The election procedure of the Vice President in India is crucial, as the Vice President is the second-highest constitutional office in the country. The Vice President is elected by an electoral college consisting of members of both Houses of Parliament (Lok Sabha and Rajya Sabha). The election process is outlined in Article 66 of the Constitution of India.
Importance of the Vice President:
- Constitutional Position:
- The Vice President is the ex-officio Chairman of the Rajya Sabha, one of the two houses of Parliament. This position is significant in the functioning of the legislative process in India.
2. Presiding Officer of Rajya Sabha:
- The Vice President presides over the Rajya Sabha, maintaining order during debates, deciding points of order, and having a casting vote in the case of a tie. This role is crucial for the effective functioning of the upper house of Parliament.
3. Successor to the President:
- In case of a vacancy in the office of the President or when the President is unable to discharge their functions, the Vice President assumes the duties of the President. This makes the Vice President an important constitutional functionary.
Election Procedure of the Vice President:
1. Eligibility Criteria:
- To be eligible for the office of the Vice President, a candidate must be eligible to be elected as a member of the Rajya Sabha.
2. Nomination:
- The Vice Presidential election process begins with the issuance of a public notice by the Election Commission of India announcing the election. Nominations are then invited from qualified candidates.
3. Proposers and Seconders:
- A candidate must be proposed by at least 20 members of the Electoral College (members of the Lok Sabha and Rajya Sabha) and seconded by another 20 members. This emphasizes the need for broad-based support.
4. Scrutiny of Nominations:
- The nominations are scrutinized by the Returning Officer, and if found valid, the list of validly nominated candidates is published.
5. Withdrawal of Candidates:
- Candidates have the option to withdraw from the election before a specified date. If there is only one candidate remaining after the withdrawal stage, that candidate is declared elected without the need for an actual election.
6. Polling:
- If more than one candidate remains in the fray after withdrawals, the election takes place through a secret ballot by the members of the Electoral College, which includes both Houses of Parliament.
7. Allocation of Weighted Votes:
- The value of votes of MPs is different for the Vice Presidential election. The value of an MP’s vote is calculated based on the total population of the country and the number of elected members of both Houses of Parliament.
8. Election by Single Transferable Vote:
- The election is conducted using the Single Transferable Vote (STV) system, allowing members to indicate their preferences by marking candidates in order of preference.
9. Declaration of Results:
- After the completion of the voting process, the votes are counted, and the candidate who secures the requisite quota is declared elected as the Vice President.
10. Oath of Office:
- The elected Vice President takes the oath of office before the President of India, and the term of office is five years.
Importance of a Fair Election:
- Democratic Values:
- A fair election process for the Vice President upholds democratic values and ensures that the individual elected has the support of a majority of members of both Houses of Parliament.
2. Legitimacy of the Office:
- A transparent and fair election process enhances the legitimacy of the Vice President’s office and contributes to the overall credibility of the constitutional system.
3. Effective Functioning of Parliament:
- The Vice President plays a crucial role in the effective functioning of the Rajya Sabha. A legitimate and well-supported Vice President is more likely to command respect and cooperation from members of Parliament.
4. Constitutional Continuity:
- A smoothly conducted election ensures the constitutional continuity in case the Vice President needs to assume the duties of the President.
The election of the Vice President is a significant constitutional process, and its importance lies in ensuring the efficient functioning of the legislative process and upholding democratic principles in India.
