UPSC issue at a glance

What is the issue?

on Tuesday (December 10). The opposition party has filed a motion of no confidence Against Rajya Sabha Speaker Jagdeep Dhankhar. This is the first such act in Indian parliamentary history. Although the opposition made a similar proposal in the budget session in August, it was not followed on that occasion.

Why is this issue relevant?

The office of Vice President holds importance for UPSC CSE as it is an important constitutional position. Earlier, UPSC asked questions related to this constitutional post, so it is necessary to understand the political framework of India to understand the election process, powers, functions, and removal process of this post, and it can enhance preparation for politics-related subjects in both UPSC. Initial and main.

UPSC Syllabus:

Preliminary Examination: Indian Politics and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Main Examination: General Studies II: Parliament and State Legislatures – Structure, Functioning, Functioning, Powers and Privileges and problems arising out of them.

Question 1: What are the constitutional provisions regarding the office of Vice President of India?

The office of the Vice-President is a unique feature of India’s parliamentary system and has no parallel in other democratic countries, including the Commonwealth.

The second highest constitutional authority after the President, the Vice President exercises his powers Section 63 of the Constitution of India, which states that “there shall be a Vice President of India.” Section 64 The post confers the power to be “Ex-officio Chairman of the Rajya Parishad (Rajya Sabha)”. Thus, we see that the Vice President performs the duties of both the Vice President and the Speaker of the Rajya Sabha.

Moreover, according to Section 65, The vice president may act as president “until the office of president becomes vacant by the death, resignation, or removal of the president” or “until the date a new president enters . . . his office.” Some other constitutional provisions relating to the office of the Vice President are provided in the table below:

Question 2: How is the Vice President of India elected?

Article 66 of the Constitution of India lays down the procedure for the election of the Vice President. According to the proportional representation system, the election of the Vice President will be done by the members of the Electoral Council, which is made up of the members of both houses of the Parliament by a single transferable vote, and voting will be held in such an election. by secret ballot.”

According to Article 66(3), no person shall be eligible for election as Vice-President unless he— (a) is a citizen of India; (b) has completed the age of thirty-five years; and (c) is eligible for election as a member of the Council of State.”

Further, “A person shall not be eligible for election as Vice-President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of those Governments.” Article 66(4) says.

The candidacy for vice president requires the support of at least 20 MPs who must propose a candidate, plus another 20 MPs who must run for second candidacy. According to Article 66 (2), the Vice President cannot be a member of any House or State Legislature.

The election of the President is done by the Electoral College consisting of both Houses of Parliament (Parliament) and the MLAs of all the Provincial Assemblies (MLAs), while the election of the Vice President is done by MPs only through the proportional representation system. Single transferable vote. The voting process is done through secret ballot.

Term of Office of the Vice President

According to Article 67, the Vice President shall hold office for a term of five years “from the date of assuming office”. However, according to the same provision, the Vice President can remain in office “until the arrival of his successor” even after his term of office expires.

The Vice-President may resign mid-term by submitting a letter of resignation to the President and may be removed from office by a resolution of the Rajya Sabha passed by the majority of members at that time and agreed to by the People’s Assembly. (Lok Sabha).

Question 3: What are the powers and functions of the Vice President of India, especially as ex-officio Speaker of the Rajya Sabha?

“Though the constitution speaks of the vice president, he is actually the vice president Chairman of the Council of State (Rajya Sabha). In other words, as far as his work is concerned, he is only a counter-number to the Speaker of the People’s Assembly (Lok Sabha).” – B.R. Ambedkar

The Vice President is the second-highest constitutional office in India. Some of the powers and functions of the Vice President of India, particularly in his role as ex-officio Speaker of the Rajya Sabha, include:

1. Presiding Officer of Rajya Sabha: The Vice President serves as the ex-officio Speaker of the Rajya Sabha and presides over its meetings. It is the Speaker’s duty to ensure that the proceedings of the House are conducted in accordance with the relevant constitutional provisions, rules, customs and practices while maintaining the code of conduct.

2. Power to interpret the Constitution and Rules: The Speaker has the authority to interpret the Constitution and the rules relating to the Rajya Sabha. The president’s decisions serve as binding precedent. These decisions cannot be questioned or criticized. Opposing the Speaker’s decision is considered contempt of the House and the Speaker.

3. Voting by the Chairman: The Rajya Sabha Speaker is allowed to cast a casting vote only in case of a tie. However, if the proposal to remove the Speaker from office is under consideration in the meeting of the House, he should not preside over that meeting. In addition, he is not allowed to vote on motions or any other matter during those proceedings.

4. Power to prorogue the House or adjourn its session: If the quorum is not reached, the speaker has the power to adjourn the meeting of the House or adjourn the meeting.

5. Powers relating to disqualification of members of the House: According to the Tenth Schedule of the Constitution, it is the Speaker’s responsibility to decide whether a member of the Rajya Sabha should be disqualified or not. The President shall also establish rules to implement the provisions mentioned in the Schedule. Further, if any member is unable to communicate in Hindi or English, the Chairperson may allow them to speak in their mother tongue.

6. Role in Parliamentary Committees: The Vice-President nominates members to various parliamentary committees, appoints their chairpersons and directs them. Further, the Vice President appoints members of the Rajya Sabha to various bodies.

Question 4: What is the procedure for removing the Vice President of India?

Since the Vice President and the Speaker of the Rajya Sabha are supposed to be the same person, the procedure for removing them is the same – and is provided for under Article 67.

Article 67(b) provides for the removal of the Vice President. It states that the Vice President can be removed if a majority of “all members of the Council (Rajya Sabha)” pass a motion to remove him, which must be “concurred” by the People’s Assembly (Lok Sabha). ).

Under this provision “any motion unless at least fourteen days’ notice is given… after the expiry of 14 days, the Rajya Sabha shall take up the motion for discussion. The procedure laid down in Article 67(b) shall then be followed.”

Question 5: Is there any bias in moving a no-confidence motion against the Rajya Sabha Speaker?

There is no precedent for a no-confidence motion against Rajya Sabha Speaker but in 2020, the opposition moved a no-confidence motion against Rajya Sabha Deputy Speaker Harivansh.

notably, As it stands now, it is unclear whether the House will take up the proposal. Because the winter session of Parliament ends on December 20, less than 14 days are left. There are no precedents to determine whether the same motion can be considered in the next session of the House.

However, given the arithmetic of Parliament, the motion is almost certain to be defeated. The move is largely symbolic of protests by the opposition, who have accused the vice president of running the House as unfair and biased.

Read the post question

Prelims

(1) Consider the following statements: (UPSC CSE 2013)

1. The Speaker and Deputy Speaker of the Rajya Sabha are not members of that House.

2. Nominated members of the two houses of Parliament do not have the right to vote in the election of the President, but they do have the right to vote in the election of the Vice President.

Which of the above statements is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

(2) Consider the following statements regarding the Vice President of India:

1. The Vice President may resign his office in writing to the President.

2. The Vice President may be removed from office by a resolution of the People’s Assembly passed by a majority of all members.

3. A motion to remove the Vice President of India does not require prior notice.

How many of the above statements are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

(3) Consider the following statements regarding the removal of the Vice President:

1. Article 67 of the Constitution states that the Vice President can be removed from office on the proposal of a majority of members in the Rajya Sabha.

2. The Lok Sabha has no role in removing the Vice President.

3. Resolution moved with at least 30 days notice.

How many of the above statements are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

the main

Discuss the role of Vice President of India as Speaker of Rajya Sabha. (UPSC CSE 2022)

(source: The opposition party has brought a motion of no confidence against the RP chairman, The Vice President: Position, Provisions and Past, How is the Vice President of India elected?Constitution of India, sansad.in)

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