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Understanding the Removal Process of the Vice-President of India

A Detailed Guide on Impeachment Procedures

Understanding the Removal Process of the Vice-President of India

  • 16 Dec, 2024
  • 457

Can the Vice-President of India be Removed?

Yes, the Vice-President of India can be removed from office through a process outlined in the Indian Constitution. This procedure is crucial for maintaining political accountability in the country.

What is the Procedure for Removing the Vice-President?

The removal process is specified in Article 67(b) of the Indian Constitution. It involves several key steps:

  • Introduction of Resolution: A resolution to remove the Vice-President must be introduced in the Rajya Sabha (Council of States).
  • Rajya Sabha Approval: The resolution needs to be passed by a majority of all the then members of the Rajya Sabha, known as an "effective majority." This is a higher threshold than a simple majority.
  • Lok Sabha Approval: If the resolution passes in the Rajya Sabha, it is sent to the Lok Sabha (House of the People).
  • Lok Sabha Passage: The Lok Sabha must also pass the resolution by a simple majority, meaning a majority of the votes cast.
  • Removal from Office: Once both houses of Parliament pass the resolution, the Vice-President is officially removed from office.

What are the Grounds for Removal?

The Constitution does not specify any particular grounds for the removal of the Vice-President. A resolution can be introduced for any reason as long as it adheres to the procedural requirements.

Is There a Notice Period Required?

Yes, the Constitution mandates that at least 14 days' notice must be provided before introducing a resolution to remove the Vice-President. This ensures adequate time for discussion and deliberation.

Can the Vice-President Defend Themselves?

While the Constitution does not explicitly state the right to defense, the Vice-President, as the Chairman of the Rajya Sabha, is expected to participate in the proceedings and present their case, adhering to the principles of natural justice.

Has Any Vice-President of India Ever Been Removed from Office?

No, no Vice-President of India has ever been removed from office through this constitutional process. This highlights the stability of the position and the significance of the impeachment procedure.

Frequently Asked Questions (FAQs)

Q1. What is the effective majority in the Rajya Sabha?
Answer: The effective majority refers to more than half of the total membership of the Rajya Sabha, not just those present and voting.

Q2. Can the Vice-President be removed without a reason?
Answer: Yes, the Constitution allows a resolution for removal to be introduced without specifying any grounds, provided the procedural steps are followed.

Q3. What happens after the Lok Sabha passes the resolution?
Answer: Once the resolution is passed by both houses, the Vice-President is officially removed from office, concluding the process.

Q4. Is there a specific method for discussing the resolution?
Answer: The discussions are guided by parliamentary rules, allowing members to debate the merits of the resolution before voting.

Q5. How often can a resolution for removal be introduced?
Answer: There is no limit on how often a resolution can be introduced, but each must follow the required procedures and notice period.

UPSC Practice MCQs

Question 1: What article of the Indian Constitution outlines the removal of the Vice-President?
A) Article 63
B) Article 67
C) Article 67(b)
D) Article 74
Correct Answer: C

Question 2: Which house must first introduce the resolution for removal?
A) Lok Sabha
B) Rajya Sabha
C) Both Houses
D) None of the above
Correct Answer: B

Question 3: How many days' notice is required before introducing the removal resolution?
A) 7 days
B) 14 days
C) 21 days
D) No notice required
Correct Answer: B

Question 4: Has any Vice-President of India ever been removed from office?
A) Yes
B) No
C) Only once
D) Several times
Correct Answer: B

Question 5: What type of majority is needed in the Lok Sabha to pass the resolution?
A) Effective majority
B) Simple majority
C) Absolute majority
D) No majority
Correct Answer: B

Question 6: Can the Vice-President defend themselves during the removal process?
A) Yes, explicitly
B) No, not at all
C) Indirectly through representatives
D) Only in writing
Correct Answer: A

Question 7: What does the term 'natural justice' imply in this context?
A) A legal right to appeal
B) Fair treatment in legal proceedings
C) Automatic removal from office
D) No implications at all
Correct Answer: B

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