VICE PRESIDENT OF INDIA
1. Context
On December 10 2024, 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.
2. Vice President of India
The Vice President of India is the second-highest constitutional office in the country, following the President. This position plays an important role in the governance and legislative process.
Here's an overview:
- The Vice President serves as the Chairperson of the Council of States (Rajya Sabha) and presides over its sessions.
- They ensure the smooth functioning of the Rajya Sabha, maintain decorum, and decide on points of order
- In case of the resignation, death, removal, or inability of the President to discharge their duties, the Vice President acts as the President until a new President is elected
- The Vice President is elected by an electoral college, consisting of members of both Houses of Parliament (Lok Sabha and Rajya Sabha) through a secret ballot and proportional representation with a single transferable vote.
- Members of State Legislative Assemblies do not participate in this election
Eligibility Criteria:To be eligible for the office of Vice President:
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3. Procedure to Impeach Vice President
- As the second-highest constitutional authority after the President, the Vice President's powers are derived from Article 63 of the Constitution.
- Additionally, Article 64 designates the Vice President as the ex-officio Chairperson of the Rajya Sabha, entrusting the officeholder with dual responsibilities as Vice President and Chairperson of the Upper House.
- The procedure for the removal of the Vice President, who also serves as the Chairperson of the Rajya Sabha, is outlined in Article 67.
- This article specifies that the Vice President's tenure is five years, beginning from the day they assume office. However, they may resign before completing the term by submitting a resignation to the President.
- Moreover, under Article 67(b), the Vice President can be removed if a resolution to that effect is passed by a majority in the Rajya Sabha and subsequently agreed upon by the Lok Sabha. It is stipulated that such a resolution requires a prior notice period of at least 14 days before it can be moved
4. Will the no-confidence motion be taken up?
- It is improbable that the no-confidence motion will be discussed in the House, as the Winter Session of Parliament is set to end on December 20, leaving fewer than 14 days for consideration.
- For example, in 2020, then Rajya Sabha Chairperson M. Venkaiah Naidu rejected a no-confidence motion against Deputy Chairperson Harivansh, citing the requirement of a 14-day notice.
- Even if the motion is brought before the House, it is unlikely to succeed due to the Opposition’s lack of sufficient numbers to ensure its passage. This initiative seems to primarily serve as a symbolic protest against Mr. Dhankhar’s alleged partisan behavior.
- Since it is a constitutional resolution, it does not expire with the prorogation of the session. It can be addressed in the next session of Parliament or during a specially convened session for that purpose
5. Can the Vice President preside over the motion in the Upper House?
- No, the Vice President of India, in their capacity as the Chairperson of the Rajya Sabha, cannot preside over a motion concerning their own removal in the Upper House. This is in line with the principle of natural justice, which prevents an individual from judging a matter in which they have a direct interest.
- In such a scenario, Article 91 of the Constitution provides that the duties of the Chairperson of the Rajya Sabha (the Vice President) will be performed by the Deputy Chairperson.
- If the Deputy Chairperson is unavailable or the office is vacant, any other member of the Rajya Sabha, as determined by the rules of procedure, may preside over the proceedings.
- This ensures impartiality and fairness in handling motions related to the removal of the Vice President
6. Constitutional Provisions of the Vice President of India
| Article | Provision | Details |
| 63 | Office of the Vice President | Establishes the position of the Vice President of India |
| 64 | Vice President as Ex-officio Chairperson of the Rajya Sabha |
1.Serves as the head of the Rajya Sabha.
2.Has no voting rights in the Rajya Sabha except in case of a tie
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| 65 | Acting as President |
1.Takes over as President in the absence of the President.
2.Cannot hold the position of Rajya Sabha Chairperson during this period
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| 66 | Election of the Vice President | Elected by members of both Houses of Parliament through proportional representation and secret ballot |
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Eligibility Criteria:
- Must be a citizen of India.
- Must be at least 35 years old.
- Must be eligible for Rajya Sabha membership.
- Cannot hold a government position
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| 67 | Term of Office and Removal |
1.Serves a five-year term.
2.Can resign or be removed by a resolution passed by both Houses of Parliament
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For Prelims: Vice President of India, President of India
For Mains: GS II - IndianPolity & Governance
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Previous Year Questions
1.Consider the following statements: (UPSC CSE 2013)
Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Answer (b) Mains 1.Discuss the role of the Vice –Presidents of India as the chairman of the Rajya Sabha. (2022) |
Source: The Hindu
