Section 8 of The Indian Council of World Affairs Act, 2001
- (1)Save as otherwise provided in this section, the term of office of a member shall be three years from the date of his nomination.
- (2)The term of office of the member nominated to fill a casual vacancy shall continue for remainder of the term of the member in whose place he is nominated.
- (3)A member shall, unless the Central Government otherwise directs, continue in office until another person is nominated as a member in his place.
- (4)The Central Government shall remove a member if he--
- (a)becomes subject to any of the disqualifications mentioned in sub-section (4) of section 7; or
- (b)refuses to act or becomes incapable of acting; or
- (c)is, without obtaining leave of absence from the Council, absent from three consecutive meetings of the Council; or
- (d)in the opinion of the Central Government, has so abused his position as to render his continuance in office detrimental to the public interest: Provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter.
- (5)A member shall, unless disqualified under sub-section (4) of section 7, be eligible for re-nomination.
- (6)A member may resign from his office by writing under his hand addressed to the Central Government but shall continue in his office until his resignation is accepted by that Government.
- (7)The manner of filling vacancies among members shall be such as may be prescribed by rules.
Summary
- The standard term of office for a nominated member of the Council is three years from the date of their nomination.
- A member nominated to fill a casual vacancy serves only for the remaining portion of the term of the original member they replaced.
- Members are eligible for re-nomination unless they are disqualified under the rules of Section 7.
- The Central Government must remove a member for specific reasons, including being disqualified, refusing to act, abusing their position, or missing three consecutive meetings without leave.
- A member can resign by writing to the Central Government, but they remain in office until the resignation is officially accepted.
Practical examples
FAQ
1. What is the normal term of a nominated member?
The standard term of office is three years from the date of nomination.
2. Does a member's resignation take effect immediately upon writing it?
No, the member continues in office until their resignation is formally accepted by the Central Government.
3. Under what circumstances can a member be re-nominated?
A member is eligible for re-nomination as long as they do not suffer from any of the disqualifications listed under Section 7(4).
4. What happens if a member misses meetings without permission?
The Central Government is required to remove a member if they are absent from three consecutive meetings of the Council without obtaining leave of absence.
Test yourself
Q1.Under Section 8 of The Indian Council of World Affairs Act, 2001, a member is eligible for re-nomination unless they are disqualified. Which of the following conditions under Section 7 of the Act would prevent a member from being re-nominated?
Q2.Under Section 8 of The Indian Council of World Affairs Act, 2001, the Central Government shall remove a member if they become subject to any disqualifications mentioned in which of the following provisions?
Q3.Under Section 8 of The Indian Council of World Affairs Act, 2001, what happens to the term of office of a member who is nominated to fill a casual vacancy?
Q4.Under Section 8 of The Indian Council of World Affairs Act, 2001, if a member submits a resignation letter, when do they officially stop holding their office?