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Polity & Governance
Mahesh

11/12/24 08:29 AM IST

No-confidence motion

In News
  • The Opposition gave notice for a motion of no-confidence against Rajya Sabha chairperson Jagdeep Dhankhar.
Article 64
  • Under Article 64 of the Constitution of India, the Vice President “shall be ex officio Chairman of the Council of the States”.
  • Since the Vice President and Rajya Sabha chairperson must be the same individual, the process for their removal is also the same – and is laid down under Article 67.
  • Under this provision, the Vice President “shall hold office for a term of five years from the date on which he enters upon his office” unless the Vice President resigns before that by sending a letter to the President, or is removed from office.
  • The requirements for removing or impeaching the Vice President are provided under Article 67(b).
  • It states that the Vice President may be removed if a majority “all the then members of the Council (Rajya Sabha)” passes a resolution for his removal, which must then be “agreed to” by the House of the People (Lok Sabha).
  • Under this provision, “no resolution…shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution”.
Notice for Impeachment
  • Upon the expiry of the 14-day period, Rajya Sabha will take up the resolution for discussion. The procedure outlined in Article 67(b) will then follow.
  • In the present case, it is unclear if the resolution will be taken up by the House.
  • This is because the Winter Session of Parliament is scheduled to conclude on December 20, which is less than 14 days away.
  • There are no precedents to determine whether this same resolution can be considered in the next Session of the House.
  • In any case, given the arithmetic in Parliament, it is almost certain that the resolution will be defeated.
  • This is largely a symbolic move of protest by the Opposition that alleges the Vice President is unfair and partisan in the way he conducts the House.
Source- Indian Express

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