Source: The Indian Express 

Introduction 

In the intricate landscape of India's parliamentary democracy, a rare and significant event has unfolded. The Opposition has taken an unprecedented step by moving a no-confidence motion against the Rajya Sabha Chairperson, who is simultaneously the Vice President of India. This action not only challenges the constitutional mechanisms of parliamentary oversight but also highlights the complex interplay of political dynamics and constitutional provisions.  

What is the Current Controversary Based on Removal of Vice President? 

• The opposition has filed the first-ever no-confidence motion against Rajya Sabha Chairperson. 
• The motion was filed on 10th December 2024. 
• Previous consideration during Budget Session was not pursued. 

What are the Constitutional Provisions Related to Removal of Vice President? 

• Removal of Vice President (Article 67) 
  • The Vice President holds office for a five-year term 
  • Can be removed through a specific constitutional procedure 
  • Removal requires two-step process involving Rajya Sabha and Lok Sabha 
• Removal Process 
  • A resolution must be passed by a majority of all members of Rajya Sabha 
  • The resolution must then be "agreed to" by Lok Sabha 
  • At least 14 days' notice is required before moving the resolution 

What are the Challenges to Motion? 

• Winter Session of Parliament concludes on 20th  December 2024.  
• Less than 14 days remain, creating procedural uncertainty. 
• Motion is likely to be defeated due to current parliamentary arithmetic. 

What is Historical Context and the Constitutional Debate? 

• Constituent Assembly Discussions 
  • H V Kamath raised concerns about vague language in Article 67 of the Constitution. 
  • Proposed clearer language for resolution agreement. 
  • Dr. B R Ambedkar clarified removal procedures of the Vice President. 
• Unique Aspects 
  • Different removal procedure compared to Presidential impeachment. 
  • Vice President's role primarily as Rajya Sabha Chairman. 
  • The removal process is similar to removing the Speaker of Lok Sabha. 

What are the Key Observations? 

• No Vice President has ever been removed through this process. 
• Motion appears to be a symbolic protest by the Opposition. 
• Alleging partisanship in conducting Rajya Sabha proceedings. 

What are Procedural Uncertainties? 

• Unclear if current resolution can be carried forward to next session. 
• No clear precedent for handling such a motion. 
• Timing constraints may impact motion's progression. 

Conclusion

The no-confidence motion against the Rajya Sabha Chairperson emerges as a potent symbol of political contestation yet is unlikely to succeed given the existing parliamentary arithmetic. While the motion may be more symbolic than substantive, it illuminates the nuanced constitutional framework that governs the removal of high constitutional functionaries in India.