Will the no-confidence motion against Rajya Sabha Chairman Jagdeep Dhankhar be accepted? What message did this unprecedented move by the Opposition send to the posterity because the INDIA bloc has no number to get the motion approved even if it is accepted? What are the provisions for the removal of the RS Chairman?
What Does Indian Constitution Say?
According to Article 183, Constitution of India 1950, the Chairman of the Rajya Sabha can be removed from his office if a resolution of the Council is passed by a majority of all the then members present and voting.
It also states that no resolution to remove the Rajya Sabha Chairman shall be moved unless at least fourteen days’ notice has been served.
The Constitution also provides that the motion for the removal can be introduced only in the Rajya Sabha and not in the Lok Sabha.
It has been said that the motion should be passed in the Rajya Sabha by a majority. It should be agreed to by Lok Sabha by a simple majority.
Also Read: No-Confidence Motion Against Jagdeep Dhankhar: Strategic Move Or Political Showdown?
Article 91 states that while a motion for the removal of the Chairman of the Council of States (Rajya Sabha) is under consideration, he may be present, but he shall neither preside over such meetings nor vote on the motion.
However, he can participate in the debate to put forward his opinions.
The Constitution also has the provision that the Chairman of Rajya Sabha can resign from his office at any time by resigning as the Vice President.
Similarly, the Vice President can resign from his office at any time by sending his resignation letter to the President.
According to the Constitution, the notice for the motion and the motion for the removal of the Rajya Sabha Chairman can be sent to the Deputy Chairman of the House.
Will Deputy Chairman Accept Notice?
In the present case, the notice for the removal of Jagdeep Dhankhar has been sent to Deputy Chairman Harivansh. The winter session ends on December 20. As the notice for the removal of the Rajya Sabha Chairman should be sent 14 days before the motion is moved, the notice fails to fulfill this condition.
However, the legal experts believe, the motion may be moved in the next session of the Parliament, even after serving the notice now. So, the present notice may stand and the Opposition may send the notice when the next session convenes.
How Did Notice For Removal Of Harivansh Fail?
Will Harivansh accept the notice? Earlier on September 22, 2020, then Rajya Sabha Chairman M Venkaiah Naidu rejected the notice for the removal of Deputy Chairman Harivansh on the ground that the proper procedure was not followed.
While serving the notice for the removal of Harivansh, the Opposition said, “The Deputy Chairman has violated all the canons of law, procedure, parliamentary procedures, practices and fair play.”
The notice said further, “Today, the Deputy Chairman did not allow points of order to be raised, did not allow large numbers of members of Rajya Sabha from diverse political parties opposing the anti-farmer Bill…even to speak.”
The opposition parties have said that there are precedents for moving the resolutions for the removal of Lok Sabha Speakers. It is said that the resolutions were moved against the first Lok Sabha Speaker, G V Mavalankar, in 1951, Speaker Sardar Hukam Singh in 1966, and Speaker Balram Jakhar in 1987.
These resolutions were discussed in the house and negated.
Unprecedented Move
There is no precedent for the removal of the Chairman of the Rajya Sabha. The move by the opposition alliance of INDIA is the first such move. Political experts believe the motion is set to fall as the INDIA bloc has no majority in the house. The ruling alliance of the NDA enjoys a majority with 125 members in the house of 245 seats. The INDIA bloc has only 88 members.
However, Congress may send a message to the posterity that the Chairman of the Upper House should work without a bias.
Message For Posterity
The INDIA bloc has said in its notice that Jagdeep Dhankhar has “repeatedly interrupted members of the Opposition while they are speaking, unfairly used privilege motions to silence leaders of the Opposition, and openly delegitimised dissent concerning the actions of the government in the utmost disparaging manner.”
They have pointed out in the notice that the Rajya Sabha Chairman “repeatedly denied legitimate requests of the Leader of the Opposition in the Rajya Sabha to intervene and rebut falsehoods propagated by the Prime Minister and the Leader of the House”.
The Opposition bloc of INDIA has set the ball rolling by taking this unprecedented move. Now, it is up to Harivansh to make a decision. The Deputy Chairman has been accused of being biased while running the house when the three farm bills were introduced to the Rajya Sabha in 2020.
Will he rise to the occasion and accept the notice? The journalist-turned-politician, known for his strong and acclaimed journalistic career needs to prove his mettle and ethics.
