Opposition parties plan to submit a notice for a no-confidence or impeachment resolution against Vice-President and Rajya Sabha Chairman.

Key Highlights of the Move

• The resolution must comply with the 14-day notice requirement.
  • The Winter Session of Parliament, ending December 20, provides limited time for its submission and processing.
  • On the prorogation, all pending notices except those relating to introduction of Bills lapse and fresh notices must be given for the next session.

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Removal of the Vice-President/ Chairman of the Rajya Sabha

Constitutional Provisions

• Article 67(b): Provides the procedure for the removal of the Vice-President of India.
  • The Vice-President, who also serves as the Chairman of the Rajya Sabha, can be removed through this process.
• Removal of Rajya Sabha Chairman: The Chairman of the Rajya Sabha (Vice-President) can only be removed if he/she is removed from the office of the Vice-President.

Process for Removal

• Introduction of Resolution: The removal resolution can only be introduced in the Rajya Sabha, not in the Lok Sabha.
• Notice Requirement: A 14-day advance notice is mandatory before moving the resolution.
• Majority Requirements:
  • Effective Majority in Rajya Sabha: The resolution must be passed by the majority of the then members of the Rajya Sabha, excluding vacant seats.
  • Simple Majority in Lok Sabha: The resolution must also be agreed to by a simple majority in the Lok Sabha.

Conduct During Resolution

• Restrictions on Chairman: When a resolution for the removal of the Chairman of the Rajya Sabha is under consideration, he/she cannot preside over the House.
• Participation in Proceedings: The Chairman can participate in the proceedings, speak in the House, and take part in discussions but cannot vote, even in the first instance.
• Contrast with Lok Sabha Speaker: The Speaker of the Lok Sabha can vote in the first instance but not in the case of a tie.

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Historical Precedents and Related Cases

• No-Confidence Against Deputy Chairman (2020): The Opposition submitted a no-confidence resolution against Rajya Sabha Deputy Chairman Harivansh in 2020 over his handling of contentious farm bills.
  • The resolution cited violations of parliamentary procedures and fair play.
• Impeachment Resolutions Against Speakers: Precedents include resolutions against Lok Sabha Speakers like G.V. Mavalankar (1951), Sardar Hukam Singh (1966), and Balram Jakhar (1987), all negated by the House after discussion.
• There is no precedence of a no-confidence or impeachment resolution being moved against the Rajya Sabha Chairman.

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