• Parties of the opposition INDIA bloc submitted a notice in the Rajya Sabha for moving a no-confidence motion against Vice President Jagdeep Dhankhar, accusing him of being “extremely partisan” in his role as the Chairman of the Upper House.

• This is the first time that a notice for bringing a motion to remove the Vice President has been moved in the Rajya Sabha. 

• A 14-day notice has to be given and it should be approved by the Deputy Chairman before the motion is taken up.

• However, with the Winter Session scheduled to end by December 20, the Opposition’s motion might not meet the 14-day notice requirement. 

• Despite this, opposition parties are determined to press on, planning to submit a fresh notice in the next session if the current attempt fails

Resolution for removal of Vice President

• According to Article 67(b) of the Indian Constitution, the Vice President can only be removed by a resolution passed by the Rajya Sabha, followed by approval from the Lok Sabha. 

• The motion requires a 14-day notice before it can be brought to the House, and it must be approved by the Deputy Chairman before being discussed.

• While the Opposition’s motion against the Vice President is unprecedented, there have been similar attempts in the past to remove the Speaker of the Lok Sabha. 

• In 1954, 1966, and 1987, motions were moved against the Speakers, but all were either rejected or negated.

• This historical context highlights the rarity of such proceedings and the difficulty in achieving a successful removal motion.

• If the motion seeking Dhankhar’s removal is moved, these parties need a simple majority to get it passed.

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 the President’s office,  merely serves as an acting President until the newly elected President assumes 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 the Indian state.

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