Removal of Vice President: Recently, the Opposition parties have decided to submit a notice (under Article 67(b)) to move a motion of no-confidence against the Vice-President, who also serves as the Chairman of the Rajya Sabha.
The motion of no-confidence with respect to the Rajya Sabha is an informal term and is not mentioned in the Constitution.
No-Confidence Motion
A No-Confidence Motion is introduced in the Lok Sabha (and not in the Rajya Sabha) to assess the government’s support.
It requires backing from 50 members to be considered and if passed, the government must resign.
These motions are crucial political events, typically arising when the government is perceived to be losing majority support.
What are the Constitutional Provisions Regarding the Vice President?
Vice President:
Article 63 of the Constitution of India states that there shall be a Vice-President of India.
Article 64 states that the Vice President also serves as the ex-officio Chairperson of the Rajya Sabha and cannot hold any other office of profit.
Resignation from the office requires submitting a letter to the President of India, effective upon acceptance.
Qualification for the Office: Article 66 specifies the qualifications required for a person to be eligible for the office of Vice President.
- Must be an Indian citizen.
- Must be at least 35 years old.
- Must be eligible for election as a member of the Rajya Sabha.
- Must not hold any office of profit under the Union or state governments, local authorities, or any other public authorities.
Election:
Vacancy: Article 68 of the Constitution mandates that the election to fill the Vice President’s vacancy due to term expiration must be completed before the current term ends.
Article 324 of the Constitution, grants the Election Commission of India the authority to oversee, direct, and control the election process for the Vice President.
Participants: Article 66 states that the Vice President is elected by an Electoral College, which consists of elected and nominated members from both Houses of Parliament.
The election follows a system of proportional representation using a single transferable vote, and the voting is conducted by secret ballot.
Oath:
According to Article 69, the Vice President must take an oath or affirmation before the President, or an appointed representative, before assuming office.
Term of the Office:
Article 67 of the Constitution of India states that the Vice President serves a five-year term from the date they assume office.
The Vice President holds the second highest constitutional position and will remain in office beyond this term until their successor takes over.
Process of Removal of Vice President:
Article 67(b) states that the Vice President may be removed if an effective majority of “all the then members of Rajya Sabha” passes a resolution for his removal, which must then be “agreed to” by the Lok Sabha, with at least 14 days’ notice given before moving the resolution.
Upon the expiry of the 14 days, the Rajya Sabha will take up the resolution for discussion, following the procedure outlined in Article 67(b).
There are no precedents to indicate if the resolution can be considered in the next session.
Article 92 of the Constitution explicitly bars the Chairman or Deputy Chairman from presiding over proceedings while a resolution for their removal is under consideration.
Consider the following statements about the qualifications required for the Vice President of India:
- The candidate must be at least 35 years old.
- The candidate must be eligible for election as a member of the Lok Sabha.
- The candidate must not hold any office of profit under the Union or state governments.
Which of the statements given above is/are NOT correct?
A) 1 and 2 only
B) 2 only
C) 2 and 3 only
D) None of the above
Consider the following statements regarding the removal process of the Vice President of India:
- A resolution for removal must be passed by an effective majority of “all the then members” of the Rajya Sabha.
- The resolution must be agreed to by a simple majority in the Lok Sabha.
- The Chairman can preside over the proceedings when the resolution for their removal is under consideration.
Which of the statements given above is/are correct?
A) 1 and 2 only
B) 2 and 3 only
C) 1 and 3 only
D) 1 only
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