RS Dy Chairman rejects Oppn notice seeking removal of Dhankhar
Rajya Sabha Deputy Chairman Harivansh said the impeachment notice is part of a design to denigrate the nation's constitutional institutions and malign the incumbent Vice President
PTI
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At least 60 Opposition members had signed the notice for removal of Jagdeep Dhankhar from his post on 10 December. PHOTO: PTI
New Delhi, 19 Dec
Rajya Sabha Deputy Chairman
Harivansh on Thursday dismissed the impeachment notice given by the Opposition
seeking the removal of Vice President Jagdeep Dhankhar while ruling it as an
act of impropriety, being severely flawed and drawn in haste to mar his reputation,
sources said.
In his ruling, which was tabled in
the House by Rajya Sabha secretary general PC Mody, the deputy chairman said
the impeachment notice is part of a design to denigrate the nation's
constitutional institutions and malign the incumbent Vice President, the
sources said.
At least 60 Opposition members had signed the notice for removal of Dhankhar from his post on 10 December, alleging that they did not have trust in him and that he was "biased". The notice was moved by the opposition members under Article 67(b) of the Constitution as intention of a no-confidence motion against the Vice President of India.
The deputy chairman ruled that the
gravity of this "personally targeted" notice which is bereft of facts
and aimed at securing publicity.
He also held that the notice was a
"misadventure" in "deliberate trivialising and demeaning"
of the high constitutional office of the Vice President of the largest
democracy.
Worrisomely for the prestige of
Parliament and its members, the notice is replete with assertions only to malign
the incumbent Vice President, the deputy chairman ruled, the sources added.
The deputy chairman in his ruling
said the notice invoked Article 67(b) peremptorily mandates 'at least 14 days'
prior notice for any resolution contemplating the Vice President's removal.
Thus the 10 December, 2024 notice
of intention could permit such a resolution only after 24 December, 2024, he
noted, adding that the current 266th session of the Council of States, as
notified on 6 November, 2024, commenced on 25 November and is scheduled to
conclude on 20 December, 2024, as known to all signatories.
In full know of the situation that
the resolution cannot be brought during this session, this was initiated only
to set a narrative against second highest constitutional office and the Vice
President, the deputy chairman said in his ruling.
Harivansh also said the notice's
"lack of bona fides", and subsequent events unfolding revealed
"it being a calculated unwholesome attempt to garnish publicity; run down
the constitutional institution; insinuate the the personal image of the
incumbent Vice President- notably, the first from the agricultural community to
hold this office in the history of independent India".
Sources said the deputy chairman
has also ruled that the prejudicial intent manifested through orchestration of
a coordinated media campaign, including a televised press conference initiated
by the LoP and Chief whip of the Indian National Congress, main opposition
party, on 12 December, 2024.
They added that the impeachment
notice was "an attempt to set afloat a narrative as if the authority was
sitting over the notice of intention and thereby not discharging
expectedly".
The deputy chairman ruled that
constitutionally after the intention of the notice to bring a resolution
seeking removal of Vice President has been initiated, those taking such step
had to move the resolution after 14 days, with no step called for from any
quarter.
Sources said Harvivansh also ruled
that this coupled with the Leader of Opposition's subsequent 10-point social
media input on 12 December, 2024, apart from being distanced from institutional
decorum, "forces a conclusion to be part of a design to denigrate nation's
constitutional institutions and malign the incumbent Vice President".
He also cited past precedent when
on September 21, 2020, then then-Chairman Venkaiah Naidu rejected a similar
removal notice against the Deputy Chairman, citing procedural impropriety under
a provision pari materia to Article 67(b).
Deputy chairman Harivansh was entrusted
to deal with the notice after Chairman Dhankhar recused himself from it.
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