Vice-President resigns mid term

Context: In A surprise late-evening development, Vice President Jagdeep Dhankhar announced on Monday that he was stepping down from his post, two years to go for the end of his five-year tenure, citing health concerns. His resignation, addressed to President Droupadi Murmu, was with immediate effect, and hence it is unlikely that Dhankhar will be presiding over the Rajya Sabha in his capacity as its ex-officio Chairman.

Vice President

• It night has created a rare mid-term vacancy in the country’s second-highest Constitutional office.
• He is only the third Vice-President in India’s history to resign before completing his term, after VV Giri and R Venkataraman-both stepped down to contest presidential elections

Who performs the Vice-President’s duties now?

• The Constitution does not provide for an acting Vice-President.
• However, since the Vice-President is also the ex-officio Chairman of the Rajya Sabha, the Deputy Chairman, currently Harivansh Narayan Singh, will preside over the House in his absence.

When will election be held?

• In the case of the President, the Constitution requires that a vacancy be filled within six months.
• But for a Vice-Presidential vacancy, there is no such fixed deadline. The only requirement is that the election be held “as soon as possible” after the post falls vacant.
• The Election Commission will announce the schedule.
• The poll is conducted under the Presidential and Vice-Presidential Elections Act, 1952. As per convention, the Secretary General of either House of Parliament is appointed as the Returning Officer, in rotation.

How long will the new Vice-President serve?

The elected candidate will serve a full 5-year term from the date of assuming office – not just the remainder of Dhankhar’s tenure.

How is a new Vice-President elected?

• Electoral college is made up of (Article 71)
• members from both Houses of Parliament – Lok Sabha and Rajya Sabha
• including nominated members.
• Unlike in a presidential election, state legislatures do not participate.
• Voting is held in Parliament House, by secret ballot, using the system of proportional representation with a single transferable vote.
• Each MP casts a vote by ranking candidates in order of preference.
• All votes carry equal value.
• To be declared elected, a candidate must reach a required minimum number of votes called the quota.
• This is calculated by dividing the total number of valid votes by two and adding one.
• If no candidate crosses the quota in the first round, the one with the fewest first-preference votes is eliminated, and their votes are transferred to the remaining candidates based on second preferences.
• The process continues until one candidate crosses the quota.

What are the eligibility criteria for candidates?

• Must be a citizen of India,
• At least 35 years old,
• Qualified to be elected to the Rajya Sabha,
• Registered as an elector in any parliamentary constituency.
• They must not hold any office of profit under the central or state governments, except positions like President, Governor, or Minister.

Important Provisions

• Article 63: Establishes the Vice-President as the second highest office in India.
• Modelled on the American Vice-President.
• Dispute Resolution: Addressed by the Supreme Court; acts performed before a void declaration remain valid.

Nomination

• Requires 20 proposers and 20 seconders.
• Security Deposit: ₹15,000 to the RBI.
• Oath of Office: Administered by the President or an appointed representative (Article 69).
• Conditions of Office:
• Cannot be a member of Parliament or state legislature; vacates seat upon assuming office.
• Emoluments, Allowances, and Privileges:
• The Constitution does not specify emoluments for the Vice-President in this role. Receives salary as Chairman of the Rajya Sabha.

Term of Office (Article 67)

• Term: 5 years; eligible for re-election.
• Resignation to be submitted to the President. (Article 67(a))
• Holds office until a successor is in place.

Removal:

• Impeachment Not Required: Can be removed through a Rajya Sabha resolution passed with effective majority, requiring a simple majority in the Lok Sabha.
• 14 days notice needed; no grounds specified for removal.

Vacancy

• Causes: Expiry of term, resignation, removal, death,disqualification, or void election.
• Elections to fill vacancies must occur before term ends.

Powers

• Ex-Officio Chairman of Rajya Sabha (Article 64): Similar powers to the Speaker.
• Acts as President (Article 65) when there’s a vacancy, for a maximum of six months until a new President is elected.
• When the President is unable to function, the Vice-President performs duties, with the Deputy Chairman taking on Rajya Sabha responsibilities.

Comparison with American Vice-President

The Indian Vice-President acts as an acting President until a new President is elected. The American Vice-President succeeds directly and serves the unexpired term.