Context: The opposition parties, led by Congress, moved a no-confidence motion against Vice-President Jagdeep Dhankhar, who is also the Chairman of Rajya Sabha, under Article 67(B) of the Constitution. 

• This is the first time such a motion has been filed in Indian Parliament. The opposition claims that Dhankhar has shown bias in favor of the ruling party and has ignored their concerns during Rajya Sabha proceedings.

What is the Process for Removing the Rajya Sabha Chairman?

• The process for the removal of the Chairman of the Rajya Sabha is governed by Article 67 of the Indian Constitution, as well as the rules of procedure of the Rajya Sabha.

• The Chairman is the Vice President of India, who holds office for a term of five years from the date of assuming office, unless he resigns or is removed.

Process of Removal of the Chairman of Rajya Sabha

• Initiating the Resolution: A resolution for the removal of the Chairman can be moved by a member of Rajya Sabha. This must be moved by a majority of the members of Rajya Sabha.

• The resolution must be passed by a majority of all members of Rajya Sabha (i.e., more than half of the total members of the House, not just those present and voting).

• Notice for the Resolution: A 14-day notice must be given before the resolution for removal is moved in the House. This is similar to the process for the removal of the Vice-President (who is also the Chairman of Rajya Sabha). The member wishing to move the resolution must notify the House of their intention at least 14 days in advance.

• Debate and Discussion: After the notice period of 14 days, the Rajya Sabha will discuss the resolution. The discussion will allow members to express their views on the removal of the Chairman.

• Resolution Passage: The resolution must be passed by a majority of the members of the Rajya Sabha (more than half of the total members, not just those present).

• Approval from Lok Sabha: After passing the resolution in Rajya Sabha, it must also be approved by the Lok Sabha. Lok Sabha must also pass the same resolution by a simple majority. This means that the Lok Sabha must agree with the Rajya Sabha's decision.

• Final Action: If both Rajya Sabha and Lok Sabha pass the resolution for the removal of the Chairman, the Chairman is removed from office.

Key Points

• The Chairman cannot preside over his own removal proceedings. In case a resolution for his removal is being discussed, he will vacate the Chair, and the Deputy Chairman will take over the proceedings.

• A majority of members of Rajya Sabha must agree to the resolution for the Chairman's removal.

• The Chairman’s removal requires the approval of both Houses of Parliament (Rajya Sabha and Lok Sabha).

About Rajya Sabha (the Upper House of Parliament)

• The Rajya Sabha is modelled after the House of Lords in the United Kingdom.

• Rajya Sabha is a permanent body and is not subject to dissolution. However, one-third of the members retire every second year and are replaced by newly elected members.

• Each member is elected for a term of six years.

• The Vice President of India is the ex-officio Chairman of the Rajya Sabha, which is the final stop before a bill is sent for presidential assent.

Chairman of the Rajya Sabha

• The Chairman of the Rajya Sabha, who is also the Vice-President of India, plays a crucial role in the functioning of the House. As the Presiding Officer, the Chairman is responsible for maintaining order, decorum, and ensuring that the proceedings of the Rajya Sabha follow the Constitution, rules, and practices.

Key Roles and Responsibilities:

• Presiding Officer: The Chairman oversees Rajya Sabha meetings, ensuring the orderly conduct of discussions and debates.

• Guardian of the House: The Chairman upholds the prestige and dignity of the House. He is also the principal spokesperson for the Rajya Sabha, representing its collective voice to the outside world.

• Impartiality: The Chairman's decisions are binding, and he is expected to act impartially. His rulings are not open to criticism and cannot be questioned.

• Presides Over Key Sessions: The Chairman presides during critical times, such as Question Hour, debates on important bills, and constitutional amendments. He ensures that members’ rights to ask questions and receive answers are protected.

• Casting Vote: The Chairman has a casting vote in case of a tie during voting, except when the motion concerns his own removal. In such cases, he does not preside and cannot vote.

Powers

• Adjournment and Suspension: The Chairman has the authority to adjourn the House or suspend its sitting if there is no quorum or in case of grave disorder.

• Disqualification of Members: The Chairman determines whether a Rajya Sabha member is disqualified under the Tenth Schedule (anti-defection law).

• Rulings and Precedents: The Chairman’s rulings are considered precedents and cannot be challenged. He is the final authority on the interpretation of rules and procedures in the House.

• Committee Oversight: The Chairman oversees the functioning of parliamentary committees, appoints their chairs, and ensures the effective conduct of their work. He is also the head of key committees like the Business Advisory Committee and Rules Committee.

• Maintenance of Order: The Chairman is responsible for maintaining order during debates. He can intervene in cases of irrelevance or defamatory remarks and can expunge inappropriate language from the records.

Administrative Functions

• Rajya Sabha Secretariat: The Chairman controls the Rajya Sabha Secretariat and ensures the proper functioning of the House.

• Warrants and Communications: He issues warrants to execute the orders of the House and communicates with external authorities, including messages from the President or foreign countries.

• Role in Bill Passage: The Chairman authenticates and corrects any errors in Bills passed by Rajya Sabha before they are presented to the President for assent.

• Absence of the Chairman: In the absence of the Chairman, the Deputy Chairman presides over the sessions. The Chairman may also delegate duties to Vice-Chairmen when needed.

• Special Functions: The Chairman makes obituary references and special references on significant national or international occasions. He represents Rajya Sabha at formal events and welcomes foreign dignitaries or delegates.