Election to the Office of Vice President of India

Why in News?

Recently, the resignation of Vice-President Jagdeep Dhankhar, the Election Commission of India will have to announce the election to fill the position.

The election of the next Vice-President is to be held within 60 days of the expiry of the outgoing Vice-President's term.

• Vice-President - Second highest office, next to the President in the official warrant of precedence.
• Office - Modelled in the lines of the American Vice-President.
• Source of power - Article 66(1) of Indian constitution.
• Mode of election - Indirect election held in accordance with the system of proportional representation by means of the single transferable vote and the voting is by secret ballot.
• Elected by - Electoral college consist of both elected and nominated members of the Parliament.
• Vote of choice - Members of the Electoral College can vote according to their choice and are not bound by any party whip.
• Winning percentage - 50% of the valid votes + 1.
• Qualifications
  • Citizen of India.
  • Completed 35 years of age.
  • Qualified for election as a member of the Rajya Sabha.
  • Not hold any office of profit under any government.
• Nomination of a candidate

• Supported by at least 20 electors as proposers and 20 electors as seconders as presented to the Returning officer.
  • Security deposit of Rs.15,000 in the Reserve Bank of India.

• Condition of office
  • He should not be a member of either House of Parliament or a House of the state legislature.
  • If such a person is elected as Vice-President, he should vacate his seat in that House on the date on which he enters the office as Vice-President.
• Term of Office
  • 5 years from the date on which he enters upon his office.
  • Hold office beyond his term of five years until his successor assumes charge.
  • Eligible for re-election for any number of terms.
• Vacancy in Office
  • On the expiry of his tenure of five years.
  • By his resignation.
  • On his removal.
  • By his death.
  • Becomes disqualified to hold office or when his election is declared void.
  • Constitution does not provide any method of succession apart from a fresh election.
  • In such an event, the Deputy Chairman can head the Rajya Sabha proceedings.
• Election dispute
  • All doubts and disputes regarding the election of the Vice-President are inquired into and decided by the Supreme Court, whose decision is final.
  • The election cannot be challenged on the ground that the electoral college was incomplete (i.e., the existence of any vacancy among the members of the electoral college).
  • If the election is declared void by the Supreme Court, acts done by him before such declaration are not invalidated (i.e., they continue to remain in force).

Reference

The Hindu| Election to the Office of Vice President of India