Opposition’s Impeachment Notice Against Vice President Is Unprecedented

By Dr. Gyan Pathak

In an unprecedented move in the parliamentary history of India, the opposition INDIA bloc submitted a notice on December 10, 2024, at the Rajya Sabha Secretary General P.C. Modi’s office seeking removal of the Chairperson of the Upper House the Vice-President of India Jagdeep Dhankhar alleging him of conducting proceedings of the House in an “extremely biased” manner. Union Minister for Parliamentary Affairs Kiren Rijiju on December 11, during his address in the House, said, “We will not allow this.”Amidst uproar in the House during Centre-Opposition faceoff, Rajya Sabha was adjourned for the day.

Given the adamant attitudes of both the ruling establishment and the opposition, one can’t but think that the issue may overshoot to a hazardous level having far reaching legal and political implications for the country. Since the NDA has majority in the Rajya Sabha, is can defeat the impeachment motion, if taken in the House for consideration, but the debate can impact politics in the country in a way that can impact the political fortune of the ruling establishment.

The immediate background of the joint move of the opposition INDIA bloc has enough indication of that. The opposition has been demanding discussion on the Adani issue alleging that the Union Government is protecting the friend of PM Narendra Modi at the cost of public money and the interest of the people. The Union Minister of Parliamentary Affairs Kiren Rijiju, on the other hand, to counterbalance the opposition raised alleged “nexus between US hedge fund tycoon George Soros and Congress … posing a threat to national security.”

Opposition’s six-point chargesheet notice was signed by not only the Congress but other opposition political parties too. Therefore, Kiren Rijiju’s attack on only Congress over the impeachment notice, calling the allegations against the Chair baseless is not enough. If the entire opposition is not satisfied with the conduct of the Chair, they have right to raise their grievance, which they have been doing for several years in the house, but remained largely unheard, and resulted into the present joint move of impeachment notice.

Whatever may be the outcome of the impeachment notice, most likely to be defeated on account of majority of NDA in the House, if taken for consideration. Kiren Rijiju’s statements suggest that it would not be taken for consideration at all, and in that case when the winter session of the Parliament will end on December 20, the notice for removal would expire automatically.

Nevertheless, it will have serious implication on National politics, since the move would exert great pressure on the Vice-President who holds a significant role in the national political hierarchy, being only second in line to the presidency, and as Chairman of the Rajya Sabha. Oppositions move is therefore an effort of weakening the executive branch of the government, that has been allegedly lording over the legislative branch of the democracy through bending the proceeding of the Rajya Sabha. It will have repercussions on the future governance and elections, because the political narrative may go against the ruling establishment.

At a time when the opposition unity is being questioned, especially after the election defeats of INDIA bloc in Haryana and Maharashtra, and the statements made by opposition political parties were being highlighted by the ruling establishment as “INDIA bloc disintegrating”, the joint move for removal of the Vice-President has just shown the opposition unity. INDIA bloc by its joint move has challenged the authority of the ruling establishment. The narrative is bound to come into public discourse.

It is strategic calculation of the opposition for an agenda for change. It may lead to reform or alter the structure of India’s legislative body, since Chairman of the Rajya Sabha and the Vice-President of India are two posts held by the same person. The opposition’s six-point chargesheet focuses on the Chairperson’s role, not the Vice-President’s role. The impeachment notice underlines the importance of the separation of the role, but then there would be constitutional crisis, because the Constitution of India provides for the twin roles for the same person.

There six-point chargesheet puts the narrative straightforward: Leaving aside Mr Dhankhar’s constant interruptions whenever opposition MPs attempt to speak, the Chairperson had also repeatedly denied legitimate requests made by the Leader of the Opposition in the Rajya Sabha Mallikarjun Kharge to “intervene and rebut falsehoods propagated by” Prime Minister Narendra Modi, and the Leader of the House and BJP President J P Nadda.

A serious charge against Dhankhar is that he had taken it upon himself to be an “impassioned spokesperson” of the Union government’s policies while criticising the opposition MPs’ viewpoints if “contrary of oppose the position of the ruling government.” He was alleged of “encouraging and provoking the Treasury Benches to make outrageous remarks” against opposition leaders.

The notice stated, “In fact, on July 2, 2024, Mr. Dhankar, while he presided as Chairperson of the Rajya Sabha, labelled himself as the ‘Eklavya of the RSS’; speaking about history with the organisation and how after joining the organisation he wishes that he had started his political career with the RSS itself. Such remarks by Mr. Dhankar are unbecoming of the non-partisan nature of the position he currently occupies.”

The notice, in present circumstances, underlines a need for reforming the foundational principles of India’s parliamentary democracy along with legislative and executive structure of governance with reference to the Chairman of the Rajya Sabha and Vice-President of India. The reform is important given the ruling party’s undermining the system for its own benefit.

Any erosion of the neutrality and non-partisan role expected of the Rajya Sabha Chairperson could also impact India’s image as a robust democracy. It makes the reform all the more important. What has been happening in the Rajya Sabha may also impact international perception – either as a sign of political instability or a challenge to the established constitutional framework from within.

Executive’s influence through Vice-President over the legislative process in the Rajya Sabha has come under question, especially when Vice-President aligned himself with ruling RSS family. India can’t compromise with the neutrality of legislative processes and chairman of the House. Procedural change in such cases is imperative.

“The Vice President is not an elected or nominated Member of the Council of States. He is ex-officio Chairperson of the Rajya Sabha by virtue of being Vice President. … If the opposition is constrained to move an impeachment motion against him on grounds of partiality and bias it raises larger questions about selection of impartial presiding officers for out legislatures,” said Congress leader Manish Tewari. (IPA Service)