In a historic first in India’s parliamentary history, the Opposition moved a notice for a no-confidence motion against Rajya Sabha Chairperson Jagdeep Dhankhar on December 10. This move, albeit symbolic, comes after a similar attempt during the Budget Session in August was abandoned.
While the motion grabs headlines, it is unlikely to pass, as the Opposition lacks the numbers in both Houses. The move is widely seen as a political statement aimed at highlighting grievances.
"As Chairperson, the manner in which the Shri Jagdeep Dhankar conducts parliamentary affairs of the Rajya Sabha is extremely partisan. It is a matter of record that…[he] has repeatedly interrupted members of the Opposition while they are speaking, unfairly used privilege motions to silence leaders of the opposition, and openly delegitimised dissent with respect to the actions of the Government in the utmost disparaging manner," the notice read.
So, what does it take to impeach Rajya Sabha chairman?
Under Article 64 of the Indian Constitution, the Vice President serves as the ex officio Chairperson of the Rajya Sabha, intertwining the two roles into a single office. This dual responsibility means the process for removing the Vice President also applies to the Rajya Sabha Chairperson, as outlined in Article 67.
The Vice President holds office for a five-year term but can leave earlier by resigning to the President or being removed under specific conditions. The mechanism for removal is detailed in Article 67(b), which provides a clear procedural framework.
To remove the Vice President, the Rajya Sabha must pass a resolution with a majority of its total members. This resolution must then gain approval from the Lok Sabha by a simple majority. Importantly, a 14-day notice is required before introducing such a resolution, ensuring due deliberation.
Constituent Assembly debate on Article 67
During Constituent Assembly debates, concerns were raised about the language of Article 67, pushing for amendments to clarify the process of removing the Vice President. Member of the Constituent Assembly HV Kamath criticised the phrasing of the Rajya Sabha resolution needing to be “agreed to” by the Lok Sabha and stated that it lacked a clear majority requirement.
Kamath proposed rephrasing it to “agreed to by a similar resolution”, emphasising the necessity for the Lok Sabha to pass the resolution by a majority.
Dr BR Ambedkar clarified that the Lok Sabha must pass the resolution by a simple majority—50% of members present and voting. However, Ambedkar explained that the phrasing differed because the Rajya Sabha’s requirement was stricter. The resolution in the Rajya Sabha must be passed by a majority of all members, not just those present and voting.
How are the numbers stacked in Parliament?
With the Winter Session of Parliament set to conclude on December 20, leaving less than 14 days for deliberation, the fate of the no-confidence motion against Rajya Sabha Chairperson Jagdeep Dhankhar hangs in balance. Whether this unprecedented resolution can carry over to the next session is uncertain, as parliamentary precedents offer no clear guidance.
Despite the dramatic nature of the motion, its defeat appears inevitable. The Opposition's INDIA bloc lacks the numbers to push it through. With 85 MPs in the Rajya Sabha—well short of the 116-vote halfway mark—the bloc's prospects are slim. Even with the additional backing of Independent MP Kapil Sibal, their total pales compared to the ruling NDA’s strength.
The BJP-led NDA, commanding 113 MPs, is further strengthened by six nominated members and two Independents, who typically side with the government. Thus, the motion is largely a symbolic gesture of dissent, aimed at shedding some light on the perceived bias in the Chairperson's conduct.
Discover the latest Business News, Sensex, and Nifty updates. Obtain Personal Finance insights, tax queries, and expert opinions on Moneycontrol or download the Moneycontrol App to stay updated!
