Removal Process of Vice President of India

Why in news?

The opposition INDIA bloc is mulling to move a potential 'Motion of No Confidence' against the Rajya Sabha chairman Jagdeep Dhankhar.

About the procedure

The removal of the Vice President of India is a constitutional procedure specified under Article 67(b) of the Indian Constitution. Below is a comprehensive explanation of the process:

Constitutional Provisions:

• Article 67(b): It provides the constitutional foundation for the removal process of the Vice President. This process is initiated if a motion of no confidence is moved in the Rajya Sabha.
• Initiating Body: The removal process can only be initiated in the Rajya Sabha (Council of States), the upper house of Parliament. The motion cannot be introduced in the Lok Sabha.
• Resolution Requirement: The motion for removal must be a resolution passed by a majority of all the then members of the Rajya Sabha. This ensures that it is not based merely on a majority of those present, but rather on the total membership of the house.
• Lok Sabha Agreement: Once the Rajya Sabha passes the resolution, it must also be approved by the Lok Sabha (House of the People). This requires a simple majority of the members present and voting in the Lok Sabha.
• Notice Period: A minimum of fourteen days' notice must be given before the resolution is moved. This provides time for discussion and deliberation before the motion is taken up for voting.
• Voting Process: Rajya Sabha: The resolution needs a majority of the effective strength of the house, which is defined as more than 50% of the total strength of the Rajya Sabha, not just those present.
• Lok Sabha: A simple majority (more than 50% of the members present and voting) is sufficient for agreeing to the motion.

Key Differences from Presidential Removal:

• Unlike the President's impeachment process, which requires a detailed inquiry and investigation, the Vice President's removal does not require a formal impeachment.
• There is no external body tasked with investigating the charges before moving forward with the removal.

Effect of Removal:

If the motion is passed by both Houses of Parliament, the removal takes effect immediately, with no appeal process available. This is a swift mechanism that does not provide room for contesting the decision.

Absence of Precedent:

No Vice President has ever been removed through this process till date, so there is no established precedent in Indian history for such a procedure.

Election of the Vice President of India

• The Vice President is elected indirectly by an electoral college comprising the elected members of both Houses of Parliament (Rajya Sabha and Lok Sabha).
• Method of Election:
  • The election uses proportional representation by single transferable vote (STV).
  • This ensures that the elected Vice President represents a broad cross-section of Parliament and avoids dominance by any single political group.