Election Commission Must Hold Vice President Election Immediately: Constitutional Mandate
Why It’s in the News:
Jagdeep Dhankhar’s resignation as Vice President has created a mid-term constitutional vacancy.
As per constitutional provisions, the Election Commission must initiate fresh elections immediately.
No succession clause exists under the Constitution for VP, unlike the office of President.
Deputy Chairman of Rajya Sabha will officiate Rajya Sabha proceedings in the interim.
VP is elected through an electoral college consisting of both elected and nominated members of Lok Sabha and Rajya Sabha.
Voting follows the system of proportional representation by single transferable vote, and no whip can be issued to members
Articles Relevant to the Vice President:
Article 63: There shall be a Vice President of India
Article 64: VP shall be the ex-officio Chairman of the Rajya Sabha
Article 66: Election of Vice President
Elected by an Electoral College of both Houses of Parliament
Uses proportional representation (PR) with single transferable vote (STV) Secret ballot used; no party whip allowed
Article 67(a): Vice President may resign by writing to the President
No provision exists for succession or acting Vice President; fresh election is mandatory.
Presidential and Vice-Presidential Elections Act, 1952 & Rules, 1974
Legal Instruments:
- The Presidential and Vice-Presidential Elections Act, 1952, and its Rules, 1974, are the primary legal frameworks.
- They govern the conduct, nomination, and counting procedures for both constitutional posts.
Nomination Requirements (Vice-President):
- A candidate aspiring for the Vice-Presidency must have their nomination paper signed by 20 Members of Parliament (MPs) as proposers and another 20 MPs as seconders.
- This requirement is designed to ensure that only candidates with broad parliamentary support can contest the election.
- The nomination must be submitted to the Returning Officer appointed for the election.
Security Deposit Clause:
- A security deposit of ₹15,000 must be submitted along with the nomination paper.
- This deposit is forfeited if the candidate fails to secure one-sixth of the valid votes polled.
- This clause serves as a deterrent to non-serious or symbolic candidatures, ensuring the integrity of the electoral process.
Electoral College Composition (Vice-President vs. President):
- For the Vice-Presidential election, only Members of Parliament (MPs) participate as voters. This includes both elected and nominated members from both the Lok Sabha and the Rajya Sabha.
- Crucially, MLAs (Members of State Legislative Assemblies) do not participate in the Vice-Presidential election, which is a significant contrast to the Presidential election where MLAs also form part of the electoral college. This specific composition for the Vice-President’s election reflects the Vice President’s central parliamentary role as the ex-officio Chairman of the Rajya Sabha.