Resolution To Remove Vice President Can Be Taken Up In Next Session: Constitutional Expert

The opposition moved the resolution on Tuesday against the Vice President and House Chairman Jagdeep Dhankar accusing him being partisan. Report ETV Bharat’s Gautam Debroy.

New Delhi:The resolution to remove Vice President Jagdeep Dhankar from his chair can be taken up in the next session of the Parliament, said former Lok Sabha Secretary General PDT Achary.

“No impeachment motion can be moved against the Vice President. In fact, the opposition parties have only moved a resolution against the vice president, which can be taken up either by a special sitting of the House or continue in the next session,” Achary told ETV Bharat.

The resolution has been signed by 70 Rajya Sabha MPs from parties including Congress, the Rashtriya Janata Dal (RJD), the Trinamool Congress (TMC), the Communist Party of India (CPI), the Communist Party of India-Marxist (CPI-M), the Jharkhand Mukti Morcha (JMM), the Aam Aadmi Party (AAP), and the Dravida Munnetra Kazhagam (DMK).

“This is not an impeachment motion. The Vice President can’t be impeached. This is a resolution brought by the opposition against the vice president to remove him. It’s a simple resolution. Now a notice has been given with a time limit of 14 days to move it,” said Achary.

He reiterated that a notice can’t be taken up before the completion of 14 days of notice period.

“After the completion of the notice period, the issue can be taken up at any date. Either there should be a special sitting, or it will be forwarded to the next session, following the fact that the resolution does not lapse as it’s a constitutional resolution, as provided in the Constitution,” said Achary.

Achary further said that the resolution will be futile if the opposition doesn’t have a majority in the House. As per the current equation, in the 245-member Rajya Sabha, the BJP and its allies have around 125 seats, while the opposition has the support of around 112 MPs.

According to Acharya, impeachments can be moved only against the President, judges of the Supreme Court and High Court, as well as the Chief Election Commissioner.

Echoing the same view, senior Supreme Court lawyer and constitutional expert SP Singh said that the resolution may not work as there is no majority supporting the move.

“When such a resolution is moved, it requires strong reason to get the support. What is the fault of the Rajya Sabha Chairman?” said Singh.

The opposition MPs have accused Dhankhar of frequently interrupting speeches, particularly those of the Congress President and Leader of the Opposition, Mallikarjun Kharge. They have also accused Dhankar of denying adequate debate on “critical issues.”.

The opposition claimed that Dhankar had violated parliamentary norms and mentioned instances in the notice that Kharge’s microphone was turned off during his addresses.

The opposition (INDIA bloc) also pointed out instances where Dhankhar allegedly made personal remarks against members. They further alleged that the chairman displayed favouritism towards ruling party members during contentious debates.

Interestingly, the Lok Sabha also played its role in the matter of the removal of the chairman of the Upper House.

“Once the resolution is passed by the Rajya Sabha, it must then be approved by the Lok Sabha. The House of the People must pass the resolution with a simple majority of members present and voting. Only after both Houses of Parliament approve the resolution does the Chairman lose his position,” said Achary.

In the Lok Sabha, the BJP-led NDA has 293 seats, compared to the opposition’s 238.