Vice ­Presidential poll on Aug. 6

GS Paper 2, Constitution, Elections, Polity.

Context:

• The Election Commission stated that the election for Vice President will take place on August 6.
• The electoral college for the election will consist of 233 Rajya Sabha members, 12 Rajya Sabha members who have been nominated, and 543 Lok Sabha members.
• The Returning Officer would be selected by the Lok Sabha Secretary General.
• “The Constitution specifically states that the Vice-Presidential election shall be by secret ballot.” As a result, electors are urged to preserve strict voting confidentiality… “It is also emphasised that political parties may not issue whips to their MPs over voting in the Vice-Presidential election,” the EC added.

Vice President of India:

• The Vice President of India serves as the deputy to the President of the Republic of India.
• The vice presidency is the second-highest constitutional post after the presidency, ranking second in precedence and first in succession to the presidency.
• As the ex officio Chairman of the Rajya Sabha, the vice president is also a member of India’s Parliament.
• The position of Vice-President of India is modelled after that of the American Vice-President.

Articles Related to the Vice President of India:

ARTICLE 63:  

India will have a Vice-President.

ARTICLE 64:  

• The Vice-President shall be the ex-officio Chairman of the Council of States and shall hold no other profit-making office.

ARTICLE 65:

• The vice-president may act as president or perform his functions during casual vacancies in the office or in the absence of the president.

ARTICLE 66:

• Vice-President Election

ARTICLE 67:

• Vice-President’s Term of Office

ARTICLE 68:

• Date of election to fill vice-presidential vacancy and term of office of person elected to fill casual vacancy.

ARTICLE 69:

• The Vice-President’s Oath or Affirmation

ARTICLE 70:

• Presidential Functions in Other Contingencies.

ARTICLE 71:

• Matter Connected with The Election of a President or Vice-President.

ARTICLE 72:

• Presidential authority to award pardons, etc., and to suspend, remit, or commute sentences in certain cases

ARTICLE 73:

• The Extent of The Union’s Executive Power

Election of the Vice President of India:

• The Vice-President must be elected by members of an electoral college comprised of members of both Houses of Parliament using a single transferable vote in line with the system of proportional representation, and voting at such election shall be by secret ballot.
• The Vice-President shall not be a member of either House of Parliament or of any State’s Legislature, and if a member of either House of Parliament or of any State’s Legislature is elected Vice-President, he shall be deemed to have vacated his seat in that House on the date he takes office as Vice-President.
• No individual shall be eligible for election as Vice-President unless he possesses the following qualifications:

1. is an Indian citizen;
2. has reached the age of thirty-five; and
3. is eligible for election to the Council of States.

• No individual shall be eligible for election as Vice-President if he holds any profit-making post under the Government of India, the Government of any State, or any local or other authority under to the supervision of any of the aforementioned Governments.

Who votes in the Vice President election?

The Vice President is chosen by an electoral college comprised of the persons listed below. As a result, the manner of election is known as ‘indirect election.’ The election principle employed is Proportional Representation by Single Transferrable Vote.

• Members of both the Lok Sabha and the Rajya Sabha. Visit the provided link to learn more about the Lok Sabha.
• Nominated Lok Sabha and Rajya Sabha members.
• There can only be two nominated members in Lok Sabha and twelve in Rajya Sabha. (Aspirants should read the linked page to learn more about the distinctions between Lok Sabha and Rajya Sabha.)
• State Legislative Assemblies in the case of unilateral legislatures and State Legislative Councils in the case of bilateral legislatures; do not vote for Vice President.

Eligibility to become the Vice-President of India:

• An Indian citizen who has reached the age of 35 is eligible to become Vice President of India, as well as a Rajya Sabha member.
• He should not, however, be a member of either the Lok Sabha or the Rajya Sabha, and if he is elected Vice President while holding a membership in either body, he is presumed to have left that seat on his first day in office.
• He is also not permitted to occupy any profit-making post in the union government, state government, public authority, or municipal authority.

Term of Office:

• Vice President occupies the role for five years from the moment he takes office.
• He can, however, quit before five years by submitting his resignation to the President.
• The following are the different ways in which a vacancy in the office of Vice President might arise:
• When he completes his five-year term
• After he resigns
• After he is removed
• Following his death
• When his election is pronounced null and invalid

Key Powers and Functions:

• Rajya Sabha Ex-officio Chairman: His duties and functions in this position are comparable to those of the Speaker of the Lok Sabha. In this regard, it is comparable to the American vice-president, who simultaneously serves as Chairman of the Senate (the Upper House of the American legislature).
• Acts as President in Case of Vacancy: When the President’s position becomes vacant due to his- or her death, resignation, removal, the Vice-President assumes the presidency.
• The Vice-President does not fulfil the responsibilities of Rajya Sabha Chairman while serving as President or performing the powers of the President.
• During this time, such responsibilities are carried out by the Deputy Chairman of the Rajya Sabha.
• Maximum time a Vice-President can act as President: He can act as President for a maximum of six months, after which a new President must be chosen.
• When the sitting President is unable to fulfil his obligations due to absence, illness, or any other reason, the Vice-President assumes those responsibilities until the President returns his position.

Removal of the Vice-President of India:

• According to the Constitution, the vice president can be dismissed by a resolution passed by the Rajya Sabha with an Effective majority (majority of all then members) and agreed upon by the Lok Sabha with a simple majority (Article 67(b)).
• However, no such resolution may be introduced until at least 14 days’ notice is provided. Notably, there are no grounds for removal listed in the Constitution.
• According to Article 122, no Vice President has ever been removed, and the deputy chairman of the Rajya Sabha cannot be challenged in any court of law.
• According to Article 71(1) of the constitution, the Supreme Court can also remove the vice president for perpetrating election malpractices and failing to meet the eligibility conditions for Rajya Sabha while in office. According to Article 71(1), the Supreme Court must also investigate any questions raised about a vice president’s behaviour and remove the vice president if found to be in contempt of the Constitution.