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Critical Topics and Their Significance for the UPSC CSE Examination on December 16, 2024

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Can the Vice President be impeached?

For Preliminary Examination: Vice President of India, President of India

For Mains Examination: GS II - Indian Polity & Governance

Context:

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

Read about:

President of India

Vice President of India

Key takeaways:

Procedure for Removing the Vice President

• The Vice President of India, the second-highest constitutional authority after the President, derives their powers from Article 63 of the Constitution. Article 64 further designates the Vice President as the ex-officio Chairperson of the Rajya Sabha, assigning them dual responsibilities as Vice President and Chairperson of the Upper House.
• The procedure for removing the Vice President is outlined in Article 67 of the Constitution. While the Vice President's term is fixed at five years, they may resign mid-term by submitting a resignation to the President.
• Under Article 67(b), the Vice President can also be removed through a resolution passed by a majority of members in the Rajya Sabha, which must then be approved by the Lok Sabha. However, this process requires a 14-day advance notice before the resolution is introduced.
• According to P.D.T. Achary, former Secretary General of the Lok Sabha, the resolution can only be taken up for discussion after this notice period and requires a simple majority in both Houses for approval and implementation

Will the No-confidence Motion Be Considered?

• It appears unlikely that the no-confidence motion will be addressed in the current session of Parliament, as the Winter Session is set to conclude on December 20, leaving insufficient time for the mandated 14-day notice period.
• For example, in 2020, then Rajya Sabha Chairperson M. Venkaiah Naidu rejected a no-confidence motion against Deputy Chairperson Harivansh due to the absence of the required notice period.
• Furthermore, even if the motion is taken up, it is unlikely to succeed as the Opposition lacks the necessary numbers for its passage. This motion, therefore, seems to be largely a symbolic protest against the alleged partisan behavior of the current Vice President, Mr. Dhankhar.
• Notably, since this is a constitutional resolution, it does not lapse when the session is prorogued. It can be reconsidered in a future session or during a specially convened session of Parliament, as clarified by Mr. Achary