A vacancy in the office of the Vice President in India can occur due to various reasons, including the completion of the term, resignation, death, removal, or any other circumstance that renders the Vice President unable to discharge the duties of the office. The Constitution of India, particularly Articles 67 and 68, provides for the procedure to fill a vacancy in the office of the Vice President.
1. Completion of Term:
- At the end of the Vice President’s five-year term, a vacancy arises in the office. The term is not renewable, but the outgoing Vice President is eligible for re-election.
2. Resignation:
- If the Vice President wishes to resign from the office, they can do so by submitting the resignation to the President of India.
3. Death:
- In the unfortunate event of the Vice President’s death, a vacancy is created in the office. The death could be due to natural causes, illness, or any other reason.
4. Removal:
- The Vice President can be removed from office before the completion of the term if a resolution to that effect is passed by the Rajya Sabha with a special majority. This requires a majority of the total membership of the Rajya Sabha and a majority of not less than two-thirds of the members present and voting.
5. Inability to Discharge Duties:
- If the Vice President becomes unable to discharge the duties of the office due to illness or any other reason, it may lead to a vacancy. In such cases, the Vice President may voluntarily step down or may be declared unable to discharge duties by a competent medical authority.
6. Election to Fill Vacancy:
- In the event of a vacancy in the office of the Vice President due to any of the above reasons, a new Vice President must be elected within six months.
Procedure for Filling the Vacancy:
a. Notification of Vacancy:
- When a vacancy occurs, the Election Commission of India issues a public notification announcing the vacancy in the office of the Vice President.
b. Nominations:
- Nominations are invited from eligible candidates who meet the qualifications for the office. A candidate needs to be eligible for election as a member of the Rajya Sabha.
c. Proposers and Seconders:
- Candidates must be proposed by at least 20 members of the Electoral College (members of both Houses of Parliament) and seconded by another 20 members.
d. Scrutiny of Nominations:
- The nominations are scrutinized by the Returning Officer, and if found valid, the list of validly nominated candidates is published.
e. 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.
f. 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.
g. 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.
h. Oath of Office:
- The newly elected Vice President takes the oath of office before the President of India.
Filling the vacancy in the office of the Vice President is a constitutional process that ensures the continuity of the second-highest office in the country. The procedure involves a democratic election by members of both Houses of Parliament, and the individual elected assumes the responsibilities and privileges associated with the office.
