Election of Vice-President of India

Why in the News?

The Election Commission of India issued the notification for the election of the Vice-President of India.

Key Points:

Office of the Vice-President:

• This office is modelled on the lines of the American VicePresident.

• Warrant of Precedence: Vice-President is accorded a rank next to the President in the official warrant of precedence.

• Tenure: The Vice-President holds office for a term of five years from the date on which he enters upon his office.

  • However, he can resign from his office at any time by addressing the resignation letter to the President.

•  He acts as the ex-officio Chairman of Rajya Sabha.

• Officiating President: He can act as President only for a maximum period of six months within which a new President has to be elected.

• Membership of House: Under the Constitution, the Vice-President “shall not be a member of either House of Parliament or of a House of the Legislature of any State”.

  • If a member of any of these Houses is elected to the post, “he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President”

• The Constitution has not fixed any emoluments for the Vice-President in that capacity.

  • He draws his regular salary in his capacity as the ex-officio Chairman of the Rajya Sabha.

• Election Disputes: All doubts and disputes in connection with election of the Vice-President are inquired into and decided by the Supreme Court whose decision is final.

Conditions of the VicePresident’s office:

• He should not be a member of either House of Parliament or a House of the state legislature. If any such person is elected Vice-President, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.

• He should not hold any other office of profit.

Qualifications:

•  He should be a citizen of India.

• He should have completed 35 years of age.

• He should be qualified for election as a member of the Rajya Sabha.

•  He should not hold any office of profit under the Union government or any state government or any local authority or any other public authority

Vacancy in the Vice-President’s office:

• On the expiry of his tenure of five years.

•  By his resignation.

• On his removal.

•  By his death.

• When he becomes disqualified to hold office or when his election is declared void

Election

• Article 66 lays down the process of the election of the Vice-President.

• The Vice-President, like the President, is elected not directly by the people but by the method of indirect election.

• He is elected by the members of an electoral college consisting of the members of both Houses of Parliament.

• Composition of Electoral College:

  • It consists of both elected and nominated members of the Parliament (in the case of the President, only elected members).

  • It does not include the members of the state legislative assemblies (in the case of the President, the elected members of the state legislative assemblies are included).

• The Vice-President can hold office beyond his term of five years until his successor assumes charge.

  • He is also eligible for re-election to that office.

• All doubts and disputes in connection with election of the Vice-President are inquired into and decided by the Supreme Court whose decision is final.

Removal:

• A formal impeachment is not required for his removal.

• He can be removed by a resolution of the Rajya Sabha passed by an absolute majority (ie, a majority of the total members of the House) and agreed to by the Lok Sabha.

• But, no such resolution can be moved unless at least 14 days’ advance notice has been given. Notably, no ground has been mentioned in the Constitution for his removal.