Explained: Why Venkaiah Naidu rejected no-confidence motion against Dy Chairman

In this piece, ETV Bharat's Deputy News Editor Krishnanand Tripathi explains what the Opposition did 'Constitutionally' wrong in their hurried bid to corner Rajya Sabha Deputy Chairman Harivansh Narayan Singh - moving a 'no-confidence motion' against him, whereas he could only be removed through a 'resolution'.

New Delhi: A stormy session of the Rajya Sabha was adjourned for an indefinite period on Wednesday afternoon following an unprecedented showdown between the ruling NDA and opposition parties over the conduct and misbehaviour with Deputy Chairman Harivansh Narayan Singh on Sunday.

While the Rajya Sabha Chairman suspended eight opposition MPs for unruly behaviour in the house, opposition parties also moved a no-confidence motion against Harivansh Narayan Singh, seeking his removal from the office.

Several opposition members raised voice against Venkaiah Naidu's decision to allow Deputy Chairman Harivansh Narayan Singh to preside over the proceedings of the house on Tuesday as the suspended MPs were still sitting on a demonstration inside the Parliament House Complex.

However, Rajya Sabha Chairman Venkaiah Naidu, who also holds the dual post of Vice President of India, quickly quelled the protesting voices by citing the Constitutional position and relevant rules.

"Chairman did the right thing in rejecting the motion, he cited the correct Constitutional position and rules in support of his decision," VK Agnihotri, former Secretary General of Rajya Sabha told ETV Bharat.

Wrong choice of word: Motion vs Resolution

In a bid to corner the Deputy Chairman, opposition parties moved a 'no-confidence motion' against Harivansh Narayan Singh whom they accused of not conducting the division of votes on two crucial agriculture related bills.

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However, in their hurry to corner him, the opposition parties chose a wrong word, which was highlighted by Venkaiah Naidu while rejecting their plea of Harivansh Narayan Singh's removal from the office.

"Opposition or any member has a right to move a motion, but if you go through the text, at the beginning, it says that it's a 'no-confidence motion," Venkaiah Naidu told the agitated opposition members who sought removal of Harivansh Narayan Singh from the post of Deputy Chairman of the Rajya Sabha.

Quoting the relevant text from Article 90 of the Constitution, which deals with vacation, resignation and removal of Deputy Chairman of the Rajya Sabha, Naidu said Deputy Chairman can only be removed from his office by a resolution passed by the Council of States and not through a motion.

"Notice is not in the order, because it says 'motion' and not 'resolution'," Naidu told the opposition members.

Clause C of Article 90, which deals with the vacation, resignation, and removal from the office of Deputy Chairman of the Rajya Sabha, says an occupant may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council.

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Naidu told the opposition members that he was not on a single technical point alone but even otherwise the motion moved by them was not acceptable.

Citing the proviso to Clause C of Article 90 of the Constitution, Naidu said there has to be a clear 14 days notice of the intention to move a no-confidence resolution against the Deputy Chairman.

"I received it just two-three days ago. There has to be a clear 14 days notice," Naidu told the Rajya Sabha.

Proviso to the Clause C of Article 90 says: "Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution."

"There is no 14 days notice. Any time (you can move it), if you have the numbers. After 14 days, we have to take up the resolution, if the resolution is in order," Naidu told the opposition.

Venkaiah rejects the Opposition's bid to corner Harivansh

Venkaiah Naidu also rejected the calls by some opposition members that Deputy Chairman Harivansh Narayan Singh should not be allowed to preside over the functioning of the Rajya Sabha as long as 'no-confidence motion' against him was pending.

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"View that during this period Deputy Chairman shall not preside over the house, that is also wrong. It is only when the motion has been accepted for consideration, that is the rule position," Naidu explained to the opposition benches that it was wrong for them to expect that Harivansh Narayan Singh will not preside the house following the notice to remove him from the office.

Rejecting the calls for action against Harivansh Narayan Singh, who was observing one day fast against the unruly behaviour by some opposition members, Venkaiah Naidu said Harivansh Narayan Singh handled the situation well.

"I must put it on record, the Deputy Chairman, he has handled the situation in a very deft manner and then if some people feel that either it is my way or highway then it's not the way. At least, I will not accept that."

"If you have the numbers, you should stay in your seat and ask for the division," Venkaiah told the opposition.

Following his ruling, Venkaiah Naidu called Harivansh Narayan Singh to preside over the functioning of the house that day.

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