Impeachment of Vice President

Why in news?

The opposition parties to submit a no-confidence motion against vice president of India for the partisan manner in conducting the proceedings of the council of states.

Why opposition is moving no confidence motion on vice president?

• The independence and neutrality of parliamentary presiding officers are critical for the smooth functioning of democracy.
• Partisan perception – Opposition claim that decisions regarding procedural matters, debates or disciplinary actions are biased, especially during legislative sessions.
• Accusations of favoritism or selective enforcement of rules undermines the Vice President’s as a neutral arbiter.

• Preserving democratic integrity – Neutrality ensures that the Rajya Sabha functions as a deliberative body that represents the states and regions of India.
• It protects the sanctity of debates and decision-making processes.
• Lack of trust among members – Partiality shown by Vice President makes procedural disruptions and walkouts in rajya sabha.

What are the Constitutional provisions of vice president?

• Office of vice president – Article 63 provides that there shall be a Vice-President of India.
  • Jagdeep Dhankhar serves as the 14th Vice President of India.
• Qualifications – To be eligible for the Vice Presidency, a candidate must:
  • Be a citizen of India.
  • Be at least 35 years old.
  • Qualify for election as a member of the Rajya Sabha.
• Election process – Article 66 details the election process of Vice President, who is elected by an electoral college comprising members of both Houses of Parliament through a system of proportional representation by means of a single transferable vote.
• Article 324 vests the superintendence of the conduct of election to the office of the Vice-President of India in the Election Commission of India.
• Oath of office – The Vice President takes an oath or affirmation before the President of India or someone appointed by the President.
• Term of office – Article 67 specifies a five-year term for the Vice President.

What are the powers and functions of the vice president?

• Ex Officio chairman of rajya sabha – Articles 64 and article 89 designates that the Vice-President of India shall be exofficio Chairman of the Council of States.
• In the constitutional set-up, the holder of the office of Vice President is part of the Executive but as Chairman of the Rajya Sabha he is a part of Parliament.

• Presides over Rajya Sabha sessions and maintains order and decorum during debates.
• Ensures that parliamentary rules and procedures are followed.
• In the event of a tie in the Rajya Sabha, the Vice President exercises the casting vote.
• Acting president – In the absence of the President due to death, resignation, removal or incapacity, the Vice President assumes the duties of the President.
• Acts as the President until a new President is elected within six months.
• Legislative functions – Presides over Rajya Sabha, address issues and enabling discussions on legislative matters.
• Plays a neutral role, ensuring that all members have the opportunity to express their views.
• Diplomatic and Ceremonial Roles – Represents India at various state functions and ceremonies, both domestically and internationally, as needed.
• Advisory role – Advises the President and other government authorities in matters of governance and administration, though this is not a formal constitutional duty.

What is the procedure for impeaching the Vice President?

Vice-President may resign his office by hand written resignation to the President.

• Initiation of the motion – A resolution to remove the Vice President can be initiated only in the Rajya Sabha (the Vice President is the ex officio Chairman of this House).
• The resolution must be initiates in at least 14 days notice, signed by a prescribed number of Rajya Sabha members.
• Approval in the rajya sabha – The resolution is debated and voted upon in the Rajya Sabha.
• It must be passed by a majority of all the then members of the Rajya Sabha.
• Approval in the lok sabha – After being passed in the Rajya Sabha, the resolution moves to the Lok Sabha.
• It must also be approved by a majority of all the then members of the Lok Sabha.
• Final outcome – If both Houses pass the resolution by the required majority, the Vice President is considered removed from office.
• This is the second such attempt by the Opposition parties this year.
• Ensuring fairness in removal – The Vice President cannot preside as Chairman of the Rajya Sabha, during discussions on removal.
  • The Deputy Chairman or any another member of rajya sabha presides.
• Comparison with the president's impeachment – The President's impeachment process requires a special majority (two-thirds of members present and voting in both Houses).
• The Vice President’s removal requires only a simple majority of all members in both Houses.

What lies ahead?

• Balancing neutrality as political divisions intensify, the Vice President must maintain impartiality by ensuring fair treatment of all members to uphold democratic integrity.
• Strengthening institutional credibility by demonstrating transparency, fairness and adherence to constitutional principles.
• Ensure the efficient functioning of parliamentary proceedings to discuss the public issues.

Reference

   The Indian Express | Impeachment of Vice President