Impeachment of the Vice President

Why in News?

Opposition parties have recently decided to send a notice for a motion of impeachment or no-confidence against Vice President Jagdeep Dhankhar. According to the Constitution, the Vice President can be removed if the Rajya Sabha passes a resolution, and the Lok Sabha agrees. A 14-day notice is required before moving the resolution.

What is the Impeachment of the Vice President?

The impeachment of the Vice President of India refers to the process of removing the Vice President from office before the end of their term. This process is specified in Article 67(B) of the Indian Constitution. Unlike the impeachment of the President, which is a formal and detailed judicial procedure, the impeachment of the Vice President is a simpler parliamentary process.

Complete Process of Impeachment of the Vice President :

• Initiation of the Motion
  • The impeachment process starts with the introduction of a motion (proposal) in the Rajya Sabha (Council of States), which is the upper house of Parliament.
  • The motion can be introduced by any member of Rajya Sabha, typically with the support of opposition parties.
• Notice Period: Before the motion is introduced in the Rajya Sabha, the Vice President must be given a 14-day notice informing them of the motion to remove them from office.
• Approval in Rajya Sabha: For the motion to move forward, it must first be approved by an effective majority in the Rajya Sabha. An effective majority means more than 50% of the total members of the Rajya Sabha.
• Approval in Lok Sabha: Once the motion passes in the Rajya Sabha, it is sent to the Lok Sabha. For the motion to succeed here, it requires a simple majority.
• No Judicial Involvement: The impeachment procedure does not involve any judicial action or review. It is handled entirely within Parliament.
• Final Decision: If both the Rajya Sabha and Lok Sabha approve the motion, the Vice President is removed from office. The President and judiciary are not involved in this process, as it is strictly a parliamentary matter.

Motive Behind the Impeachment Process

• Accountability and Integrity: The process of impeachment ensures that the Vice President can be held accountable for any misconduct, incompetence, or actions that may undermine the credibility of the office.
• Political Mechanism: The impeachment process serves as a political tool to remove a Vice President if they fail to perform their duties impartially or engage in actions that are considered damaging to the office’s reputation.
• Constitutional Safeguard: It acts as a safeguard to ensure that the second-highest constitutional authority is not misusing their power or failing to uphold the Constitution.

Constitutional Provisions Related to the Vice President:

• Position in the Constitution:
  • The position of the Vice President is described in Part V, Chapter I of the Indian Constitution, which deals with the executive branch of the government.
  • This position is the second-highest position in the Indian Constitution.
• Article 63-73 of the Indian Constitution governs the office of the Vice President.

Election of the Vice President:

• • Indirect Election: The Vice President is not elected directly by the public. Instead, they are elected by an electoral college consisting of members from both Lok Sabha (House of the People) and Rajya Sabha (Council of States).
  • Voting System:
    • The single transferable vote (STV) method. [The Single Transferable Vote (STV) is a voting system used for electing multiple representatives in a constituency. It allows voters to rank candidates in order of preference rather than choosing just one.]
    • Voting is done through a secret ballot, and members vote indirectly.

• Nomination Process: To stand for election, the candidate must be nominated by at least 20 proposers and 20 seconders from among the members of Parliament.
• Election Authority: The Election Commission of India is responsible for conducting the Vice President election.
• Eligibility Criteria:
  • The candidate must be an Indian citizen.
  • Age at least 35 years.
  • The candidate should be eligible for election as a Rajya Sabha member.
  • They must not hold any office of profit under the government of India, a state government, or any local authority.
• Tenure and Removal:
  • Holds the office for a term of five years. 
  • They can remain in office beyond the completion of their term until a successor takes office.
  • The Vice President can also resign by writing a letter to the President of India.

• Swearing-In and Oath of Office:

  • The Vice President must take an oath of office, swearing to uphold the Constitution of India and discharge their duties with honesty and integrity.

  • The oath is administered by the President of India or any person authorized by them.

Powers and Functions of the Vice President:

• Chairman of Rajya Sabha: The Vice President serves as the Chairman of the Rajya Sabha, with powers and responsibilities similar to the Speaker of the Lok Sabha. These include:
  • Presiding over debates 
  • Maintaining order in the House.
  • Casting vote in case of a tie.
  • Deciding the admissibility of motions and questions.
• Acting President: The Vice President assumes the role of the acting President in the absence of the President.
• Additional Responsibilities:
  • The Vice President does not perform any executive functions independently, but in the role of the Chairman of Rajya Sabha, they have significant influence over legislative proceedings.
  • As the acting President, he/she will be responsible for duties and powers of the President.

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