Removal of Vice-President | 18 Dec 2024

Source: TH

Why in News? 

Recently, the Opposition parties have decided to submit a notice (under Article 67(b)) to move a motion of no-confidence against the Vice-President, who also serves as the Chairman of the Rajya Sabha.  

• The motion of no-confidence with respect to the Rajya Sabha is an informal term and is not mentioned in the Constitution. 

What are the Constitutional Provisions Regarding the Vice-President? 

• Vice President: 
  • Article 63 of the Constitution of India states that there shall be a Vice-President of India. 
  • Article 64 states that the Vice President also serves as the ex-officio Chairperson of the Rajya Sabha and cannot hold any other office of profit. 
  • When the Vice President assumes the role or duties of the President under Article 65 of the Constitution of India, they will not perform the responsibilities of the Chairman of the Rajya Sabha and will not receive the salary or allowances designated for the Chairman under Article 97. 
    • Resignation from the office requires submitting a letter to the President of India, effective upon acceptance. 
• Qualification for the Office: Article 66 specifies the qualifications required for a person to be eligible for the office of Vice President. 
  • Must be an Indian citizen. 
  • Must be at least 35 years old. 
  • Must be eligible for election as a member of the Rajya Sabha. 
  • Must not hold any office of profit under the Union or state governments, local authorities, or any other public authorities. 
• Election: 
  • Vacancy: Article 68 of the Constitution mandates that the election to fill the Vice President's vacancy due to term expiration must be completed before the current term ends. 
    • Article 324 of the Constitution, grants the Election Commission of India the authority to oversee, direct, and control the election process for the Vice President. 
  • Participants: Article 66 states that the Vice President is elected by an Electoral College, which consists of elected and nominated members from both Houses of Parliament.  
    • The election follows a system of proportional representation using a single transferable vote, and the voting is conducted by secret ballot. 
• Oath: 
  • According to Article 69, the Vice President must take an oath or affirmation before the President, or an appointed representative, before assuming office. 
• Term of the Office: 
  • Article 67 of the Constitution of India states that the Vice President serves a five-year term from the date they assume office.  
  • The Vice President holds the second highest constitutional position and will remain in office beyond this term until their successor takes over. 
• Removal: 
  • Article 67(b) states that the Vice President may be removed if an effective majority “all the then members of Rajya Sabha” passes a resolution for his removal, which must then be “agreed to” by the Lok Sabha, with at least 14 days' notice given before moving the resolution. 
    • Upon the expiry of the 14-day period, Rajya Sabha will take up the resolution for discussion, following the procedure outlined in Article 67(b). 
  • There are no precedents to indicate if the resolution can be considered in the next session. 
  • Article 92 of the Constitution explicitly bars the Chairman or Deputy Chairman from presiding over proceedings while a resolution for their removal is under consideration. 
• Power and Functions: 
  • The Chairman of the Rajya Sabha can adjourn the House or suspend its sitting if there is no quorum. 
  • The 10th Schedule of the Constitution authorizes the Chairman to decide on the disqualification of a Rajya Sabha member due to defection. 
  • The Chairman's approval is required to raise a question of breach of privilege in the House. 
  • Parliamentary Committees, whether established by the Chairman or the House, operate under the Chairman's guidance. 
  • The Chairman appoints members to various Standing Committees and Department-related Parliamentary Committees. He also chairs the Business Advisory Committee, the Rules Committee, and the General Purposes Committee. 
  • The Chairman is responsible for interpreting the Constitution and rules related to the House, and no one can dispute the Chairman's interpretation.