NEW DELHI: The Election Commission has started the process for electing the next Vice President of India following the abrupt resignation of Jagdeep Dhankhar on July 21 citing health reasons. In the case of a President’s resignation, the Vice President is sworn-in as the acting President. However, there is no such provision of nominating an acting vice president in the event of the incumbent's exit mid-term.
The Constitution gives no option other than holding a fresh election as soon as possible, clearly indicating it is a lightweight post. So, the poll body started the formalities as soon as the President Droupadi Murmu accepted Dhankhar’s resignation and the Ministry of Home Ministry notified it.
Since the Vice President is also the ex-officio Chairman of the Rajya Sabha, those duties are automatically vested in the deputy chairman until a new V-P is elected. In the interim, Rajya Sabha deputy chairman Harivansh Narayan Singh is presiding over the Upper House. This is a temporary arrangement which is limited to parliamentary functions; the deputy chairman does not have the title or powers of the vice president.
Dhankhar, who took office on August 11, 2022 replacing M Venkaiah Naidu, had two more years left in his five-year term. His successor, however, will not be elected just for the remainder period. He, or she, will have a full five-year term from the date of assuming office.
Election process
The Vice President is elected through an indirect election conducted by an electoral college comprising elected as well as nominated members of the Lok Sabha and Rajya Sabha. Only Parliament MPs can vote, MLAs of state Assemblies can't. Voting is done by secret ballot, using the single transferable vote system of proportional representation. Members of the electoral college are not bound by any party whip.
The election process is similar to that of the President but the electoral college is different. In presidential elections, nominated members are not part of the electoral college. Also, for the vice president’s election, states have no role to play unlike in the presidential polls, where elected members of state legislative assemblies are part of the electoral college.
Who can contest
To run for vice president, the candidate must be a citizen of India, at least 35 years of age, a member of the Rajya Sabha and not hold any office of profit. The nomination paper has to be subscribed by at least 20 electors as proposers and 20 electors as seconders. The Vice President holds office for a five-year term but can continue even after expiry of the term until a successor is elected.
The Constitution does not restrict the number of terms a person can serve as vice-president. So, a former V-P is eligible to contest again — immediately after completing a term or after a gap. They can serve multiple terms if elected through the prescribed process. S Radhakrishnan (1952-1962) and Mohammad Hamid Ansari (2007-2017) served two consecutive terms in office.
Presidential role
The office of vice president is the second-highest constitutional office after the president and first in the line of succession to the presidency. The V-P also acts as President — for a maximum six months — when the latter is unable to function for whatever reason. While discharging the functions of President, the V-P does not perform the duties of the office of the chairman of the Rajya Sabha.
What next
As per the Presidential and Vice-Presidential Elections Act, 1952, once the poll notification is issued, the Election Commission is mandated to complete the process, including nominations, scrutiny, withdrawals, polling, and counting, within a maximum of 32 days. Article 68(2) of the Constitution does not fix a timeline within which the mid-term V-P election must be held, but mandates that the election be conducted “as soon as possible”. However, a new Vice President is expected to be in office by the last week of August.
Numbers game
Since the Vice President is elected by members of Parliament, the NDA can comfortably get its candidate elected. The current combined strength of the two Houses stands at 786, factoring in six vacancies. Assuming that there is a 100% turnout, a candidate will need 394 votes to win. The NDA has 293 MPs in the Lok Sabha and 129 in the Rajya Sabha, giving it a combined strength of 422 votes — well above the required figure.