Can a Vice President be Impeached?

Context: The Deputy Chairman of the Rajya Sabha has rejected the Opposition’s No-Confidence Motion against the present India’s Vice President and Rajya Sabha Chairman Jagdeep Dhankhar. The reasons for rejection included a wrong spelling of Mr. Dhankhar’s name in the notice.

Relevance of the Topic:Prelims: Key facts about the office of Vice President of India. 

Vice President

• The Vice-President of India is the second highest constitutional office in the country (after the President of India). This office is modeled on the lines after the American Vice-President. 
• He serves for a five-year term but can continue to be in office even after the expiry of the term until the successor assumes office. He is also eligible for re-election to that office for any number of terms.

Qualifications: 

• To be eligible for election as Vice-President, a person should fulfil the following qualifications:
  1. Citizen of India.
  2. Completed 35 years of age.
  3. Qualified for election as a member of the Rajya Sabha.
  4. Not hold any office of profit under the Union government or any state government or any local authority or any other public authority. 
• Note: The sitting President or Vice-President, the Governor of any state, a Minister (Union or any State) is not deemed to hold any office of profit, and hence can contest the election for the Vice-President. 

Powers and Functions of the Vice-President:

1. He acts as the ex-officio Chairman of Rajya Sabha. In this capacity, his powers and functions are similar to those of the Speaker of Lok Sabha. 
2. He acts as President when a vacancy occurs in the office of the President due to his resignation, impeachment, death or otherwise.
   • He can act as President only for a maximum period of 6 months within which a new President has to be elected.
   • While discharging the functions of President, the Vice-President does not perform the duties of the office of the chairman of Rajya Sabha. 
   • During this period, those duties are performed by the Deputy Chairman of Rajya Sabha.

Removal of Vice-President: 

• Article 67: The Vice-President holds office for a term of five years.
• He can resign from his office at any time by addressing the resignation letter to the President. 
• He can also be removed from the office before the completion of his term.
  • A formal impeachment is not required for the removal of the Vice President. 
• He can be removed by a resolution passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha.
  • This means that this resolution should be passed in the Rajya Sabha by an effective majority and in the Lok Sabha by a simple majority. 
  • This resolution can be introduced only in the Rajya Sabha and not in the Lok Sabha.
  • No such resolution can be moved unless at least 14 days' advance notice has been given. Notably, no ground has been mentioned in the Constitution for his/her removal.

• Article 92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration in the Rajya Sabha.
  • The Chairman shall have the right to speak and take part in the proceedings of Rajya Sabha while such a resolution is under consideration. 
  • He shall not be entitled to vote at all on such resolution or on any other matter during such proceedings.

About Deputy Chairman of Rajya Sabha:

• The Deputy Chairman is elected by the Rajya Sabha itself from amongst its members. Whenever the office of the Deputy Chairman falls vacant, the Rajya Sabha elects another member to fill the vacancy.

The Deputy Chairman vacates his office in any of the following three cases:

1. if he ceases to be a member of the Rajya Sabha 
2. if he resigns by writing to the Chairman; and 
3. if he is removed by a resolution passed by a majority of all the then members of the Rajya Sabha (i.e., an effective majority). Such a resolution can be moved only after giving 14 days' advance notice.

• The Deputy Chairman performs the duties of the Chairman's office when it is vacant or when the Vice-President acts as President or discharges the functions of the President. 
• He also acts as the Chairman when the latter is absent from the sitting of the House.
• The Deputy Chairman is not subordinate to the Chairman. He is directly responsible to the Rajya Sabha. 
• Like the Chairman, the Deputy Chairman, while presiding over the House, cannot vote in the first instance; he can only exercise a casting vote in the case of a tie. 
• When a resolution for the removal of the Deputy Chairman is under consideration of the House, he cannot preside over a sitting of the House, though he may be present. 
• When the Chairman presides over the House, the Deputy Chairman is like any other ordinary member of the House. He can speak in the House, participate in its proceedings and vote on any question before the House.
• Like the Chairman, the Deputy Chairman is also entitled to a regular salary and allowance. They are fixed by Parliament and are charged on the Consolidated Fund of India.