Context: Nearly 60 Opposition MPs of the INDIA bloc have submitted a notice at the office of the Rajya Sabha Secretary-General, P.C. Mody, seeking the removal of the Chairperson of the Upper House, Vice-President Jagdeep Dhankhar.
Relevance: Prelims- Key facts about the office, role, duties, removal process of the Vice President.
About the office of Vice President:
- The Vice-President occupies the second highest office in the country. He/she is accorded a rank next to the President in the official warrant of precedence.
- His office is modeled on the lines after the American Vice-President.
Qualifications:
To be eligible for election as Vice-President, a person should fulfil the following qualifications:
- He/she should be a citizen of India.
- He/ she should have completed 35 years of age.
- He/ she should be qualified for election as a member of the Rajya Sabha.
- He/she should not hold any office of profit under the Union government or any state government or any local authority or any other public authority.
- It is to be noted that a sitting President or Vice-President of the Union, the governor of any state and a minister for the Union or any state is not deemed to hold any office of profit and hence qualified for being a candidate for Vice-President.
- Further, the nomination of a candidate for election to the office of Vice-President must be subscribed by at least 20 electors as proposers and 20 electors as seconders. Every candidate has to make a security deposit of Rs 15,000 in the Reserve Bank of India.
Powers and Functions:
- The functions of the Vice-President are two-fold:
- He/she acts as the ex-officio Chairman of Rajya Sabha. In this capacity, his/her powers and functions are similar to those of the Speaker of Lok Sabha. In this respect, he/she resembles the American vice-president, who also acts as the Chairman of the Senate-the Upper House of the American legislature.
- He/ she acts as President when a vacancy occurs in the office of the President due to his/her resignation, impeachment, death or otherwise. He/ she can act as President only for a maximum period of six months within which a new President has to be elected. Further, when the sitting President is unable to discharge his/her functions due to absence, illness or any other cause, the Vice-President discharges his/ her functions until the President resumes his/her office.
- While acting as President or 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. The Constitution has not fixed any emoluments for the Vice-President in that capacity. He/ she draws his/ her regular salary in his/ her capacity as the ex-officio Chairman of the Rajya Sabha. In 2018, the Parliament increased the salary of the Chairman of the Rajya Sabha from Rs. 1.25 lakh to Rs. 4 lakh per month.
- In addition, he/she is entitled to daily allowance, free furnished residence, medical, travel and other facilities. During any period when the Vice-President acts as President or discharges the functions of the President, he/ she is not entitled to the salary or allowance payable to the Chairman of Rajya Sabha, but the salary and allowance of the President.
Removal of Vice-President
Article 67 of the Constitution prescribes terms of office of the Vice President.
- Article 67:
- The Vice-President holds office for a term of five years from the date on which he/she enters upon his/ her office.
- Article 67(a): He/ she can resign from his/her office at any time by addressing the resignation letter to the President.
- He/she can also be removed from the office before completion of his/ her term.
- A formal impeachment is not required for his/her removal.
- Article 67(b): He/ she 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.
- Further, 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.
- The Vice-President can hold office beyond his/her term of five years until his/ her successor assumes charge. He/she is also eligible for reelection to that office. He/she may be elected for any number of terms.
