Election of the Vice President

In Context

• The Election Commission announced that the election to the office of the vice-president of India would be held on August 6. 
  • Vice-President Venkaiah Naidu’s term will end on August 10.

About Vice President of India 

• The Vice-President of India is the second highest constitutional office in the country.
• Term: He serves for a five-year term, but can continue to be in office, irrespective of the expiry of the term, until the successor assumes office.
• Duties: 
  • The Constitution is silent on who performs the duties of the Vice-President, when a vacancy occurs in the office of the Vice-President of India, before the expiry of his term, or when the Vice-President acts as the President of India. 
    • The only provision in the Constitution is with regard to the Vice-President’s function as the Chairperson of the Council of States (Rajya Sabha), which is performed, during the period of such vacancy, by the Deputy Chairperson of the Rajya Sabha, or any other member of the Rajya Sabha authorised by the President of India.
• Election: 

• The Vice-President is elected by an electoral college consisting of members of both Houses of Parliament, in accordance with the system of proportional representation by means of the single transferable vote and the voting in such election is by secret ballot(Article 66 (1)).
• The Electoral College to elect a person to the office of the Vice-President consists of all members of both Houses of Parliament.
• The Vice-President is not a member of either House of Parliament or of a House of a Legislature of any state. 
  • If a member of either House of Parliament or of a House of a Legislature of any state is elected as Vice-President, he is deemed to have vacated his seat in that House on the date he/she enters his office as Vice-President.
• Conditions: 
  • A person cannot be elected as Vice-President unless he –
    • is a citizen of India;
    • has completed the age of 35 years, and
    • is qualified for election as a member of the Council of States (Rajya Sabha).
    • A person is not also eligible if he holds any office of profit under the Government of India or a State Government or any subordinate local authority.
• Superintendence of the Election of the Vice-President:
  • The Election Commission of India conducts the election to the office of the Vice-President.
    • The Election Commission is mandated to ensure that the election to the office of the Vice-President of India must be a free and fair election and the Commission is taking all necessary steps for discharging its constitutional responsibility
• Disputes regarding Election of the Vice-President:
  • All doubts and disputes arising in connection with the election of the Vice-President are enquired into and decided by the Supreme Court of India whose decision is final.
    • A petition challenging the election of the Vice-President is heard by a five-judge bench of the Supreme Court of India.
• Resignation and Removal
  • The Vice-President may resign his office by submitting his resignation to the President of India. 
    • The resignation becomes effective from the day it is accepted.
  • The Vice-President can be removed from office by a resolution of the Council of States (Rajya Sabha), passed by a majority of its members at that time and agreed to by the House of the People (Lok Sabha). 
    • A resolution for this purpose may be moved only after a notice of at least a minimum of 14 days has been given of such an intention.

Source:IE