How Does A No-Confidence Motion Work Against The Vice President? Rules & Constitutional Provisions

Bringing a no-confidence motion against the Vice President requires meticulous planning, majority support, and adherence to specific rules.

Vice President and Rajya Sabha Chairman Jagdeep Dhankhar upon his arrival to conduct proceedings in the House during the Winter session of Parliament, in New Delhi, Monday, Dec. 9, 2024.

Source : PTI

The Opposition, comprising members of the I.N.D.I.A bloc, is reportedly mulling a no-confidence motion against Rajya Sabha Chairman Jagdeep Dhankhar. The move comes as some of the opposition parties have expressed dissatisfaction with how the upper house of Parliament is being managed by the Vice President. The opposition has alleged that the Rajya Sabha Chairman Dhankhar has shown preferential treatment to the treasury benches, sidelining their demands. However, consensus within the Opposition on this action is yet to be reached.  

Let us explore the constitutional provisions and procedural steps required to bring a no-confidence motion against the Vice President of India.  

Vice President’s Role As Rajya Sabha Chairman  

Ex-Officio Position: The Vice President of India is the ex-officio Chairman of the Rajya Sabha, tasked with presiding over its sessions and ensuring order in the proceedings.

Tenure: The Vice President serves a term of five years but can be re-elected.

Constitutional Removal Procedure: As per Article 67(b) of the Indian Constitution, the Vice President can be removed from office by a resolution passed by the Rajya Sabha, and agreed to by the Lok Sabha.  

Removal Process of the Vice President  

1. Constitutional Provisions

• Article 67(b): This article governs the removal of the Vice President. It requires a resolution by the Rajya Sabha passed with a majority of all its members and subsequently agreed to by the Lok Sabha.
• Grounds for Removal: The Constitution does not specify particular grounds for removal, leaving it to the discretion of the members of Parliament.  

2. Notice Period

• A 14-day notice must be given before moving the resolution for removal.
• The notice must clearly state the intention to initiate the resolution and outline the reasons for it.  

3. Voting Requirements

• The resolution must be passed by a majority of the total members of the Rajya Sabha.
• It must then be agreed to by a simple majority in the Lok Sabha for the motion to succeed.  

Challenges In Moving A No-Confidence Motion Against Vice President  

1. Consensus Among Opposition Parties: Not all members of the opposition bloc have agreed to the motion, which could weaken the effort.

2. Majority Requirement: Securing a majority in both houses of Parliament is crucial, making the success of such a motion challenging unless there is significant cross-party support.

3. Implications for Parliamentary Functioning: A no-confidence motion could further polarize the functioning of Parliament, impacting legislative proceedings.