Parliament – Sessions, Procedures, Motions, Committees etc

How is Vice-President of India elected?

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Office of the VP

Mains level : Read the attached story

The Election Commission has announced that the election to the post of the Vice-President (VP) will be held on August 6, as M. Venkaiah Naidu’s term was coming to an end on August 10.

About Vice President of India

  • The VP is the deputy to the head of state of the Republic of India, the President of India.
  • His/her office is the second-highest constitutional office after the president and ranks second in the order of precedence and first in the line of succession to the presidency.
  • The vice president is also a member of the Parliament as the ex officio Chairman of the Rajya Sabha.

Qualifications

  • As in the case of the president, to be qualified to be elected as vice president, a person must:
  1. Be a citizen of India
  2. Be at least 35 years of age
  3. Not hold any office of profit
  • Unlike in the case of the president, where a person must be qualified for election as a member of the Lok Sabha, the vice president must be qualified for election as a member of the Rajya Sabha.
  • This difference is because the vice president is to act as the ex officio Chairman of the Rajya Sabha.

Roles and responsibilities

  • When a bill is introduced in the Rajya Sabha, the vice president decides whether it is a money bill or not.
  • If he is of the opinion that a bill introduced in the Rajya Sabha is a money bill, he shall refer it to the Speaker of the Lok Sabha.
  • The vice president also acts as the chancellor of the central universities of India.

Election procedure

  • Article 66 of the Constitution of India states the manner of election of the vice president.
  • The vice president is elected indirectly by members of an electoral college consisting of the members of both Houses of Parliament and NOT the members of state legislative assembly.
  • The election is held as per the system of proportional representation using single transferable votes.
  • The voting is conducted by Election Commission of India via secret ballot.
  • The Electoral College for the poll will comprise 233 Rajya Sabha members, 12 nominated Rajya Sabha members and 543 Lok Sabha members.
  • The Lok Sabha Secretary-General would be appointed the Returning Officer.
  • Political parties CANNOT issue any whip to their MPs in the matter of voting in the Vice-Presidential election.

Removal

  • The Constitution states that the vice president can be removed by a resolution of the Rajya Sabha passed by an Effective majority (majority of all the then members) and agreed by the Lok Sabha with a simple majority( Article 67(b)).
  • But no such resolution may be moved unless at least 14 days’ notice in advance has been given.
  • Notably, the Constitution does not list grounds for removal.
  • No Vice President has ever faced removal or the deputy chairman in the Rajya Sabha cannot be challenged in any court of law per Article 122.

 

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