Rajya Sabha Chairman Jagdeep Dhankar conducts the proceedings of the House during the Winter Session of Parliament, in New Delhi.
| Photo Credit: ANI
On December 10, the opposition submitted a notice to move a no-confidence or impeachment resolution against Vice President and Rajya Sabha chairman Jagdeep Dhankhar. The notice accuses him of engaging in “partisan” conduct and being an “impassioned spokesperson” of the government’s policies at public fora. A similar motion had been considered by the Opposition during the Budget Session in August but was ultimately shelved as the Session drew to a close.
Procedure for impeachment
As the second-highest constitutional authority after the President, the Vice-President draws his or her powers from Article 63 of the Constitution. Article 64 further confers upon the post the power to serve as the “ex-officio Chairman of the Council of States (Rajya Sabha).” Thus, the Vice-President discharges the duties of both the Vice-President and Chairperson of the Rajya Sabha.
Parliament Winter Session Day 13 LIVE
The process for the removal of both the Vice President and Rajya Sabha chairperson has been laid down under Article 67. The provision stipulates that the Vice-President will hold office for a term of five years from “the date on which he enters upon his office”. However, he or she may leave mid-term by submitting a resignation letter to the President.
Additionally, Article 67(b) provides for the removal of the Vice-President if a majority of Rajya Sabha members pass a resolution to that effect, which must then be “agreed to” by the House of the People (Lok Sabha). However, the provision specifies that no such resolution can be moved unless at least a prior fourteen days’ notice has been given.
“The resolution can only be considered for discussion once the constitutionally mandated 14-day notice period has elapsed. It must then be approved by a simple majority in both Houses for passage and implementation,” P.D.T. Achary, former Secretary General of the Lok Sabha, told The Hindu.
‘Resolution does not lapse’
It is however unlikely that the no-confidence motion will be taken up for discussion in the House since the Winter Session of Parliament is scheduled to conclude on December 20, which is less than 14 days away. For instance, in 2020 then Rajya Sabha Chairman M. Venkaiah Naidu dismissed a no-confidence motion against Deputy Chairman Harivansh on the ground that it required a 14-day notice.
Even if the motion is taken up in the House, it is unlikely to yield any result since the Opposition lacks the requisite numbers for its passage. Ultimately, this move appears to be more of a symbolic protest against Mr. Dhankar’s purported partisan conduct.
“Since it is a constitutional resolution, it does not lapse when the session is prorogued. It can be taken up in the next session of Parliament, or even in a special session convened specifically for that purpose,” Mr. Achary clarified.
‘Chairperson cannot preside’
Notably, even if the motion is taken up in the House and the Opposition’s grievances are discussed, it would be difficult for Mr. Dhankhar to preside over those proceedings in the Rajya Sabha.
Mr. Achary pointed out that Article 92 of the Constitution explicitly bars the Chairman or Deputy Chairman from presiding while a resolution for their removal is under consideration. However, the provision permits the Chairperson to speak and participate in the proceedings although he or she is barred from voting “on such resolution or any other matter during such proceedings.”
These provisions however come into effect only if the motion is accepted by Deputy Chairperson Harivansh Singh.
Published – December 11, 2024 03:03 pm IST
