In News:

In December 2024, around 60 opposition MPs from the INDIA (Indian National Developmental, Inclusive Alliance) bloc submitted a notice to the Rajya Sabha Secretariat, seeking the removal of Vice President Jagdeep Dhankhar from his position as the Chairman of the Rajya Sabha. This unprecedented move has sparked significant political debate, with the opposition accusing Dhankhar of partisanship and bias in the conduct of parliamentary proceedings.

The Charges Against Jagdeep Dhankhar

Allegations of Bias and Partisanship

The opposition has raised several allegations against Dhankhar since his appointment as the Rajya Sabha Chairman in August 2022. These include:

• Partiality towards the ruling government: The opposition claims that Dhankhar has shown bias in favor of the BJP, with accusations of repeatedly denying the Leader of the Opposition, Mallikarjun Kharge, the opportunity to respond to statements made by Prime Minister Narendra Modi and BJP President J.P. Nadda.
• Interference in Parliamentary Debates: Opposition MPs have accused Dhankhar of disrupting their speeches and allowing ruling party members to dominate parliamentary discussions.
• Unbecoming Remarks: The notice also refers to comments made by Dhankhar, including praising the Rashtriya Swayamsevak Sangh (RSS) and recalling his association with "so-called cultural organizations." These actions, according to the opposition, violate the non-partisan nature expected of the Chairman.

The Constitutional Framework for Removal of the Vice-President

Legal Provisions for Impeachment

The Vice-President of India, who also serves as the Chairman of the Rajya Sabha, is elected for a five-year term. Article 67 of the Indian Constitution outlines the procedure for his removal:

• Notice Requirement: A motion for the removal of the Vice-President must be introduced in the Rajya Sabha with a prior 14-day notice.
• Approval Process: The resolution must be passed by a majority in the Rajya Sabha and then approved by the Lok Sabha.
• Grounds for Removal: The Vice-President can only be removed through a resolution that is supported by a majority in both Houses of Parliament.

Opposition’s Plan and Challenges

Despite lacking the necessary numbers in the Rajya Sabha to succeed in the impeachment motion, the opposition's move is aimed at sending a political message to the BJP, expressing dissatisfaction with the functioning of the Parliament under Dhankhar’s leadership.

The current session of Parliament is scheduled to end on December 20, 2024, leaving little time for the motion to gain traction. The opposition also does not have the numbers needed for a majority in the Rajya Sabha, which complicates the chances of success for the motion.

Historical Precedents for Similar Resolutions

The last notable attempt to remove a parliamentary officer occurred in 2020 when the opposition moved a no-confidence motion against Rajya Sabha Deputy Chairman Harivansh. This motion was prompted by his decision to extend the session during the contentious farm Bills debate. Although the motion was discussed, it did not result in any significant change.

Similarly, there have been instances where motions to remove Lok Sabha Speakers have been moved but not passed, such as against G.V. Mavalankar in 1951, Sardar Hukam Singh in 1966, and Balram Jakhar in 1987.

Role and Significance of the Vice-President in India

Constitutional Role

The Vice-President of India holds the second-highest constitutional office, primarily functioning as the ex-officio Chairman of the Rajya Sabha. His duties include:

• Presiding over Rajya Sabha Sessions: The Vice-President ensures the smooth functioning of the Rajya Sabha and maintains order during debates. He does not typically vote except in the case of a tie.
• Acting President: In the absence, resignation, or death of the President, the Vice-President assumes the role of the Acting President.

Removal Process Under Article 67

• Article 67(b) of the Constitution specifies the process for the removal of the Vice-President, requiring a 14-day notice and approval from both Houses of Parliament. This provision ensures that any such resolution receives due consideration and is not moved hastily.

Implications for Parliamentary Democracy

• Risks to Parliamentary Integrity: Opposition leaders have expressed concern that the current political environment is eroding the integrity of India’s parliamentary system. They argue that by misusing constitutional offices for partisan ends, the ruling government risks undermining the democratic foundations of the country.

Significance of the Move

• Although the opposition may not succeed in removing Dhankhar, the notice serves as a powerful symbol of resistance. The move underscores the opposition’s commitment to defending the principles of parliamentary democracy and the need for impartiality in the conduct of parliamentary affairs.

Conclusion

The opposition’s push to remove Vice-President Jagdeep Dhankhar from his position as the Chairman of the Rajya Sabha highlights the growing political tensions in India’s Parliament. While the move may not succeed due to the lack of numerical support, it brings to the forefront critical issues regarding the independence of constitutional offices and the functioning of parliamentary democracy in India. The developments around this notice will continue to be a significant point of discussion as the winter session of Parliament draws to a close.