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Election of the Vice-President of India: Process, Eligibility, and Constitutional Provisions

Election Of Vice-President Of India: Key Details And Constitutional Provisions

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Election Of Vice-President Of India: Key Details And Constitutional Provisions
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Description

Following the resignation of Vice-President Jagdeep Dhankhar, the Election Commission of India (ECI) is constitutionally mandated to initiate the process of electing a new Vice-President without delay, as this high constitutional office cannot remain vacant.

Election Procedure For Vice-President

The Vice-President is chosen by an electoral college that comprises the members of both the Lok Sabha and Rajya Sabha. The election is conducted through a proportional representation system using a single transferable vote, and the voting is done via secret ballot.

Unlike the President's election where the electoral college includes elected members of both Parliament and State Legislative Assemblies the Vice-President is elected solely by all members (elected and nominated) of both Houses of Parliament.

The Vice-President does not hold membership in either House of Parliament or in any state legislature. If a sitting MP or MLA is elected to the post, their legislative seat is considered vacated on the day they assume office.

Eligibility Criteria

To be eligible for election as Vice-President, a candidate must:

  • Be a citizen of India,

  • Be at least 35 years old,

  • Be qualified to become a member of the Rajya Sabha.

A person holding any "office of profit" under the central or state government, or any local or subordinate authority, is disqualified from contesting.

Timelines And Term

  • If the vacancy arises due to the completion of the incumbent's term, the election process must be concluded before the term ends.

  • In cases where the office becomes vacant due to resignation, death, removal, or other reasons, the election must be held as soon as possible.

  • The newly elected Vice-President serves a full five-year term starting from the date they enter office.

Authority And Administrative Responsibilities

Under Article 324 of the Constitution, the Election Commission of India is empowered to conduct the election to the Vice-President's office. The Secretary-General of either the Lok Sabha or the Rajya Sabha (on a rotational basis) is usually appointed as the Returning Officer for the election.

Nomination And Security Deposit

To contest, a candidate must be nominated by at least 20 Members of Parliament (MPs) as proposers and 20 MPs as seconders. Additionally, a security deposit of Rupees 15,000 is required to be submitted.

Resolving Election Disputes

Any disputes or questions related to the election are adjudicated solely by the Supreme Court of India. A challenge to the election is heard by a five-judge bench, and the Court's decision is final and binding.


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