The INDIA bloc brought a resolution under Article 67 of the Constitution on December 10 to throw out Vice-President and Rajya Sabha chairman Jagdeep Dhankhar from office. Since 1952, it is for the first time that Opposition members of the Upper House want to get rid of the incumbent chairman. Undoubtedly, it was an unprecedented step, on the occasion of the Constitution’s 75th anniversary, which reflects weakening of the democratic values and the ruling BJP’s fascist streak.
According to the resolution, Opposition parties accused Dhankhar of being “explicitly partisan” in his handling of House business, serving as an“impassioned spokesperson” for the Narendra Modi administration, and undermining the neutrality expected of the presiding officer’s position by announcing in the House that he was “the Eklavya of the RSS [Rashtriya Swayamsevak Sangh]” some 25 years ago.
In the notice, Opposition parties alleged that Dhankhar “has repeatedly acted in a manner that reduces the prestige of the position he presently occupies to that of a mere spokesman for the Government of the day.” It was purportedly signed by 70 MPs.
Opposition parties also held a joint press conference on the December 11 accusing Dhankhar of acting in a “partisan” manner, which led them to file for his ousting as Vice President. They also claimed that politics had trumped the rules in the Upper House of Parliament.
Addressing the joint presser at the Constitution Club, Congress president and Leader of Opposition in Upper House, Mallikarjun Kharge alleged that Dhankhar is working as a government spokesperson and acting like a school headmaster, often sermonising experienced Opposition leaders and preventing them from speaking in the House. Khargealso claimed that Dhankhar himself is responsible for the disruptions in the House.
“The Rajya Sabha chairman’s conduct has been contrary to the dignity of the post he holds. He targets Opposition leaders and often praises the government,” he said.
DMK leader Tiruchi Siva claimed that the ruling BJP was openly attacking India’s democracy in Parliament. Echoing his sentiments, Nadimul Haque, Trinamool Congress MP, lamented:“We are not allowed to express ourselves in the Rajya Sabha.”
Dhankar’s partiality toward BJP MPs in Rajya Sabha with regard to Opposition MPs has been proved by his application of Rule 267 regarding suspension rules to discuss urgent issues. For example, he has not accepted any of the 42 motions made by members of the Opposition party under Rule 267, whereas he has readily acceded whenever members of the ruling party moved for its suspension.
MPs Sanjay Singh of AAP and Manoj Jha of RJD filed 11 and 14 motions, respectively, to suspend the rules under Rule 267 on a range of urgent issues, including the alleged Gautam Adani scam, but Dhankar rejected them.
On the other hand, Rajya Sabha’s record shows that demonetisation was debated during the time of Chairman M. Venkaiah Naidu, following the use of Rule 267 to suspend regulations. Chairman Shankar Dayal Sharma allowed the invocation of Rule 267 four times in two years, three times in a single year for Bhairon Singh Shekhawat, and four times in three years between 2013 and 2016 under Mohammad Hamid Ansari.
In addition, it is alleged that Dhankhar frequently interrupted Opposition members and made derogatory remarks in response to their criticism of the government’s performance.
Furthermore, he was charged with using privilege motions as a weapon to target Opposition members for their parliamentary actions and preventing Mallikarjun Kharge, Leader of the Opposition in Rajya Sabha, from exposing the lies in Prime Minister Modi’s comments. The Opposition parties’ notice also pointed out Dhankar’s extremely derogatory comments about the Leader of the Opposition.
Dhankar also did not allow debates on critical issues like Chinese intrusion and corporate loot, any reference to Gautam Adani and his relationship with the Prime Minister is expunged from records.
He was also accused of taking part in the Modi government publicity and brazenly defending RSS.
In his article, Sanjay K. Jha, a political commentator, documented Dhankar’s statements made at several public events in which he instigated citizens to rise against politicians and activists who are critical of Modi’s functioning.
Speaking at the centenary foundation day of ICAR-CIRCOT, Mumbai on December 3, he said:“I have seen India changing for the first time. I am feeling, for the first time, that ‘Viksit Bharat’ is not our dream but our goal. India had never attained this exalted stature. We never enjoyed such clout in the world.”
Speaking at the NHRC function on December 10, 2023, he said:“Our Amrit Kaal became Gaurav Kaal [time of pride] primarily due to the blossoming of human rights and values.”
While ‘Amrit Kaal’ is Modi’s imagination, the Opposition’s narrative is about a phase of crisis for human rights and constitutional values.
Speaking at the three-day ‘Ayurveda Kumbh’ at the Chaudhary Charan Singh University at Meerut in March 2023, he said:“Only people’s intervention can bring these elements (in the Opposition) on the right path.”
He argued: “When India is rising, some people have decided to denigrate the country. They have taken a resolve to defame India. One instance I see in front of my eyes. Somebody goes abroad and says the mic is switched off in parliament. Lok Sabha is a big panchayat. Mic has never been switched off there. How can we tolerate it? How torturous is this experience?”
On December 8, 2024, addressing Gita Mahotsav in Kurukshetra, Haryana, he said:“We are seeing some unique challenges to the country nowadays. Some forces create a narrative using money power and other mechanisms to hurt India in and outside the country. They want to damage our economy, render our institutions defunct. Their sinister design, pernicious object is to taint, tarnish and diminish our constitutional institutions to run down our growth trajectory. We can’t ignore these forces. Our culture suggests that a time comes when such forces have to be crushed. That’s the message of Gita.”
Speaking at a book release function, Dhankhar said:“Bharat, now in Amrit Kaal, is the most functional democracy that has evoked global recognition. India is setting global discourse on many issues. All Indians are elated that the country is on the rise like never before and its upward growth trajectory is unstoppable as we are on our way to 2047.”
The “never-before” rhetoric lacked substance because the GDP grew at a higher rate under Manmohan Singh.
Dhankhar further said:He went on to instigate a public uprising against the Congress leader, saying:“I call upon everyone – intelligentsia, media and youth who are our warriors of 2047 to rise to the occasion, expose these forces and neutralise them.”
The Article 63 of the Constitution states that the Vice-President is the second-highest constitutional authority after the President. Article 64 grants the position the authority to act as the “ex-officio Chairman of the Council of States (Rajya Sabha).” In this capacity, the Vice-President performs the functions of both Vice-President and Chairperson of Rajya Sabha.
Article 67(b) of the Constitution prescribes that the Vice President of India may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People. However, there is no separate provision to remove the chairman of Rajya Sabha, on the ground that the Article 64 of the Constitution mandates that the Vice President shall be the ex-officio chairman of the Council of States. If the resolution against Dhankarwere adopted by both the Houses of Parliament, he would cease to be the ex-officio chairman of the House.
Responding to a question, will the no-confidence motion against Rajya Sabha Chairperson Jagdeep Dhankhar succeed? Kharge quipped that “Politics has taken precedence over rules in the Rajya Sabha and the chairman has indulged in partisan behaviour.”
“The notice for the Rajya Sabha chairman’s removal is not about personal grievances or political battles. We are fed up with his behaviour and partiality. That is why we have given the notice for his removal,” he said.
On similar lines, Trinamool Congress deputy leader in Rajya Sabha Sagarika Ghose said the notice against Dhankar“is a strong message to fight for parliamentary democracy. Nothing against individuals, this is a fight for institutions.”
She added: “This government is murdering parliament… The BJP and the government are misusing high constitutional offices and making them subservient to executive power… At stake is the integrity of our parliamentary democracy itself and the solemn constitutional rights of every representative of the people.”