Vice-President of India – Re-election Process

Source: IE

Context: Vice-President Jagdeep Dhankhar resigned from office citing health issues, nearly two years before his term ended.

About Vice-President of India – Re-election Process:

Constitutional Provisions

• Article 63: There shall be a Vice-President of India.

• Article 66(1): Vice-President is elected by members of an electoral college consisting of members from both Houses of Parliament (Lok Sabha and Rajya Sabha).

• Article 68(2): No fixed deadline for filling a vacancy caused by resignation, unlike Presidential elections which have a six-month deadline.

Election Procedure for Vice-President:

• Governed by the Presidential and Vice-Presidential Elections Act, 1952 and Election Rules, 1974.

• Conducted by the Election Commission of India (ECI).

Step-wise Timeline After Notification:

• Filing of Nominations (14 days): Candidates are given 14 days from the date of notification to submit their nomination papers. These must be backed by at least 20 proposers and 20 seconders from the electoral college.

• Scrutiny of Nominations (1 day): Nomination papers are examined by the Returning Officer to ensure they meet all legal and procedural requirements under the election rules.

• Withdrawal of Candidatures (2 days): Candidates who wish to withdraw from the contest can do so within two days after scrutiny, by submitting a written notice of withdrawal.

• Polling Date (Minimum 15 days after withdrawal): If an election is necessary, polling must be held at least 15 days after the last date of withdrawal to allow for printing of ballot papers and logistical readiness.

• Total Minimum Duration: From the date of notification to polling, the process takes at least 32 days, making it difficult to complete before the ongoing parliamentary session ends.

Members of Electoral College:

• Lok Sabha (House of the People) – elected members only. Lok Sabha now has no nominated members as Constitutional Amendment 104th removed provision for Anglo Indian nominations.

• Lok Sabha now has no nominated members as Constitutional Amendment 104th removed provision for Anglo Indian nominations.

• Rajya Sabha (Council of States) – both elected and nominated members

• State Legislative Assemblies do not participate in the Vice-President’s election (unlike Presidential elections).

Voting System:

• Proportional Representation by means of Single Transferable Vote (STV).

• Secret ballot conducted by the Election Commission of India.

Role and Significance of Vice-President:

• Ex-officio Chairman of Rajya Sabha (Article 64)

• Acts as President in case of vacancy (Article 65)

• Key to maintaining parliamentary decorum, facilitating legislative debates, and handling disruptions.

• Plays a non-partisan constitutional role, distinct from the political executive.