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Re-election Procedure for India’s Vice-President

Re-election Procedure for India’s Vice-President

Re-election Procedure for India’s Vice-President | UPSC Compass

Why in News?
  • Almost two years before his term was up, Vice-President Jagdeep Dhankhar resigned, citing health concerns.
Regarding India’s Vice-President Procedure for Re-election:
Provisions of the Constitution:
Article 63: India will have a vice president.
Article 66(1): States that members of an electoral college made up of representatives from the Lok Sabha and Rajya Sabha elect the vice president.
Article 68(2): Unlike presidential elections, which have a six-month deadline, there is no set timeframe for filling a vacancy brought on by resignation.
Statutory Framework:
• The Presidential and Vice-Presidential Elections Act of 1952 and the Election Rules of 1974 regulate the vice presidential election process.
• Carried out by the Indian Election Commission (ECI).
Step-by-step Timetable Following Notification:
• Nominations must be filed within 14 days of the notification date.
Nomination documents: At least 20 proposers and 20 seconders from the electoral college must support these.
Scrutiny of Nominations (1 day): The Returning Officer reviews nomination papers to make sure they adhere to all election-related legal and procedural requirements.
Candidate withdrawal (2 days): Within two days following scrutiny, candidates who would like to withdraw from the competition may do so by sending in a written notice of withdrawal.
Polling Date (Less than 15 Days After Withdrawal): In order to allow for ballot paper printing and logistical preparation, polling must take place at least 15 days following the last date of withdrawal, if an election is required.
Total Minimum Time: The process takes at least 32 days from the notification date to the polling date, making it challenging to finish before the conclusion of the current parliamentary session.
Electoral College Members:
• Lok Sabha (House of the People) – elected members only.
• Since the provision for Anglo Indian nominations was eliminated by Constitutional Amendment 104th, the Lok Sabha currently lacks nominated members.
• Both elected and nominated members of the Rajya Sabha (Council of States).
• Note: Unlike presidential elections, state legislative assemblies do not vote in the vice presidential election.
Method of Voting:
• Single Transferable Votes (STV) are used in proportional representation.
• The Election Commission of India conducted a secret ballot.
The Vice President’s Function and Importance:
• Rajya Sabha’s ex-officio chairman (Article 64).
• Assumes the role of President in the event of a vacancy (Article 65).
• Essential for managing disturbances, promoting legislative discussions, and upholding parliamentary decorum.
• Has a constitutional role that is nonpartisan and separate from the political executive.