Opposition Plans No-Confidence Motion Against Rajya Sabha Chairman Jagdeep Dhankhar Over Alleged Partisanship

(Source: Indian Express; Section: Cover Page; Page: 01)

Topic: GS2 – Polity

 

Context:

The article discusses the Opposition’s decision to move a no-confidence or impeachment resolution against Rajya Sabha Chairman Jagdeep Dhankhar, citing allegations of partisanship and misconduct.

 

Analysis of News:   

Vice President in India

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

• The Vice-President is accorded a rank next to the President in the official warrant of precedence. This office is modeled on the lines of the American Vice-President.
• The Vice President’s main role is to act as the President if the President cannot perform his or her duties, such as due to death, resignation, or impeachment.
• The Vice President also serves as the Chairman of the Rajya Sabha (Council of States), the upper house of the Indian Parliament.

How is the Vice President of India elected?

The Vice-President, like the president, is elected not directly by the people but indirectly.

• He is elected by the members of an electoral college consisting of the members of both houses of Parliament. Thus, this electoral college is different from the electoral college for the election of the President in the following two respects:

• • It consists of both elected and nominated members of the Parliament (in the case of the President, only elected members).

• • It does not include the members of the state legislative assemblies (in the case of the President, the elected members of the state legislative assemblies are included).

• Vice-President’s election, like that of the President’s election, is held in accordance with the system of proportional representation by means of the single transferable vote, and the voting is by secret ballot.
• All doubts and disputes concerning the election of the Vice-President are inquired into and decided by the Supreme Court, whose decision is final.

 

Opposition’s Move Against Rajya Sabha Chairman

• The INDIA bloc has decided to submit a no-confidence or impeachment notice against Vice-President and Rajya Sabha Chairman Jagdeep Dhankhar.
• While the Opposition lacks the numbers to secure his impeachment, the move aims to send a political signal against alleged partisanship.
• MPs from the TMC, SP, and other INDIA bloc parties have already signed the notice under Article 67(b) of the Constitution, which requires a 14-day notice period before such a resolution can be moved.

Allegations of Partisanship and Parliamentary Misconduct

• The Opposition accuses Dhankhar of partisanship, citing his actions, such as naming Congress MP Abhishek Singhvi in relation to alleged financial misconduct and allowing BJP MPs to discuss topics unfavorable to the Congress.
• These actions, seen as favoring the ruling BJP, have fueled the Opposition’s dissatisfaction.
• TMC Deputy Leader Sagarika Ghose criticized the government for “misusing high constitutional offices,” framing the move as a defense of parliamentary democracy.

Historical Context of Similar Resolutions

• Although no Rajya Sabha Chairman has faced such a motion before, there is a precedent of a no-confidence resolution against Deputy Chairman Harivansh in 2020.
• That motion, driven by the Opposition’s dissatisfaction with his handling of farm Bill discussions, was ultimately negated.
• The INDIA bloc draws parallels to earlier instances of motions against Lok Sabha Speakers, all of which were also unsuccessful but served as symbolic protests.

Implications for Parliamentary Democracy

• The Opposition’s initiative highlights concerns over the integrity of constitutional offices and democratic processes.
• While unlikely to succeed, the motion underscores broader frustrations with perceived executive overreach and parliamentary conduct under the BJP-led government.
• The outcome will influence the political narrative, framing a larger debate on the balance of power and the role of constitutional authorities in safeguarding democratic principles.

What is the procedure for the removal of the Vice President of India?

The Vice President can also be removed from office before the completion of his term. A formal impeachment is not required for his removal. He can be removed by a resolution passed by a majority of all the then members of the Rajya Sabha (Effective Majority) and agreed to by the Lok Sabha (Simple Majority). This means that this resolution should be passed in the Rajya Sabha by an effective majority and in the Lok Sabha by a simple majority. It must be noted here that the effective majority in India is only a type of special majority and not a separate one. Further, this resolution can be introduced only in the Rajya Sabha and not in the Lok Sabha. But, no such resolution can be moved unless at least 14 days advance notice has been given.

 

 

 

PYQ: Consider the following statements: (2013) 1.     The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House. 2.     While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans: b

Practice Question:  Evaluate the implications of the Opposition’s move to submit a no-confidence or impeachment resolution against Rajya Sabha Chairman Jagdeep Dhankhar, considering constitutional, political, and procedural perspectives. (250 words/15 m)