How is the Vice-President of India elected?

The Election Commission of India released on Tuesday (July 5) Election notification Vice President of India. Vice President M Venkaiah Naidu’s term of office ends on August 10. Elections are scheduled for August 6, and July 19 is the deadline for nominations.

Neither the NDA nor the opposition has announced their candidate yet, but Minority Affairs Minister Mukhtar Abbas Naqvi and Steel Minister RCP Singh both resigned on Wednesday (July 6), fueling speculation that Naqvi, in particular, could be the government’s candidate for the party. . election. Another name doing these tours is Kerala Governor Arif Muhammad Khan.

cum office

Article 63 of the Constitution states that “there shall be a Vice President of India.” Under Article 64, the Vice-President is “the ex officio Chairman of the Council of States” (Rajya Sabha).

Article 65 states that “In the event of any vacancy occurring in the office of the President due to his death, resignation, dismissal, or otherwise, the Vice President shall assume the functions of the President until the date of a new President… he shall take office.”

The Vice President also performs the duties of the President when the latter is unable to do so “due to absence, sickness, or any other reason.”

During this period, the Vice President shall enjoy “all the powers and immunities of the President and shall be entitled to … (the) remunerations, allowances, and privileges” due to the President. The position of Vice President of India is the second highest constitutional office after the President, and is second in order of precedence.

Vice President election

Article 66 sets out the process for electing the Vice-President.

It states that the Vice-President “shall be elected by the members of the Electoral College consisting of members of both Houses of Parliament in accordance with a system of proportional representation by individual transferable vote and voting in such elections shall be by secret ballot.”

For the 16th Vice President Election, 2022, the Electoral College consists of 233 members elected from the Rajya Sabha, 12 members elected from the Rajya Sabha, and 543 members elected from the Lok Sabha, adding up to 788 members. In a system of proportional representation by single transferable vote, the voter has to decide preferences against the names of the candidates.

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“A preference can be marked in the international form of Indian numerals, in the Roman form, or in the form in any recognized Indian language… The voter can specify as many preferences as the number of candidates. While marking the first preference is mandatory for the ballot to be valid, other preferences Optional,” the Election Commission of India said in a statement released on June 29.

Under the Constitution, the Vice President may not “be a member of either House of Parliament or of the House of the Legislature of any State”. If a member of either of these Houses is elected to such office, he “shall be deemed to have vacated his seat in that House on the date on which he assumes his office as Vice-President.”

Eligibility and term of office

Section 66(3) states that “No person shall be elected to the office of Vice-President unless he is— (a) a citizen of India; (b) having attained the age of thirty-five; and (c) qualified to be elected as a member of the Council of States.”

Under Article 66(4), “No person shall be entitled to be elected Vice-President if he holds any office of profit under the Government of India or the Government of any State or under any local authority or other authority under the control of any of the said Governments.”

Article 67 states that “the Vice President shall hold office for a period of five years from the date of his assumption of office.” However, the Vice President “shall, notwithstanding the expiration of his term of office, continue to hold office until his successor takes office.”

The Vice-President may leave office before the end of his term by resigning to the President, or “he may be impeached… by a decision of the Council of States passed by a majority of all the members of the House then and approved by the House of the People.”

What if the elections are in dispute?

Article 71 of the constitution deals with “matters related to or connected with the election of a president or vice president.” It states that “all doubts and controversies arising out of or in connection with the election of a President or Vice-President shall be investigated and decided upon by the Supreme Court whose decision shall be final.”

If the Supreme Court declares the election of the President or Vice President to be void, “the acts he has done in the exercise and performance of the powers and duties of the office of the President or Vice President, … on or before the date the decision of the Supreme Court shall not be invalidated by reason of such declaration.”

Also, “Parliament may, by law, regulate any matter relating to or connected with the election of a President or Vice President.”

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