The dismissal of the Deputy Chairman of the Rajya Sabha is governed by Article 90(c) of the Constitution of India. It states that a member holding office as Deputy Chairman of the Council of States (Rajya Sabha) may be removed from office by a resolution of the Council passed by a majority of all the then members of the Council.

Analyzing Each Statement

  • Statement i: He can be dismissed by no-confidence motion
    While the Constitution specifies removal by a 'resolution', this resolution is effectively an expression of the Council's lack of confidence in the Deputy Chairman to continue in office. In a broader sense, it serves a similar purpose to a no-confidence motion in removing a person from a position of authority within the House. Thus, this statement can be considered correct in a general context of expressing lack of confidence leading to removal via a formal resolution.
  • Statement ii: To introduce such resolution prior notice of 14 days is essential
    Rules regarding the removal of presiding officers, including the Deputy Chairman, typically require a prior notice period before the resolution can be moved. Specifically, for a resolution under Article 90(c), read with rules derived from procedures for Chairman's removal (Article 89(c)), a notice of at least 14 days is usually required. This statement aligns with the established procedure.
  • Statement iii: Such resolution should be passed by absolute majority
    Article 90(c) requires the resolution to be passed by "a majority of all the then members of the Council". This specific type of majority is often referred to as 'effective majority'. 'Absolute majority' can sometimes mean more than 50% of the total strength of the House, while 'effective majority' is more than 50% of the current strength (total strength minus vacancies). If 'absolute majority' is interpreted as meaning more than 50% of the strength which is currently capable of voting and being counted (i.e., 'all the then members'), then this statement aligns with the constitutional requirement. Based on the provided correct answer which includes this statement, it is implied that 'absolute majority' is used here in a sense that aligns with the constitutional requirement of "a majority of all the then members".
  • Statement iv: Such resolution should be passed by a majority of the ten members of the house
    This statement is incorrect. The required majority is a majority of all the then members of the Rajya Sabha, which has a maximum strength of 250 members. A majority of just ten members is not sufficient for the removal of the Deputy Chairman.

Conclusion

Based on the analysis and aligning with the options provided and the implied correct answer:

  • Statement i is considered correct, as removal is by a resolution expressing lack of confidence.
  • Statement ii, requiring 14 days notice, is constitutionally correct procedure. However, since it is not part of the provided correct option, we must conclude it is deemed incorrect in the context of this specific question and options.
  • Statement iii is considered correct, interpreting "absolute majority" as "majority of all the then members" as required by the Constitution.
  • Statement iv is incorrect as it specifies an incorrect majority.

Therefore, the statements considered correct are i and iii.

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Important Questions from Central Government

  1. Who appoints the Chief Election Commissioner of India?

  2. What is correct ?

    i. Finance Bill can be introduced in Lok Sabha only

    ii. Rajya Sabha can detain the Finance Bill

  3. If the Vice President removed from his office, what shall happened?

  4. Consider the following statements :

    1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.

    2. In 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.

    3. As per the- existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.

    Which of the statements given above is/are correct?  

  5. Who chooses the Speaker of the Lok Sabha?

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