The INDIA bloc of the opposition for the first time brought a no-confidence motion against the Rajya Sabha Chairman Jagdeep Dhankhar charging him with partiality. Spearheaded by 60 MPs belonging to Congress, TMC, and DMK, the motion accuses Dhankhar of being partial to the ruling party and even unconstitutional against the opposition. Although the motion cannot be passed due to lack of sufficient numbers in the 243 member Rajya Sabha, the opposition wants to make an imprint through demonstration on parliamentary democracy. The motion needs a 14-day notice; in the event they do not consider the same in the current session, it will be brought in the subsequent session.
About the Vice President of India
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The Vice President is the second-highest constitutional authority in India after the President.
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The position merges legislative and executive powers to ensure the proper functioning of the parliamentary system as well as governance.
Constitutional Provisions relating to the Vice President of India
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Articles 63-71 in part V of the Indian Constitution deal with the election, qualifications, powers and other matters of the Vice President’s office.
Election of Vice President of India
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Under article 66,
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Elected by the members of both Houses of Parliament (both elected and nominated) through Proportional Representation through Secret Ballot.
Note: The members of the Legislative Assemblies of States DO NOT participate in the election of Vice-President
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It is different from the Electoral College for the election of the President:
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It is made up of members elected to the Parliament and other members nominated to the Parliament (where the President is involved, only elected members are considered).
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This does not comprise the members of the state legislative assemblies For the president, elected members of the state legislative assemblies are included.
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All matters relating to the election and the qualification of a Vice-President are referred to the Supreme Court and the decision of the court is conclusive.
Qualifications of Vice President
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He/she should be a citizen of India.
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He/she should have completed 35 years of age.
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He/she should be qualified for election as a member of the Rajya Sabha.
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He/she should not hold any office of profit under the Union Government or any State Government or any Local Authority or any other Public Authority.
Oath of Office
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Under article 69, he is administered by the President, sworn allegiance to the Constitution of India, with an undertaking to faithfully discharge duties.
Period of Office
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Under article 67, he holds office for 5 years and on re-election, continues till the incumbent assumes office.
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Article 67(a) he can resign from his office at any time by addressing the resignation letter to the President.
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Article 67(b) mentions that the Vice-President may be removed by resolution in Rajya Sabha adopted by Effective Majority, with concurrence by Lok Sabha. A resolution under clause requires a minimum of 14 days’ notice before the resolution is moved.
Note: No ground has been mentioned in the constitution for the removal of the Vice-President.
Powers and Functions
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Article 63 of the Constitution mentions the Vice-President of India
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Under Article 64, he acts as the Ex-Officio Chairman of Rajya Sabha having powers and functions as Speaker of the Lok Sabha.
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Under Article 65, the Vice-president acts as President of India in case of a vacancy in the office of the President for a maximum period of 6 months.
Salaries and Allowances
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He draws his regular salary in his capacity as the Chairman of the Rajya Sabha along with allowances for residence, travel, and medical facilities.
Comparison with U.S. Vice President
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Indian Vice President: Serves as President temporarily; does not serve the unexpired term.
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U.S. Vice President: Assumes the President’s office for the rest of the term.
List of Vice-Presidents of India
Conclusion
The opposition’s no-confidence motion against Rajya Sabha Chairman Jagdeep Dhankhar highlights concerns over impartiality in parliamentary proceedings. Although the motion is unlikely to pass, it reflects the opposition’s push for a fairer system. The Vice President’s role is crucial in maintaining the integrity of parliamentary democracy, and this move serves as a reminder of the importance of impartiality in such high offices.
