The information given by the MPs of the opposition party of India on Tuesday Move a motion of no confidence against the Vice President Jagdeep Dhankhar seems to have made a symbolic statement rather than advancing any parliamentary process.
Since the opposition does not have the numbers, no result is likely, if the motion is brought in the House and the opposition’s grievances are debated, it will be difficult for Dhankhar to preside over those proceedings in the Rajya Sabha.
According to Article 92 of the Constitution, the President or the Deputy Speaker cannot preside while the motion to remove him from office is under consideration.
“At any meeting of the Council of State when a motion to remove the Vice-President from his office is pending, the Speaker or, when a motion to remove the Vice-President from his office is pending, the Deputy Speaker shall not preside, even if he is present, and the provisions of sub-section (2) of Article 91 shall apply to the Speaker or, as the case may be, the Deputy Speaker being absent. Accommodation is available.
However, it is also provided that the speaker has the right to speak and participate in the proceedings, but ‘cannot vote on any matter during such motion or such proceedings’.
But these provisions come into force only if Vice-Chairman Harivansh Singh approves the motion.
In 2020, the then Rajya Sabha Speaker M Venkaiah Naidu rejected a no-confidence motion against Deputy Speaker Harivansh as it should have been a motion and required 14 days’ notice.
In the present case, too, Parliament will end before the end of the 14-day notice period required to consider a motion for removal.
The winter session is scheduled to conclude on December 20. Article 67 of the Constitution requires 14 days’ notice to consider the proposal, which in the case of Dhankar will be on December 25.
Senior advocate Devdutt Kamat told The Indian Express that consideration of the motion may be taken to the next session. “The 14-day notice period does not expire when the session ends. It can be raised again when the next session of the Parliament is held,’ said Kamat.