From a fiery left-of-centre Janata Dal activist to a centrist Congressman and finally, a right-wing Hindutva die-hard from BJP, Vice President (VP) of India Jagdeep Dhankar has had a truly chequered career. This week, he became the first person holding one of the top constitutional posts to face the prospect of impeachment as the Opposition submitted a notice to move a no-confidence motion against him. A no-confidence motion against the VP is not just unprecedented, it is no small matter. If introduced, it would require the support of a majority of all the members of the Rajya Sabha, and needs to be ratified by the Lok Sabha, according to Article 67(b) of the constitution.
While the motion is unlikely to be adopted, as opposition parties lack the numbers, the political messaging is clear- they are not being allowed to speak in the Rajya Sabha, by its Chairman and presiding officer VP Dhankar.
Here are the few instances which opposition is saying that the VP behaved in a partisan manner in the Rajya Sabha:
1 When wrestler Vinesh Phogat was disqualified from the Olympics 2024, the opposition leaders sought permission to discuss the matter, Dhankar rebuked them, later telling Rajya Sabha “ They (opposition) think they are the only ones whose hearts are bleeding. The entire nation is in pain because of Vinesh, but opposition want to monetize and politicize the same, which is greatest disrespect to the girl”.
My views- What could have been achieved by discussing her disqualification in the Rajya Sabha, knowing fully well the International Olympic Committee (IOC) had rejected her appeal.
2 In August 2023, opposition wanted that the VP should direct the PM Modi to be present in the house, and inform the house on the issue of violence in Manipur. The VP replied that he “could not and would not” direct PM to be present in the house as it was PM’s prerogative, like any other MP, to come too parliament.
My views- As per the protocol of the government the situation would become awkward if Chairperson of Rajya Sabha (VP) starts directing the PM to come to the house.
3 Relation between VP and opposition was spoiled in June 2023, when Congress Chief Mallikarjun Khadge entered the well of house during protest against paper leaks, with the Rajya sabha Chairperson pronounced that this the first time that a Leader of Opposition (LoP) has done such a thing, and called it a stain on the Parliament. Khadge said he was trying to grab the attention of the chairperson.
My views- It was wrong on the part of LoP to enter the well of house.
4 Again the relations hit a new low, when during winter session in 2023 146 MPs were suspended from both Houses of Parliament mostly over their demand for Home Minster Amit Shah’s statement on a Parliament security breach. It was highest ever suspension in a Parliament session.
My views- the opposition parties, most of the times, are behaving in un civilized manner in the house, and not allowing house to function.
5 In September, in an reference to Lok Sabha LoP, Dhankar without taking names said nothing was more condemnable than someone holding a Constitutional post becoming “part of enemies of the nation”. The VP was speaking at the Parliament to the third batch of the Rajya Sabha internship programme. He wa apparently referring to LoP’s recent visit to the USA, where he had said that “ love, respect, and humility were missing from Indian politics.
My views- It has become the common practice of LoP to speak against nation when interacting with overseas audience, and politicians.
Now what does the Article 67(b) say on this matter:
“ .. a VP may be removed from his/her office by a resolution of the Council of States passed by a majority of all the then member of the council and agreed by the House of the people, but no resolution for the purpose of this clause shall be moved unless at least 14 days’ notice has been given of the intention to move the resolution…’.
The first potential stumbling block for the opposition is the 14 days, which means that motion can not be discussed during this session of Parliament which is schedule to end on 20th December.
The opposition is aware of this, and the improbability of their motion being carried, but have insisted this is not about the numbers, that is about sending message to the ruling party. Hence this becomes a just symbolic move.
Even if the motion is somehow allowed to be voted on. Does the opposition have the numbers to carry its motion? In nutshell, NO. The Article 67(b) requires a simple majority of the Rajya Sabha MPs, presently the majority mark is 116 votes. The full opposition, for now has significantly fewer than 116 MPs on its side.
The opposition, including those not with INDI alliance have only 85 seats. Congress want to rope in YSRCP and BJD. Even with BJD and YSRCP the Congress can rope in 16 MPs more, but still they will be short of 116 mark.
For all practical purposes this no-confidence motion moved by opposition parties (INDI alliance) is going to fail.
Waiting for your feedback on this blog.
Anil Malik
Mumbai, India
12th December 2024