Why in news?
Opposition parties, under the INDIA bloc, plan to submit a no-confidence or impeachment resolution against Rajya Sabha Chairman and Vice-President Jagdeep Dhankhar. While lacking sufficient numbers to ensure impeachment, the move aims to send a political message to the ruling Party.
What’s in today’s article?
- Vice President of India – Appointment, powers, impeachment
- Notice for resolution to impeach Vice President of India
Vice President in India
- About
- The Vice President of India is the second-highest constitutional office (after President). This office is modeled on the lines of the American Vice-President.
- Eligibility (Article 66 (3))
- Must be a citizen of India.
- At least 35 years of age.
- Qualified to be elected as a member of the Rajya Sabha.
- Cannot hold any office of profit under the Government of India or a state government.
- Election
- Article 66 (1): Elected by an electoral college consisting of members of both Houses of Parliament through a system of proportional representation by means of a single transferable vote.
- It is different from electoral college for the election of the President:
- It consists of both elected and nominated members of the Parliament (in the case of the President, only elected members).
- It does not include the members of the state legislative assemblies (in the case of the President, the elected members of the state legislative assemblies are included).
- All doubts and disputes concerning the election of the Vice-President are inquired into and decided by the Supreme Court, whose decision is final.
- Tenure (Article 67)
- Holds office for a term of 5 years but is eligible for re-election.
- Can resign by submitting a resignation letter to the President.
- Can be removed by a resolution passed by an effective majority in the Rajya Sabha and agreed upon by the Lok Sabha.
- Roles, Responsibilities, and Powers
- Ex-Officio Chairman of Rajya Sabha (Article 64):
- Presides over Rajya Sabha sessions and ensures smooth conduct of proceedings.
- Does not vote in the Rajya Sabha except to break a tie.
- Acting President (Article 65):
- Discharges the functions of the President during their absence, resignation, removal, or death, until a new President is elected.
- Ceremonial Role:
- Represents the dignity and neutrality of the office without being part of day-to-day governance.
- Impeachment Process (Article 67(b))
- Can be removed by a resolution passed by:
- A majority of all members of the Rajya Sabha.
- Agreement of the Lok Sabha by a simple majority.
- Requires at least 14 days’ notice before moving the resolution.
Notice for resolution to impeach Vice President of India
- About the news
- The opposition parties have decided to submit a notice to move a no-confidence or impeachment resolution against the Vice President Jagdeep Dhankhar.
- The move is based on Article 67(b) of the Constitution, which allows for the removal of a Vice-President through a resolution passed by a majority in the Council of States (Rajya Sabha) and agreed upon by the Lok Sabha.
- Opposition's Grievances
- Accusations of partisanship against Dhankhar have been building.
- This was significant after he named Congress MP Abhishek Singhvi in the context of alleged currency recovery.
- Recently, Rajya Sabha Chairman announced in the House that “a wad of currency notes” was recovered from a seat allotted to Congress MP Abhishek Manu Singhvi.
- There are claims that the ruling party and its government are undermining constitutional offices and parliamentary democracy.
- No Precedent for Chairman Impeachment
- There is no precedent for moving an impeachment or no-confidence resolution against the Rajya Sabha Chairman.
- A similar no-confidence resolution was moved against Deputy Chairman Harivansh in 2020 over procedural disagreements regarding contentious farm Bills.
- Historical Context
- Past instances of resolutions against Lok Sabha Speakers include G V Mavalankar (1951), Sardar Hukam Singh (1966), and Balram Jakhar (1987).
- These were all discussed and negated by the House.
