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Subject: Polity

Topic: Vice-President of India

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Introduction

The Vice-President of India is the second highest constitutional office in the country. He serves for a five-year term, but can continue to be in office, irrespective of the expiry of the term until the successor assumes office.
Art. 63 declares: “There shall be a Vice-President of India That is the office cannot remain vacant.

Election

Qualifications

A person cannot be elected as Vice-President unless he

• is a citizen of India

• has completed the age of 35 years, and

• is qualified for election as a member of the Council of States (Rajya Sabha).

Under Article: 102. a person cannot become a Member of Sabha or Rajya Sabha if he is of unsound mind and a competent court has declared so, an undischarged insolvent, has voluntarily acquired the citizenship of a foreign state or if he has been disqualified under any parliamentary law.

A person is not eligible if he holds any office of profit under the Government of India or a State Government or any subordinate local authority (Art. 66.4)

The Vice-Presidents not a member of either House of Parliament or of a House of a legislature of any state. If a member of either House of Parliament or of a House of a legislature of any state is elected as Vice-President, he is deemed to have vacated his seat in that House on the date he/she enters his office as Vice-President (Art.662).

Manner of election

The Vice-President is elected by an electoral college consisting of members of both Houses of Parliament, in accordance with the system of proportional representation by means of the single transferable vote and the voting in such election is by secret ballot. The Electoral College to elect a person to the office of the Vice-President consists of all members of both Houses of Parliament unlike that of the President of India where nominated members of the Parliament have no role.

Superintendence of the Election of the Vice-President

The Election Commission of India conducts the election to the office of the Vice- President.

Important Provisions relating to the Election of the Vice-President are:

The election of the next Vice-President is to be held within 60 days of the expiry of the term of office of the outgoing Vice-President.

The Returning Officer appointed to conduct the Vice-Presidential sections is the Secretary-General of either House of the Parliament by rotation.

Any person qualified to be elected and intending to stand for election as Vice-President is required to be nominated by at least 20 MPs as proposers and at least 20 MPs as seconders.

A candidate seeking election as Vice-President is required to make a security deposit of Rs. 15,000/-. He loss the security deposit if he does not secure 1/6th of the valid votes.

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