No Confidence Motion Against Vice-President in Rajya Sabha

In a significant development, around 50 Opposition MPs have united to propose a no-confidence motion against Vice-President Jagdeep Dhankhar, citing issues with his conduct and the functioning of the Rajya Sabha. This motion is being contemplated under Article 67(B) of the Indian Constitution, which allows for the removal of the Vice-President through a resolution passed by a majority in the Rajya Sabha and approved by the Lok Sabha. The No Confidence Motion is an important part of Indian Polity which is an important topic in UPSC Syllabus.

Opposition Parties Plan No-Confidence Motion Against Vice-President Dhankhar

The Opposition is considering a no-confidence motion against Vice-President Jagdeep Dhankhar.

Process of Removal

• Article 67(B): This article provides the constitutional basis for the removal of the Vice-President of India.
• Resolution for Removal
  • The Vice-President can be removed by a resolution passed by a majority of all the then members of the Rajya Sabha (this type of majority is also called ‘effective majority’)
  • Such a resolution passed by the Rajya Sabha needs to be agreed to by the Lok Sabha.
• Notice: A resolution for removal of the Vice-President can be moved only after giving a notice of 14 days in advance to the incumbent vice-president.

No Confidence Motion

Under Rule 198 of the Rules of Procedure and Conduct of Business in the Lok Sabha, a No Confidence Motion is a formal request made by the opposition against the current administration in the Lok Sabha. After the motion is passed, the ruling party is required to quit if it cannot demonstrate its majority in the Lok Sabha. The Lok Sabha’s No Confidence Motion is a crucial weapon against the Council of Ministers.

The No Confidence Motion is sometimes called the No Confidence Vote and the No Confidence Motion. The parliamentary motion from the opposition refers to the Lok Sabha’s ruling and establishes the majority. A legislative resolution known as a “No Confidence Motion” is presented to the Lok Sabha and declares the entire council of ministers unfit to hold leadership positions due to their flaws or failure to perform their duties. In the Lok Sabha, it may be accepted without prior justification.

Additionally, according to Rule 198 of the Lok Sabha’s norms of procedure and conduct, the opposition is not required to justify its request for a No Confidence Motion before the Lok Sabha votes on it. According to Article 75 of the Constitution, the Lok Sabha is the council of ministers’ primary oversight body. The ministry will remain in office as long as the majority of Lok Sabha MPs continue to support it. Only when it has a majority in the Lok Sabha can a government function.

The administration is deemed to have lost the majority and is obliged to resign if the No Confidence Motion is supported by 51% of the house members. After presenting a motion of no confidence, the opposition can ask the administration to show that it has a majority, or it can do so by introducing a vote of confidence. In order to force the administration to address important issues, the opposition occasionally introduces the No Confidence Motion.

Procedure of No-Confidence Motion in Lok Sabha

The motion of no confidence must follow a specific process that is outlined in Lok Sabha Rule 198. There is no Confidence or No Confidence Motion Article in the Indian Constitution. However, the Council of Ministers must collectively answer to the Lok Sabha, according to Article 75 of the Constitution of India. If the No Confidence Motion has the backing of 50 MPs or more (exclusively the Opposition), it may be brought before the Lok Sabha.

How is a No Confidence Motion Moved?

The Speaker may convene the members to request leave to introduce the motion, according to Rule 198 (1) (a). According to Rule 198 (1)(b), the opposition members requesting the motion shall provide the Lok Sabha Secretary-General with a formal notice by 10 AM on the proposal day. The proposal must be presented by 10 AM the next day if it cannot be done by that time.

After reading the house motion, the Speaker may ask the members who are proposing it to stand if they think it to be in order, in accordance with Rule 198(2). If at least 50 members support the motion, the Speaker will declare it approved. Within 10 days of the leave application, the No Confidence Motion is heard.

According to Rule 198 (3), the Speaker may permit a portion of the day, an entire day, or a number of days to discuss the motion after the leave is granted. In accordance with Rule 198(4), the Speaker must ask questions at the designated hour on the day designated for discussion in order to control the house’s decision. The Speaker has the authority to set a time restriction for remarks under Rule 198(5). The government must leave the office for further action if the motion is approved by the House.

No-Confidence Motion Significance

The Constitution states that a government can only continue in office if it has enough members of the Lok Sabha to form a majority. The Lok Sabha is the body to which the Council of Ministers collectively answers, according to Article 75(3) of the Indian Constitution. The Lok Sabha rules provide a procedure known as a “no-confidence motion” to test the collective responsibility.”

A no-confidence motion against the government can only be presented by a Lok Sabha MP with the backing of 50 other members. There is a discussion regarding the motion that follows. The government is informed via a no-confidence motion that the elected Parliament is no longer confident in it. To dismiss the government and disband the council of ministers, a resolution of no confidence is proposed.

Also Read: Financial Emergency

History of No-Confidence Motion in Parliament

The first “No Confidence Motion” against the administration of then-Prime Minister Jawaharlal Nehru was presented in Parliament in August 1963. Acharya JB Kripalani proposed this motion; however, it only obtained 62 votes in favour and 347 votes against it.

The most No Confidence Motions against Indira Gandhi have ever been filed, 15 in all. The No Confidence Motion has been put out by CPI (M) leader Jyoti Basu at least four times. The No-Confidence Motion was the first to force the resignation of Morarji Desai’s administration. The No-Confidence Motion against his government was introduced twice in the Lok Sabha. The first time it was salvaged, but he lost most of it the second time, in 1978. Before the election, Morarji Desai resigned.

In 1979, a motion of no confidence was submitted against Chaudhary Charan Singh’s administration. Chaudhary Charan Singh suggested that the Lok Sabha be dissolved after submitting his resignation to the President. 1989 saw the dissolution of VP Singh’s cabinet as the BJP lost its backing. In 1993, Narasimha Rao’s administration was the target of a No-Confidence Motion, but he was able to defend it. In 1997, Congress stopped backing the United Front Government, compelling HD Deve Gowda, the prime minister at the time, to resign.

After failing to establish a majority, I.K. Gujral’s United Front Government was forced to resign in March 1998. Atal Bihari Vajpayee’s government barely lost the No Confidence Motion in 1999 by one vote, forcing him to resign. The nuclear agreement with the United States was the subject of a motion of no confidence against the Congress government in July 2008. However, Manmohan Singh, the then-prime minister, narrowly maintained his majority in the Lok Sabha and survived the No-Confidence Motion.

How many times No Confidence Motions Passed in Parliament?

The first no confidence motion was proposed against the Jawaharlal Nehru-led government by Acharya J. B. Kripalani in the third Lok Sabha of 1963. There were 40 MPs present for the whole four-day, 21-hour debate on the resolution.

“A no-confidence motion aims at or should aim at removing the party in government and taking its place,” Nehru said in response. In this case, it is obvious that no such expectation or hope existed. Thus, the debate was somewhat fictitious even if it was fascinating in many ways and, in my opinion, profitable as well. I’ve personally welcomed both the motion and the discussion. I have thought that it might be beneficial to conduct these kinds of exams on a regular basis.

Since then, there have been 26 further no-confidence motions introduced in the parliament (not including the most recent one), the most recent of which was brought by the TRS in 2018 in opposition to the former Narendra Modi administration.

No-Confidence Motion UPSC

A crucial step in the legislative process is the No Confidence Motion. Members who support the No Confidence Motion demonstrate their lack of confidence in the leadership of the country. Although it doesn’t happen often, the opposition has occasionally defeated the incumbent party with more supporters.

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