Election of Vice-President of India

Article 64 of the Constitution of India specifies that the Vice-President's post cannot remain vacant for any period of time, as it is essential for the functioning of the Rajya Sabha (Council of States). When the office of Vice-President is vacant, it is necessary for the Election Commission of India to conduct an election as soon as possible With the resignation of Vice-President Jagdeep Dhankhar.

The Vice-President of India is a crucial constitutional post and is elected by an electoral college consisting of the members of both Houses of Parliament — the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).

Electoral College for Vice-Presidential Election

• The electoral college consists of all members of both Houses of Parliament — Lok Sabha and Rajya Sabha.

• The election of the Vice-President is held in accordance with the system of proportional representation by means of the single transferable vote (STV). This means that MPs cast their votes in a way that allows for more proportional representation of votes.

• Voting in the election is done via secret ballot.

Eligibility Criteria for Vice-President

A person can be elected as Vice-President only if they fulfill the following conditions:

1. Citizenship: The candidate must be a citizen of India.

2. Age: The candidate must have completed 35 years of age.

3. Qualifications: The person must be qualified for election as a member of the Council of States (Rajya Sabha).

4. Office of Profit: The candidate must not hold any office of profit under the Government of India or any State Government, or any subordinate local authority.

Vacancy and Timelines

• Expiry of Term: When the term of the Vice-President expires, the election to fill the vacancy should be completed before the expiry of the current term.

• Vacancy Due to Death, Resignation, or Removal: In case a vacancy arises due to death, resignation, or removal, the election to fill the vacancy should be held as soon as possible after the occurrence.

• The newly elected Vice-President will hold office for a full term of 5 years, starting from the date they assume office.

Conduct of Election

• Election Authority: The authority to conduct the election of the Vice-President lies with the Election Commission of India under Article 324 of the Constitution of India.

• Returning Officer: The Secretary-General of either House of Parliament is generally appointed as the Returning Officer to conduct the election. This responsibility is rotated between the two Houses.

Nomination Process

• A candidate seeking election as Vice-President must be nominated by at least 20 Members of Parliament (MPs) as proposers and 20 MPs as seconders.

• A security deposit of Rs. 15,000 is required from the candidate to stand for election.

Disputes and Challenges

• Any doubts or disputes arising from the Vice-Presidential election are examined by the Supreme Court of India, whose decision is final.

• If there is a challenge to the election results, a five-judge bench of the Supreme Court hears the petition.

Important Points Regarding the Vice-President's Role

The role of the Vice President of India as the Chairman of the Rajya Sabha is significant in ensuring the smooth functioning of the Rajya Sabha and maintaining order and decorum in parliamentary proceedings.

1. Presiding Over Sessions

• The Chairman conducts and oversees the proceedings of the Rajya Sabha (Upper House of Parliament). They ensure that discussions are orderly, fair, and within the established rules.

• The Chairman has the power to maintain order during debates, and they can take action against members if their behavior disrupts the session.

• Rule 256 of the Rajya Sabha Procedures empowers the Chairman to suspend a member for the remainder of the session if their conduct is considered grossly disorderly or if they disregard the authority of the Chair.

2. Neutrality and Order

• As a non-member of the Rajya Sabha, the Vice President must be impartial, ensuring fair representation for all members.

• The Chairman encourages free and fair debate and ensures that parliamentary norms and procedures are followed.

3. Casting Vote (Article 100)

• The Vice President, while presiding over the Rajya Sabha, does not have a vote in the first instance.

• However, in the event of a tie (when the votes are evenly split on a matter), the Chairman can cast the deciding vote. This is a casting vote, which is exercised to break a deadlock.

4. Referral to Committees

• The Chairman plays an administrative role, which includes referring bills, motions, and resolutions to various parliamentary committees for detailed consideration and study.

5. Limitations Compared to the Lok Sabha Speaker

• Joint Sessions: Unlike the Speaker of the Lok Sabha, the Chairman of the Rajya Sabha does not preside over joint sittings of Parliament (when both Houses meet together). Joint sittings are usually called to resolve differences between the two Houses.

• Money Bills: The Chairman of the Rajya Sabha cannot certify a bill as a Money Bill. The Speaker of the Lok Sabha holds this exclusive power.

6. In Case of Presidential Vacancy

• If the office of the President becomes vacant (due to death, resignation, etc.), the Vice President of India acts as President temporarily for a maximum period of six months.

• During this period, the Vice President's role as Chairman of the Rajya Sabha is temporarily suspended, and the Deputy Chairman steps in to preside over the Rajya Sabha.

Comparison: Vice President of India vs. U.S. Vice President

Conclusion

The election of the Vice-President of India is a key aspect of the country’s governance structure. As stipulated in the Constitution, the Vice-President is elected by members of Parliament, following a proportional representation system with a secret ballot. This ensures that the election process is democratic and fair, with all MPs having a say in choosing the individual who will hold this prestigious office