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Sunday, May 25, 2014

How is the Vice - President of India Elected?


Introduction

Article 63 and 64 mandates that there shall be a Vice President of India who also shall be ex officio Chairman of the Rajya Sabha and shall not hold any other office of profit. However, during the period when the Vice President acts as President, he shall not perform the duties of Chairman of Rajya Sabha.

Article 65 states that in the event of any vacancy (including when the President is unable to discharge his functions) in the office of the President, the Vice President shall act as the President of India until a new President is elected. The Vice President shall have all the powers of the President during such period.

Eligibility for the Post of Vice - President

1. He shall not be a member of either House of Parliament or Legislature of any state. If he is so and he is elected Vice President, he shall be deemed to have vacated his seat in that House.
2. He must be a citizen of India.
3. He must have completed the age of thirty-five years.
4. He is qualified for election as a member of the Council of States.
5. He must not hold any office of profit. (A person shall not be deemed to hold any office of profit by reason only that he is the President or Vice - President of the Union or the Governor of any State or is a Minister either for the Union or for any State.)

The Vice - President of India shall hold office for a term of five years. There are two ways by which he can be removed.

1. Vice - President may, by writing under his hand addressed to the President, resign his office.
2. A Vice - President may be removed from his office by a resolution of the Rajya Sabha passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha.

However, a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. Also, an election to fill a vacancy caused by the expiration of the term of office of Vice - President shall be completed before the expiration of the term. Whatever may be the reason for an election to fill vacancy of Vice - President, the person election to fill the vacancy shall be entitled to hold office for the full term of five years.

Election of Vice - President of India

Article 66(1) of the Constitution provides that the Vice - President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament including the nominated members in accordance with the system of proportional representation by means of the single transferable vote by a secret ballot. The mode of election of the Vice - President differs from that of the President insofar as the elected members of the Legislative Assemblies of States do not form part of the Electoral College for the election of the Vice - President.

The Electoral Process is governed by the Presidential and Vice - Presidential Elections Act, 1952 (Hereinafter referred to as ‘Act’). The Election of the Vice - President is conducted by the Election Commission. A notification to this effect is issued by the ECI in consultation with the Government of India, appointing a Returning Officer for the purposes of Vice - President’s Election.

By convention, the Secretary-General, Lok Sabha or the Secretary-General, Rajya Sabha with the approval of the Speaker, Lok Sabha or the Chairman, Rajya Sabha, as the case may be, is appointed in rotation, as the Returning Officer to conduct such an election.

Every candidate shall deposit a sum of Rs.15,000 only in cash with the Returning Officer at the time of presentation of the nomination paper.

After counting the total valid votes (a ballot paper shall be invalid if it is not marked properly thereby rendering the vote invalid) polled by each candidate, the Returning Officer totals up the valid votes polled by all the contesting candidates.

The quota for declaring a candidate as elected is determined by dividing the total valid votes by 2 and adding one to the quotient, ignoring the remainder, if any.

Example:
Let us assume the total valid votes polled by all candidates to be 701. The quota required for getting elected would be:
701/2 + 1 = 350.50 + 1 (Ignore 0.50)
Quota = 350 + 1 = 351

After ascertaining the quota, the Returning Officer has to see whether any candidate secured the quota for being declared as elected on the basis of the total of first preference votes polled by him/her.

If no candidate gets the quota on the basis of first preference votes, then the Returning Officer proceeds further to second round of counting during which the candidate having lowest number of votes of first preference is excluded and his votes are distributed among the remaining candidates according to the second preference marked on these ballot papers. The other continuing candidates receive the votes of excluded candidate at the same value of ONE.

The Returning Officer will go on excluding the candidates with lowest number of votes in subsequent rounds of counting till either one of the continuing candidates gets the required quota or till only one candidate remains in the field as the sole continuing candidate[1].

When the counting is complete and the result of the voting has been determined, the Returning Officer shall declare the result to those present. The declaration mentioned is at once communicated by the Returning Officer to the Election Commission and the Ministry of Law and Justice.





[1] Electing the President and the Vice - President, Lok Sabha Secretariat, New Delhi, June 2012.

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