GS2 – Polity
Context:
Vice President Jagdeep Dhankhar recently stepped down due to health concerns, creating an unexpected constitutional vacancy. This marks the third mid-term vacancy, preceded by V.V. Giri’s resignation in 1969 and the demise of Krishan Kant in 2002.
Resignation Procedure
- As per Article 67(a), the Vice President may resign by submitting a written letter to the President.
- The resignation becomes effective immediately upon submission and does not require formal acceptance.
- Following the resignation, the Deputy Chairman of the Rajya Sabha assumes the role of presiding officer, although not as Vice President.
Election After Vacancy
- Article 67 provides that the Vice President’s office may be vacated by resignation, removal, or upon term completion.
- Article 68(1) requires that an election be held without undue delay if the office is vacated before the end of the term.
- Unlike Article 62 for the President, which mandates a re-election within six months, Article 68 prescribes no fixed time frame.
- As per Article 68(2), the newly elected Vice President serves a full five-year term starting from the day of assuming office.
Election Process
- Article 66 mandates that the Vice President be elected indirectly by members of both Houses of Parliament using proportional representation through a single transferable vote and secret ballot.
- The electoral college comprises elected and nominated members of the Lok Sabha and Rajya Sabha; State Legislatures are excluded.
- The process is overseen by the Election Commission under the Presidential and Vice-Presidential Elections Act, 1952.
- Article 71 empowers the Supreme Court to adjudicate all disputes related to the Vice-Presidential elections.
Eligibility Criteria
- Under Article 66(4), a candidate must be at least 35 years of age.
- In accordance with Article 84, the individual must fulfill qualifications necessary for Rajya Sabha membership.
- The candidate should not hold an office of profit and must not be disqualified under Article 102.
Oath and Tenure
- Article 69 mandates that the elected Vice President take an oath of office administered by the President.
- The five-year term under Article 68(2) begins from the date of oath-taking.
- Article 67(c) allows the outgoing Vice President to remain in office until the successor assumes charge.
Removal Process
- The Vice President may be removed under Article 67(b) through a resolution passed by the Rajya Sabha.
- No specific grounds for removal are mentioned.
- The resolution must be introduced with a 14-day prior notice, explicitly stating the intent and reasons.
- It must be passed by an effective majority of the total membership of the Rajya Sabha.
- The Lok Sabha is notified after the passage of the resolution but has no role in voting.
- Unlike the President’s impeachment under Article 61, the removal of the Vice President does not require bicameral consensus.