No-confidence motion for Vice President
- The opposition parties have decided to submit a notice (under Article 67 (b)) to move a no-confidence motion against the Vice President, who also serves as the Chairman of the Rajya Sabha.
- No-confidence motion in relation to Rajya Sabha is an unofficial term which is not mentioned in the Constitution.
No-confidence motion:
- A no-confidence motion is moved in the Lok Sabha (not in the Rajya Sabha) to gauge the support of the government.
- It needs the support of 50 members to be taken up and if it is passed, the government must resign.
- These motions are usually moved when the government seems to have lost its majority.
Constitutional Provisions with respect to 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 acts as the ex-officio Chairman 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, he shall not discharge the duties of the Chairman of the Rajya Sabha and receive the salary or allowances specified for the Chairman under Article 97.
- To resign from the post, it is necessary to submit a letter to the President of India, which will be effective after approval.
Eligibility for the post:
- Article 66 specifies the qualifications required for the office of the Vice-President. Which are as follows:
o They must be citizens of India.
o Must be at least 35 years of age.
o Should be eligible for election as a member of Rajya Sabha.
o Should not hold any office of profit under the Union or State Governments, local authorities or any other public authority.
Election:
- Article 68 of the Constitution provides that the election to fill the vacancy caused by the expiration of the term of office of the Vice-President shall be completed before the expiration of the present term.
- Article 324 of the Constitution empowers the Election Commission of India to superintend, direct and control the election process of the Vice-President.
Participants:
- Article 66 states that the Vice-President should be elected by an electoral college consisting of elected and nominated members of both Houses of Parliament.
- The election follows the system of proportional representation using the single transferable vote, and voting is done by secret ballot.
Oath:
- As per Article 69, the Vice-President must take an oath or affirmation before the President or his appointed representative before assuming office.
Tenure:
- As per Article 67 of the Constitution of India, the term of office of the Vice-President is five years from the date on which he enters upon his office.
- The post of Vice President is the second highest constitutional post and remains in office till his successor assumes office.
Removal from office:
- “According to Article 67 (b), the Vice President can be removed from office if” “all the then members of the Rajya Sabha” pass a resolution by an effective majority to which the Lok Sabha has to” “assent” “and give a notice of at least 14 days before moving the motion.”
- At the expiration of the period of 14 days, the Rajya Sabha shall discuss the motion following the procedure laid down in Article 67 (b).
- There is no evidence that this proposal can be considered in the next session.
- Article 92 of the Constitution clearly prohibits the Speaker or the Deputy Speaker from presiding over the House while a motion for their removal is under consideration.
Powers and Functions:
- If the quorum is not met, the Chairman of the Rajya Sabha may adjourn the proceedings of the House or adjourn its sitting.
- The 10th Schedule of the Constitution empowers the Chairman to decide on the disqualification of a Rajya Sabha member in connection with defection.
- The approval of the Chairman is required to raise the question of breach of privilege in the House.
- Parliamentary Committees (whether constituted by the Chairman or by the House) work under the guidance of the Chairman.
- The Chairman appoints the members of various standing committees and departmental parliamentary committees. He also chairs the Business Advisory Committee, Rules Committee and General Purposes Committee.
- The Chairman is responsible for interpreting the Constitution and rules relating to the House and no one can dispute the interpretation of the Chairman.
Note:
- The original Constitution provided that the Vice-President would be elected by a joint sitting of both Houses of Parliament.
- This cumbersome process was abolished by the 11th Constitutional Amendment Act, 1961.
Differences between the Vice Presidents of India and the United States:
India:
- The term of office is five years and is eligible for re-election.
- He serves as the Chairman of the Rajya Sabha.
- Assumes the office of President in the event of a vacancy caused by the resignation, impeachment or death of the President.
- Serves as acting president until the new president takes office.
America:
- The term of office is four years and is eligible for re-election.
- Acts as President of the Senate, but only votes in the event of a tie.
- When the office of President becomes vacant, he assumes the office of President and remains President for the remainder of his term.
