Removal Notice Against Vice-President

Why in News?

Opposition MPs seek to the removal of Vice-President Jagdeep Dhankhar as the Chairperson of the Rajya Sabha.

The Allegations (Six-Point “Chargesheet”)

  • Bias in Conduct
  • Ignoring Leader of the Opposition
  • Unacceptable Remarks.
  • Inappropriate Statements for the high Constitutional position.
  • Criticism of Opposition Statements.
  • Acting as Government Spokesperson.

Relevance for UPSC

(GS Paper II- Polity, Constitution)

Prelim: Article

Procedure for the Removal

The procedure for the removal of the Vice-President of India is governed by Article 67 of the Constitution of India.

1. Constitutional Provisions

  • Article 67(b): The Vice-President may be removed from office by a resolution of the Rajya Sabha passed by a majority of all the then-members of the House and agreed to by the Lok Sabha.
removal VP

Procedure for Removal

1: Notice of Motion

  • At least 14 days’ prior written notice must be given before the motion for removal is moved.
  • The notice must specify the intention to move the resolution for the removal of the Vice-President.

2: Submission of Notice

  • The notice must be signed by a minimum number of Rajya Sabha members (typically 1/4th of the total members).
  • The notice is submitted to the Chairman of the Rajya Sabha (Vice-President) or, in this case, the Secretary-General of the Rajya Sabha since the motion pertains to the Chairperson.

3: Admissibility of the Motion

  • The notice is examined for admissibility:
    • It must adhere to procedural requirements.
    • It must be supported by the required number of members.

4: Debate in the Rajya Sabha

  • The motion is taken up for consideration in the Rajya Sabha.
  • It requires the support of a majority of all the then-members of the House (i.e., absolute majority, not just those present and voting).

5: Voting in the Lok Sabha

  • If the motion is passed in the Rajya Sabha, it is sent to the Lok Sabha for approval.
  • The Lok Sabha must also approve the motion by a simple majority (majority of members present and voting).

3. Key Points to Note

  • No Judicial Review During the Process: The courts cannot intervene while the removal process is underway, as it is a legislative privilege.
  • Chairperson’s Role in Their Own Removal: Since the Vice-President also serves as the Rajya Sabha Chairperson, another presiding officer, typically the Deputy Chairman, handles proceedings in such cases.
  • Precedent: No Vice-President has ever been removed through this process in Indian history.

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