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Removal Motion Against Rajya Sabha Chairman

Context:

The opposition has submitted a notice for bringing a resolution for the removal of the Vice-President (Rajya Sabha Chairman) from office.

. More on the News

  • The opposition accused the Vice-President of being “explicitly partisan” in conducting the proceedings of the House.
  • This is the first time a notice for bringing a motion to remove the Vice-President has been submitted.

The Vice-President of India

  • The Vice-President occupies the second highest office in the country, next to the President. 
  • He is elected by members of both the Houses of Parliament.
  • Under Article 64 of the Constitution, the Vice President is the ex officio Chairman of the Council of States (Rajya Sabha).

Removal of the Vice-President

According to Article 67(b) of the Constitution, “a Vice-President may be removed from his office by a resolution of the Council of State passed by a majority of all the then members of the Council and agreed to by the House of the People [Lok Sabha]”.

  • This entails an effective majority from the Rajya Sabha and a simple majority from the Lok Sabha. 

The Article also requires a 14-day notice period to be given, after which the Rajya Sabha will take up the resolution for discussion.

As per rules, the motion has to be approved by the Deputy Chairman before it can be taken up in the Rajya Sabha.

But there are no precedents to determine if the resolution will be considered in the next session of the House in case the current session ends before the expiry of the 14-day notice period, which is the case currently.

Types of Majorities in Parliament

Simple Majority

Absolute Majority

Effective Majority

Special Majority (Type 1)

Special Majority (Type 2)

A majority of the members of the House present and voting.

 

 

A majority of the total membership of the House, regardless of whether there are absentees or vacant seats.

A majority of the total membership of the House excluding the vacant seats.

A majority of the total membership of the House and a two-thirds majority of the members present and voting.

A two-thirds majority of the total membership of the House.

Used in passing of ordinary bills, money bills, adjournment motions, no-confidence motions, etc.

Used as part of determining Special majority in the House.

 

 

Used in the removal of the Chairman and Vice-Chairman of Rajya Sabha and the Speaker and Deputy Speaker of Lok Sabha.

Used in the Amendment of the Constitution (Article 368), in the removal of the Supreme Court and High Court judges.

Used in Impeachment of the President of India. Here, both Houses need to pass the motion with a special majority.

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