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No-Confidence Motion against Vice-President
Context:
The notice submitted by Opposition INDIA bloc MPs to initiate a no-confidence motion against Vice-President Jagdeep Dhankhar appears to be more of a symbolic gesture than an actionable parliamentary process.
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- Given the Opposition’s lack of numerical strength, the motion is unlikely to succeed.
- However, if accepted and debated in the Rajya Sabha, Dhankhar would be unable to preside over the proceedings, as per Article 92 of the Constitution.
- This rule would only apply if the motion is accepted by Deputy Chairperson Harivansh Singh.
- Notably, the current session of Parliament is set to conclude on December 20, before the 14-day notice period mandated by Article 67 for considering the motion ends on December 25.
- In 2020, a similar motion against Deputy Chairman Harivansh was rejected by then Rajya Sabha Chairman M. Venkaiah Naidu, citing the requirement of a resolution with 14 days’ notice.
- However, senior advocate Devadatt Kamat clarified that the notice does not expire with the session and can be taken up in the next session of Parliament.
About No-Confidence Motion
- A no-confidence motion is a parliamentary procedure in India that allows members of the Lok Sabha to express their lack of confidence in the Council of Ministers.
- While not explicitly mentioned in the Constitution, it is governed by Article 75(3), which states that the Council of Ministers is collectively responsible to the Lok Sabha.
- To initiate a no-confidence motion, a member must secure the support of at least 50 fellow MPs.
- If the motion is passed by a majority vote, the government must resign.
Vice President of India
The Vice President of India holds the second-highest constitutional office in the country and plays a crucial role in the functioning of the government.
Constitutional Provisions:
- Office and Term: The Vice President serves a term of five years but can continue in office until a successor is elected, even if this extends beyond the term.
- Election: The Vice President is elected by an electoral college consisting of the elected members of both Houses of Parliament, as outlined in Article 66.
Powers and Functions:
- Ex-Officio Chairman of Rajya Sabha: The Vice President acts as the Chairman of the Rajya Sabha, presiding over its sessions and maintaining order.
- Acting as President: In case of a vacancy in the office of the President due to death, resignation, or removal, the Vice President acts as President until a new President is elected, which must occur within six months. During this time, he/she holds all powers and privileges of the President.
- Removal: The Vice President can be removed from office by a resolution passed by a majority in the Rajya Sabha and agreed to by the Lok Sabha. A notice of at least 14 days must be given before such a resolution is moved.
- Resignation: The Vice President may resign by submitting a resignation letter to the President of India, effective upon acceptance.
- Disqualification: The Constitution does not specify grounds for disqualification; however, if an election is declared void by the Supreme Court, actions taken before that declaration remain valid.
