Removing Rajya Sabha Chairman Dhankhar won't be a cakewalk. Here's why

The Opposition has submitted a notice for a no-confidence motion against Rajya Sabha Chairman Jagdeep Dhankhar. While no Vice-President has ever been removed from office, the Constitution outlines a rigorous process for the removal. Does the NDA have enough MPs to beat the Opposition move?

The Congress-led Opposition is attempting to unseat Vice-President and Rajya Sabha Chairman Jagdeep Dhankhar, accusing him of steering the House with a "partisan bias". After toying with the idea during the Monsoon Session in August, the Opposition MPs in the Rajya Sabha submitted a notice to move a motion of no-confidence against Dhankhar. However, it is easier said than done. The process of removing the Rajya Sabha Chairman is a tough ask, requiring not just a vote in the Upper House but also in the Lok Sabha.

The Vice President of India is the ex-officio Chairman of the Rajya Sabha. The removal of the Chairman would, in effect, result in the removal of the Vice President of India. Therefore, there are enough checks and balances to the process.

Given no occupant of the office has ever been removed, the question is, can Dhankhar be removed that easily? And what does the Indian Constitution say about it?

Before diving into it, let us have a look at some details of the notice the Opposition MPs in the Upper House have submitted.

70 RAJYA SABHA MPs SIGNED DHANKHAR REMOVAL NOTICE

The Congress-led camp's removal notice is said to have been supported and signed by 70 Opposition Rajya Sabha MPs.

These include members of the Congress, the Rashtriya Janata Dal (RJD), the Trinamool Congress (TMC), the Communist Party of India (CPI), the Communist Party of India-Marxist (CPI-M), the Jharkhand Mukti Morcha (JMM), the Aam Aadmi Party (AAP), and the Dravida Munnetra Kazhagam (DMK).

The Opposition MPs have accused Dhankhar of frequently interrupting speeches, particularly those of the Congress President and Leader of the Opposition Mallikarjun Kharge, and denying adequate debate on "critical issues". They claimed violations of parliamentary norms, including instances where Kharge's microphone was turned off during his addresses.

The INDIA bloc also pointed to instances where Dhankhar allegedly made personal remarks against members.

The Opposition Rajya Sabha MPs have also alleged that the Chairman displayed favouritism towards ruling party members during contentious debates.

Now that the notice has been submitted for the ouster of Rajya Sabha Chairman Jagdeep Dhankhar. When can the motion be moved, and what does it require?

PROVISIONS IN CONSTITUTION TO REMOVE RAJYA SABHA CHAIRMAN

The process for the removal of the Vice President, which is different from the President's impeachment (Article 61), is detailed and involves specific steps under Articles 67(b), 92 and 100 of the Indian Constitution.

The resolution to remove the Chairman has to be introduced in the Rajya Sabha, and requires at least 14 days of notice before it is moved. So, on Tuesday, a notice was submitted, and the motion to remove the Rajya Sabha Chairman can be tabled only after 14 days.

The motion, after being tabled, requires the support of an absolute majority (more than half of the total votes) of the total membership of the Rajya Sabha and not just a majority of the MPs present and voting.

Just not the Rajya Sabha, the Lok Sabha also has a say in the matter of the removal of the Chairman of the Upper House.

Once the resolution is passed by the Rajya Sabha, it must then be approved by the Lok Sabha. The House of the People must pass the resolution with a simple majority of members present and voting.

Only after both Houses of Parliament approve the resolution does the Chairman lose his position.

Thus, the Vice President retains his office until the entire removal process, involving both Houses of Parliament, is completed. And, as soon as the motion to remove the Rajya Sabha Chairman passes in both houses of the Parliament, he loses the post and also that of the Vice President of India.

The long and rigid process ensures a high threshold for removal, maintaining the stability and integrity of the high-office.

HOW DO THE NUMBERS STACK UP FOR OR AGAINST RAJYA SABHA CHAIRMAN?

As Union Parliamentary Affairs Minister Kiren Rijiju asserted on Tuesday that the BJP-led National Democratic Alliance (NDA) has a majority in the Upper House, the numbers show that too.

According to the current standings in the 245-member Rajya Sabha, the BJP and its allies have around 125 seats, while the Opposition has the support of around 112 MPs.

In this scenario, passing the motion to remove Rajya Sabha Chairman Jagdeep Dhankhar is an uphill battle. Even if it manages to pass in the Upper House, the Lok Sabha presents an entirely different challenge, and the numbers again make it clear.

In the Lok Sabha, the ruling NDA has 293 seats, compared to the Opposition's 238. With such lopsided arithmetic, the motion's success seems highly improbable.

So, it seems the Opposition's move is more of a symbolic move than one that might actually trouble Rajya Sabha Chairman Jagdeep Dhankhar or the ruling BJP-led NDA.