NO CONFIDENCE MOTION AGAINST RS CHAIRMAN
- On December 10, 2024, the Opposition parties in India moved a no-confidence motion against Jagdeep Dhankhar, the Chairperson of the Rajya Sabha (Council of States) and the Vice President of India.
- This is the first time in India’s parliamentary history that such a motion has been introduced against the chairperson of the Rajya Sabha.
- Earlier, a similar motion had been considered by the Opposition during the Budget Session of August 2024, but it was not pursued at that time.
WHY IS THE OPPOSITION AGAINST MR. DHANKAR?
- The opposition parties have accused Dhankhar of being partial, saying that he does not allow them to speak or raise important issues.
- They believe that Dhankhar is allowing the BJP to dominate the Rajya Sabha debates and suppress opposition voices.
- Opposition Support: Trinamool Congress (TMC) and Samajwadi Party (SP), who have not participated in Congress-led protests on the Adani issue, have also signed the notice to move the impeachment.
- This is the 2nd attempt by the opposition to remove Dhankhar this year.
ABOUT RAJYA SABHA CHAIRPERSON
Role of the Vice President and Rajya Sabha Chairperson
- Under Article 64 of the Constitution of India, the Vice President of India is also the ex officio Chairman of the Rajya Sabha (Council of States).
- The Vice President holds office for a term of 5 years, unless they resign or are removed before that time.
- Since the Vice President and Rajya Sabha chairperson are the same person, the process for removing the Vice President is the same as the process for removing the Rajya Sabha Chairperson.
REMOVAL PROCEDURE FOR VICE PRESIDENT
The process for removing the Vice President (and Rajya Sabha Chairperson) is explained under Article 67 of the Constitution.
- Article 67(a): The Vice President holds office for five years, unless they resign or are removed.
- Article 67(b): A motion to remove the Vice President can be introduced by any Member of Parliament, but it must be passed by a majority of all the members of the Rajya Sabha. The motion must also be agreed to by the Lok Sabha.
Key Requirements for Removal
- A motion to remove the Vice President can only be moved after a 14-day notice has been given.
- After the 14-day period, Rajya Sabha will discuss the motion.
- If it passes, it must then be approved by Lok Sabha for it to take effect.
POSSIBLE SCENARIOS
- If the notice is given on December 10, the 14-day period will end on December 24.
- However, the Winter Session of Parliament ends on December 20.
- Therefore, there is no clear rule about whether the motion can be considered after the session ends.
- Even if the motion is considered, the numbers in Parliament suggest that the motion is very unlikely to pass because the BJP-led NDA has a strong majority in both Rajya Sabha and Lok Sabha.
HISTORICAL CONTEXT OF ARTICLE 67 & REMOVAL PROCESS
During the Constituent Assembly debates, the procedure for removing the Vice President was discussed:
- H V Kamath, a member of the Assembly, pointed out that the phrase “agreed to by the House of the People” (Lok Sabha) in Article 67 was unclear.
- He suggested that Lok Sabha must also pass the resolution by a majority.
- B. R. Ambedkar, the main architect of the Indian Constitution, clarified that the resolution in Rajya Sabha would need a majority of all members, while in Lok Sabha, it only needed a simple majority of members present and voting.
REMOVAL OF PRESIDENT V/S REMOVAL OF VICE PRESIDENT
Kamath also pointed out a difference in the Constitution’s rules for removing the President versus the Vice President:
- Article 61 (Impeachment of the President) is much stricter, requiring a two-thirds majority of all members of both Houses of Parliament.
- It also involves an investigation into the charges.
- In contrast, the process for removing the Vice President is simpler, more like the process for removing the Speaker of the Lok Sabha, with no investigation or two-thirds majority needed.
HOW THE PROCEDURE WORKS?
- Introduction of the Motion: The Opposition gave notice on December 10, starting the 14-day notice period.
- Debate and Vote in Rajya Sabha: After the 14-day notice, Rajya Sabha will discuss the motion. To succeed, it needs approval from a majority of all Rajya Sabha members.
- Lok Sabha Approval: After passing in Rajya Sabha, the motion must also be agreed to by Lok Sabha.
- Possible Challenges: Because the BJP’s majority is very strong in both Rajya Sabha and Lok Sabha, the motion is almost certain to be defeated.
CHALLENGES TO THE MOTION
- Timing of the Motion: Since the Winter Session of Parliament ends on December 20, and the 14-day notice period will end on December 24, it is unclear if the motion will be considered before the session ends.
- If not, it might be carried over to the next session.
- Parliamentary Arithmetic: The BJP-led NDA’s strong majority in both Rajya Sabha and Lok Sabha makes it almost certain that the motion will be defeated.
- The Opposition is likely using this motion as a symbolic protest against what it believes is partisan behavior by the Vice President.
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