Opposition to Submit Notice for Impeachment of Vice-President Jagdeep Dhankhar

1. On 9th December 2024, The INDIA bloc, a group of opposition parties, is planning to submit a notice to move a no-confidence or impeachment resolution against Vice-President Jagdeep Dhankhar, who is also the Chairman of the Rajya Sabha.
2. The opposition claims that Dhankhar has been biased and has been favoring the ruling BJP in the Rajya Sabha.
3. Political Message: While the opposition does not have enough numbers in the Rajya Sabha to remove Dhankhar, but this move is mainly to send a political message to the BJP about the concerns regarding how Parliament is being run.

Why Is the Opposition Against Dhankhar?

1. The opposition parties have accused Dhankhar of being partial, saying that he does not allow them to speak or raise important issues.
2. They believe that Dhankhar is allowing the BJP to dominate the Rajya Sabha debates and suppress opposition voices.
3. 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.
4. This is the 2nd attempt by the opposition to remove Dhankhar this year.

Can a Vice-President Be Impeached in India?

The process for removing or impeaching the Vice-President of India is explained in Articles 67(b), 92, and 100 of the Indian Constitution.

1. Impeachment Process:

   1. The impeachment motion against the Vice-President can only be introduced in the Rajya Sabha (Upper House). The process is as follows:
      1. Introducing the Resolution: A resolution to impeach the Vice-President must first be introduced in the Rajya Sabha.
      2. Majority Needed in Rajya Sabha: For the motion to pass, it needs a majority of at least 50% of the members present, plus one.
      3. Motion Moves to Lok Sabha: If the motion passes in the Rajya Sabha, it then moves to the Lok Sabha (Lower House), where it needs to be approved by a simple majority for the Vice-President to be removed.

2. Notice Requirement:

   1. Article 67(b) of the Constitution says that there must be a 14-day notice before the motion can be moved, informing everyone about the intention to impeach the Vice-President.
   2. This notice is mandatory before the resolution can be introduced.

3. Time Constraints:

   1. The current session of Parliament ends on December 20, 2024, so there is limited time for the Opposition to introduce and process the motion before the session concludes.

4. Opposition Numbers in Rajya Sabha:

   1. In the 245-member Upper House, The Opposition INDIA bloc has only 103 members in the Rajya Sabha.
   2. Even with the support of Independent MP Kapil Sibal, the Opposition still does not have enough numbers to succeed in the impeachment.
   3. They would need more than half of the Rajya Sabha members to support the motion, which seems unlikely at this stage.

Opposition's Goals:

1. A senior leader from the opposition said that even though they might not have enough votes to remove Dhankhar, the goal is to send a clear message to the BJP that they cannot run Parliament in this way.
2. The leader added, “We are fighting to save Parliamentary democracy.”
3. TMC’s Statement: Sagarika Ghose, Deputy Leader of TMC in Rajya Sabha, said, “This government is killing Parliament.”
4. She also claimed that the BJP was scared because they do not have answers to people's issues.
5. She added that the government is misusing important constitutional offices for its own benefit.

Opposition's Numbers in Rajya Sabha:

1. The INDIA bloc has 103 members in the Rajya Sabha, plus the support of Independent MP Kapil Sibal. Even with this support, they do not have enough votes to remove Dhankhar. However, they still want to submit the notice as a statement of their concerns.
2. The opposition was also upset after Dhankhar mentioned Congress MP Abhishek Singhvi in connection with the recovery of money from his seat.
3. This, along with Dhankhar allowing BJP members to raise the issue of Congress ties to George Soros, angered the opposition and made them push forward with the impeachment idea.

Past Attempts at Impeachment:

1. There is no record of any impeachment or no-confidence motion ever being moved against a Rajya Sabha Chairman.
2. However, in 2020, the opposition moved a no-confidence motion against the Deputy Chairman of Rajya Sabha, Harivansh, after he allowed the Farm Bills to be passed without proper discussion.
3. This led to strong protests, and the opposition accused him of violating parliamentary rules.
   1. Article 90 of the Constitution talks about how a Deputy Chairman can be removed. It allows for a resolution to be passed if the majority of members in the Rajya Sabha agree.
   2. The 2020 resolution was backed by Congress, TMC, DMK, CPI, RJD, AAP, TRS, SP, IUML, and others.
   3. However, the resolution was rejected and did not result in any change.
4. Historical Precedents: In the past, resolutions were moved against Speakers of the Lok Sabha but were never successful. For example:
   1. In 1951, a resolution was moved against G V Mavalankar (the first Speaker of Lok Sabha).
   2. Sardar Hukam Singh in 1966 and Balram Jakhar in 1987 also faced similar resolutions, but these were discussed and rejected by the House.

About Rajya Sabha Chairman (Vice-President) Ex-officio Role: The Vice-President of India is the ex-officio Chairman of the Rajya Sabha (Council of States). Guardian of Dignity: The Chairman's role is crucial in maintaining the eminence and dignity of the Rajya Sabha. Constitutional Provisions: Article 64: The Vice-President is the ex-officio Chairman of the Rajya Sabha and cannot hold any other office of profit. Article 89: Defines the position and duties of the Chairman (Vice-President) and the Deputy Chairman of Rajya Sabha. Powers and Functions of the Chairman: Adjournment Powers: The Chairman can adjourn the Rajya Sabha or suspend sittings if there is a lack of quorum (minimum required number of members). Disqualification of Members: Under the 10th Schedule, the Chairman decides on the disqualification of members based on the anti-defection law (defection). Privilege Matters: The Chairman's consent is needed to raise issues related to the breach of privilege in the House. Committee Nominations: The Chairman nominates members to various Parliamentary Committees, including Standing Committees and Department-related Parliamentary Committees. He is also the Chairman of the Business Advisory Committee, Rules Committee, and General Purposes Committee. Interpretation of Rules: The Chairman is responsible for interpreting the Constitution and rules related to the Rajya Sabha. No one can dispute or argue with the Chairman's interpretation. Removal of the Chairman (Vice-President): Removal from Office: The Chairman can only be removed if the Vice-President of India is removed from office. No Presidency during Removal: If a resolution to remove the Vice-President is in effect, the Chairman cannot preside over the Rajya Sabha, but can still be part of the House. Provisions Related to the Vice-President: Role and Office: The Vice-President of India holds the second highest constitutional office in India. Term: The Vice-President serves a five-year term, but can continue in office until the successor assumes office. Resignation: The Vice-President can resign by submitting their resignation to the President of India. The resignation is effective when accepted by the President. Removal: The Vice-President can be removed by a resolution passed in Rajya Sabha (Council of States) and then agreed to by the Lok Sabha. The resolution requires a 14-day notice before being moved. Eligibility Criteria for Vice-President: Citizen of India. Minimum Age: Must be at least 35 years old. Qualification for Rajya Sabha: Must be qualified to be elected as a member of the Rajya Sabha. No Office of Profit: The Vice-President should not hold any office of profit under the Union Government, any State Government, or any local authority or public authority. Electoral College: As per Article 66 of the Constitution, the Vice-President is elected by the Electoral College. The Electoral College includes: Elected members of the Rajya Sabha. Nominated members of the Rajya Sabha. Elected members of the Lok Sabha. Election Procedure: Article 68: The election to fill the vacancy of the Vice-President should be completed before the expiration of the outgoing Vice-President’s term. Election Commission Role: The Election Commission of India supervises the election process. The election process is conducted as per the Presidential and Vice-Presidential Elections Act, 1952, and the Presidential and Vice-Presidential Elections Rules, 1974. Timeline: The notification for the election is issued 60 days before the end of the current Vice-President’s term. Voting: All members of both Houses of Parliament (Rajya Sabha and Lok Sabha) vote. The value of each MP’s vote is 1. Returning Officer: The Secretary-General of Lok Sabha or Rajya Sabha (appointed by rotation) serves as the Returning Officer for the Vice-Presidential election. Polling Location: The polls for the election are conducted in the Parliament House.