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Vice-President’s Mid-Term Resignation
Context
Vice-President Jagdeep Dhankhar resigned before completing his term, creating a rare mid-term vacancy in the second-highest constitutional office in India.
Constitutional Provisions:
- Article 63: There shall be a Vice-President of India.
- Article 66: Election of Vice-President.
- Article 67(b): The Vice-President may resign by writing under his hand addressed to the President.
- The Constitution does not provide for an acting Vice-President.
Function of Vice-President:
- Ex-officio Chairman of the Rajya Sabha (Article 64).
- In the event of resignation or vacancy, the Deputy Chairman of the Rajya Sabha performs the Chairman’s duties.
Election Procedure:
- Conducted under the Presidential and Vice-Presidential Elections Act, 1952.
- The electoral college comprises members of both Houses of Parliament, including nominated members.
- The election uses the proportional representation system by means of a single transferable vote, through a secret ballot.
- State legislatures do not participate in this election.
- The quota is calculated as:
- Quota = (Total Valid Votes ÷ 2) + 1
Term of Office:x
- Unlike a by-election for a Lok Sabha/Rajya Sabha seat, the newly elected Vice-President serves a full five-year term, not the remainder of the predecessor’s term.
Timeline for Election:
- No constitutional deadline, but as per practice, the Election Commission is expected to conduct the poll “as soon as possible.”
- The Secretary-General of Lok Sabha or Rajya Sabha acts as the Returning Officer, on a rotational basis.
Eligibility Criteria:
- Must be a citizen of India.
- Must have completed 35 years of age.
- Must be qualified to be elected to the Rajya Sabha.
- Must not hold any office of profit under the Union or State governments (exceptions: President, Vice-President, Governor, or Minister).
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PYQ: Who among the following can preside over the proceedings of the Lok Sabha in the absence of the Speaker and the Deputy Speaker of the Lok Sabha? (2017) (a) A member appointed by the President (b) A member nominated by the members of the Parliament present in the House (c) A member of the Panel of Chairpersons of the Lok Sabha (d) A senior most member of the House |
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