NEW DELHI: There is no constitutional ground to reject the impeachment notice submitted by the Opposition seeking the removal of Vice-President and Rajya Sabha Chairman Jagdeep Dhankhar, said constitutional expert and former Lok Sabha secretary general PDT Achary.
Speaking to this newspaper, Achary said that the resolution submitted under Article 67(b) cannot be rejected as it does not lay down any conditions for dismissal.
The notice was moved by the Opposition members under Article 67(b) of the Constitution as the intention of a no-confidence motion against the Vice-President of India.
As per the Article 67(b), “No resolution to remove the Vice-President shall be moved unless at least 14 days’ notice has been given of the intention to move the resolution.”
“There is no question of rejecting a resolution on the 14-day grounds. Article 67(b) simply says that a 14-day notice is required to consider the resolution. That means after 14 days, any day, it may be considered and taken up in the next sitting of the House. There is no set period and the resolution does not lapse,” said Achary.
The no-trust motion moved by the Opposition was rejected by Rajya Sabha deputy chairman Harivansh on Thursday because a 14-day notice was not given. He ruled it as an act of impropriety, severely flawed and drawn in haste to tarnish Dhankhar’s reputation.
He also said the notice invoked Article 67(b), which mandates the prior notice of at least 14 days for any resolution contemplating the Vice-President’s removal. “Thus the December 10, 2024 notice of intention could permit such a resolution only after December 24, 2024,” he had noted, adding that the current session was set to conclude on December 20.
However, Achary contested the interpretation. “The actual interpretation of Article 67(b) is that the same resolution can be considered in the next session of the House even after the House is adjourned,” he said, adding that the Opposition parties can challenge the decision of the House.
As many as 60 Opposition MPs signed the notice for removal of Dhankhar from his post on December 10, alleging that he was conducting the House in a partisan manner.
In his three-page ruling, Harivansh said the gravity of this “personally targeted” notice, which he described as bereft of facts and aimed at securing publicity, needed to be exposed, being a “misadventure” in deliberate trivialising of the high constitutional office of Vice-President.
Meanwhile, the Opposition has hinted that they may submit another no-trust motion against the RS Chairman in the Budget session starting on January 30. Speaking to reporters, senior Congress leader and Rajya Sabha MP Jairam Ramesh said the Opposition could again submit a notice to move a motion of no-confidence against Dhankhar in the Budget Session, asserting the notice rejected was “only a trailer”.