Context: Mr. Jagdeep Dhankhar, 14th Vice President of India, has tendered his resignation with immediate effect citing health reasons.
Relevance of the topic:
Prelims: Constitutional provisions related to the Vice President of India.
Mains: Implications of a mid-term resignation of the Vice President in a parliamentary democracy.
Vice President Resigns Mid-Term
- Jagdeep Dhankhar assumed the Office of Vice President in August 2022.
- He is only the third Vice-President in India’s history to resign before completing his term. Earlier V.V Giri and R. Venkatraman stepped down to contest presidential elections.
Who performs the Vice President’s duties now?
- The Constitution does not provide for an acting Vice President.
- However, since the Vice-President is also the ex-officio Chairman of the Rajya Sabha, the Deputy Chairman, currently Harivansh Narayan Singh, will preside over the House in his absence.
When will the Elections be held?
- In the case of the President, the Constitution requires that a vacancy be filled within six months. But for a Vice Presidential vacancy, there is no such fixed deadline. The only requirement is that the election be held “as soon as possible” after the post falls vacant.
- The Election Commission of India will announce the schedule. The poll is conducted under the Presidential and Vice Presidential Elections Act, 1952.
- As per convention, the Secretary General of either House of Parliament is appointed as the Returning Officer, in rotation.
How long will the new Vice President serve?
- The elected candidate will serve a full five-year term from the date of assuming office- not just the remainder of Dhankhar’s tenure.
How is the Vice President elected in India?
- The Vice President is elected by an electoral college made up of members from both Houses of Parliament (Lok Sabha and Rajya Sabha) including nominated members.
- Unlike in a Presidential election, state legislatures do not participate.
- Voting is held in Parliament House in New Delhi by secret ballot, using the system of proportional representation with a single transferable vote.
- Each Member of Parliament (MP) casts a vote by ranking candidates in order of preference. All votes carry equal value.
- To be declared elected, a candidate must reach a required minimum number of votes- called the quota. This is calculated by dividing the total number of valid votes by two and adding one (fractions, if any, are ignored).
- If no candidate crosses the quota in the first round, the one with the fewest first-preference votes is eliminated, and their votes are transferred to the remaining candidates based on second preferences. The process continues until one candidate crosses the quota.
What are the eligibility criteria for Vice Presidential candidates?
A person contesting for the post of Vice President must be :
- A citizen of India
- At least 35 years old
- He must be qualified to be elected to the Rajya Sabha, and registered as an elector in any parliamentary constituency.
- He must not hold any office of profit under the central or state governments, except positions like President, Governor, or Minister.
