Vice President's Impeachment Process

Published On:

The Vice President of India, as the second-highest constitutional authority, derives powers from Articles 63 and 64 of the Indian Constitution. These articles outline the Vice President's responsibilities as the ex-officio Chairperson of the Rajya Sabha and their role in ensuring the smooth functioning of the parliamentary system. A recent political development has brought attention to the process of impeachment or no-confidence motions against the Vice President, raising questions about the constitutional provisions governing such procedures.

Constitutional Provisions for the Vice President's Removal

The Constitution provides specific guidelines for removing the Vice President, emphasizing procedural fairness and legislative approval. The process is governed by Article 67(b), which states that a resolution for the Vice President's removal can only be initiated if the following conditions are met:

1. A resolution must first be passed by a majority of the members of the Rajya Sabha.
2. This resolution must then be agreed upon by the Lok Sabha.
3. The resolution cannot be discussed unless a 14-day prior notice has been given, ensuring adequate time for deliberation.

The Vice President serves a term of five years from the date of taking office but can resign mid-term or be removed through the outlined procedure.

Process for Initiating the Removal

For initiating a resolution to remove the Vice President:

• A notice must be submitted by the members of the Rajya Sabha.
• After the 14-day notice period, the resolution is eligible for discussion.
• A simple majority is required in both Houses of Parliament to approve the resolution for removal.

It is noteworthy that procedural delays, including the proroguing of sessions, do not invalidate a pending resolution. The resolution remains active and can be taken up in the subsequent session of Parliament.

Implications of a No-Confidence Motion

A no-confidence motion or impeachment resolution against the Vice President is rare and holds significant constitutional and political implications. While the motion may symbolize dissent or highlight grievances against the Vice President's conduct, its success is contingent on meeting legislative requirements, such as majority approval in both Houses. In instances where the opposition lacks sufficient numbers, such motions may fail to achieve their intended outcome.

Role of the Vice President During the Motion

The Constitution explicitly bars the Vice President, as the Chairperson of the Rajya Sabha, from presiding over sessions where their removal is under consideration. However, the Vice President retains the right to speak and participate in such discussions but cannot vote on the resolution. This provision ensures impartiality and prevents conflict of interest during the removal process.

Challenges in Implementing the Motion

Practical challenges in implementing such motions include:

1. Majority Requirement: Securing a simple majority in both Houses is a significant hurdle for the opposition.
2. Symbolic Nature: In many cases, such motions are seen as symbolic gestures to express discontent rather than actual attempts at removal.
3. Prolonged Proceedings: Delays due to procedural requirements, such as the 14-day notice period and proroguing of sessions, further complicate the process.