The turbulent relations between Rajya Sabha Chairman Jagdeep Dhankhar and INDIA bloc parties came to a head with sources saying that the Opposition is considering submitting a notice for moving a resolution to remove the Vice President from his office. 

They said the timing of the notice is to be discussed and decided and though the resolution may not go through it would be a statement to highlight the Chair’s blatantly and consistently partisan approach.

Removal of Vice President

• According to Article 67(b) of the Constitution, The Vice-President can be removed from office by a resolution of the Council of States (Rajya Sabha), passed by a majority of its members at that time and agreed to by the House of the People (Lok Sabha). 

• A resolution for this purpose may be moved only after a notice of at least a minimum of 14 days has been given of such an intention.

Vice President’s constitutional position

• The Vice President of India is the second highest constitutional office in the country. 

• He serves for a five-year term, but can continue to be in office, irrespective of the expiry of the term, until the successor assumes office.

• The Constitution is silent on who performs the duties of the Vice President, when a vacancy occurs in the office of the Vice President of India, before the expiry of his term, or when the Vice President acts as the President of India. 

• The only provision in the Constitution is with regard to the Vice President’s function as the Chairperson of the Council of States (Rajya Sabha), which is performed, during the period of such vacancy, by the Deputy Chairperson of the Rajya Sabha, or any other member of the Rajya Sabha authorised by the President of India.

• The Vice President may resign his office by submitting his resignation to the President of India. 

• The resignation becomes effective from the day it is accepted.

Powers and Functions

The functions of Vice-President are two-fold:

• He acts as the ex-officio Chairman of Rajya Sabha. In this capacity, his powers and functions are similar to those of the Speaker of Lok Sabha. In this respect, he resembles the American Vice-President who also acts as the Chairman of the Senate – the Upper House of the American legislature.

• He acts as President when a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise. He can act as President only for a maximum period of six months within which a new President has to be elected. 

• Further, when the sitting President is unable to discharge his functions due to absence, illness or any other cause, the Vice President discharges his functions until the President resumes his office. 

• While acting as President or discharging the functions of President, the Vice President does not perform the duties of the office of the chairman of Rajya Sabha. During this period, those duties are performed by the Deputy Chairman of Rajya Sabha.

Comparison with the US Vice President

Though the office of Indian Vice President is modelled on the lines of American Vice-President there is a big difference. An American Vice President becomes President in case of a vacancy in President’s office and remains President for the remaining unexpired term of his predecessor. 

Indian Vice President in case of a vacancy in President’s office merely serves as an acting President until the newly elected president assume charge.

Thus it is clear that the Constitution has not assigned any significant function to the Vice President and this office is mainly created to maintain the political continuity of Indian state.

(The author is a trainer for Civil Services aspirants.)