Opposition parties are considering passing a motion of no-confidence against Rajya Sabha Chairman Jagdeep Dhankhar following the chaotic end of the Parliamentary session, which was adjourned indefinitely on Friday (August 9) and was scheduled to end on Monday (August 12).
Relations between the Dhankhar and Hindu parties have culminated with information that both parties are considering moving a resolution to remove the Vice President from office, though the technical details of the move are unclear as Parliament is not in session.
The timing of the notice will be decided after discussions, the people said. The resolution may not pass because the opposition does not have the numbers to oust him, but it will be a statement that highlights the speaker’s “blatant and consistent partisan” stance, the people said.
Opposition sources said the motion to take action against Dhankhar had been signed by 87 lawmakers. Sources said that about two days ago, Lok Sabha Speaker JP Nadda had been informally informed that the Opposition was considering moving a motion to impeach the Vice President.
What are the concerns raised by the Opposition?
The opposition has expressed concern over the repeated switching off of the Leader of the Opposition’s microphone. They want Parliament to be run as per rules and conventions and personal remarks against lawmakers are unacceptable, sources said.
The previous day saw a heated exchange between the Dhankhar Party and the India Bloc Party, with the BJP accusing the Speaker of adopting a “partisan” attitude towards the entire opposition. Soon after the Opposition, led by Sonia Gandhi, walked out of the Rajya Sabha, the BJP held a press conference and alleged that the Speaker was not giving due importance to the Opposition in the Upper House.
The walkout came after Samajwadi Party MP Jaya Bachchan and Dhankhar had a heated exchange in the Upper House. “Major kala kar hoon, body language samajhoon, expression samajhoon… parsar, mujheemaaf kari ega magar aap ka toon jo hai is not acceptable. We are colleagues, you may as well be sitting in your chair,” she said.
Dhankar hit back, saying, “Jaya sir, you have achieved great fame. You know, an actor follows the instructions of the director. You are not seeing what I see from here. I don’t want schooling. I am an errant person. And you talk about my tone… Enough is enough.”
Nadda slammed the Opposition and demanded an apology from them. After leaving, Bachchan, accompanied by Sonia Gandhi and other opposition leaders, told reporters that she objected to the tone of the Speaker. “We are not schoolchildren. I was upset by the tone of the Speaker, especially when he stood up to speak, the microphone was switched off. How can this be? If what he says is not being heard in Parliament, then what are we doing? Besides, every time (they) use language which is not befitting Parliament,” she said.
What are the options available?
Indian National Congress leader Ajay Maken said the opposition parties felt the Speaker’s approach was partisan. “…Rajya Sabha is the House which sets the standard for other Houses. In that House, the Speaker cannot be seen as partisan. It is not just the Indian National Congress which feels that way. All the opposition parties feel that the Speaker’s actions are biased towards one side,” he said.
Mallikarjun Kharge, the Congress vice-president and Leader of the Opposition in the Rajya Sabha, is not allowed to speak and is frequently interrupted and his microphone is cut off frequently. “This is not a one-party issue. A couple of days ago, Ghanshyam Tiwari made some inappropriate, derogatory and unacceptable remarks against the Leader of the Opposition. We had issued a notice of privilege motion. We wanted to know the verdict but the verdict is yet to come. We want a written verdict,” he said.
“We have every option within what is legal and what is written in the rule book, what is written in the constitution, what is within the code of conduct, whatever the law may say. We cannot remain silent spectators while our democracy is being murdered,” Maken said.
How do I remove a Vice President?
The Vice President is the natural Speaker of the Rajya Sabha and occupies a vital position in our parliamentary system by observing the rules and conventions for the smooth running of the Upper House. The Vice President can be removed from the office of Speaker only if he is removed from the office of Vice President of India.
This can be done by a resolution passed by a majority of the members of the then State Legislative Assembly (Rajya Sabha) and with the concurrence of the House of People (Lok Sabha).A resolution for this purpose can be brought only after giving at least 14 days’ notice.
Article 67(b) of the Constitution states: “The Vice-President may be removed from office by a resolution of the Legislative Assembly of the State passed by a majority of all the members of the Legislative Assembly of the State (Rajya Sabha) then in power and with the concurrence of the House of People: Provided that no resolution for the purposes of this Article shall be brought unless at least fourteen days’ prior notice of the intention to bring the resolution has been given.”
The process is as follows:
A removal resolution can only be introduced in Rajya Sabha and not in Lok Sabha. The resolution can be introduced only after 14 days notice. The resolution has to be passed in Rajya Sabha by a ‘valid majority’ (a majority of the Rajya Sabha members then existing excluding vacancies) and approved by a ‘simple majority’ in Lok Sabha. The Speaker cannot preside over the House when the resolution is under consideration. The Speaker can be present, speak and take part in proceedings but cannot vote. Unlike the Speaker of Rajya Sabha, the Speaker of Lok Sabha can vote in the first instance when a removal resolution is under consideration but cannot vote in case of a tie.
(with PTI input)