The Vice President is the second most significant constitutional office in India, serving for a term of five years. The occupant can continue in office irrespective of the term’s expiry until a successor assumes it. They may resign by submitting the resignation to the President, which is effective from the day it is accepted. The Vice President can be removed by a resolution of the Council of States (Rajya Sabha) passed by a majority of members and agreed upon by the House of the People (Lok Sabha). A notice of at least 14 days must precede such an intention.
The Vice President serves as the ex-officio Chairperson of the Council of States (Rajya Sabha) and does not hold any other office for profit.
Eligibility Criteria for Vice-Presidency
Candidates vying for the post of Vice-President must meet specific criteria. They need to be Indian citizens, should have completed 35 years of age, and should qualify for election as a member of the Rajya Sabha. Also, they shouldn’t hold any office of profit under the Union government, any state government, any local authority, or any other public authority.
The Electoral College: Role and Composition
The Electoral College elects the Vice-President, as per Article 66 of the Constitution of India. This Electoral College consists of elected members of Rajya Sabha and Lok Sabha, along with nominated members of Rajya Sabha.
Election Procedure for Vice-Presidency
According to Article 68 of the Constitution, the election to fill the vacancy due to the expiration of the term of the outgoing vice-president has to be completed before the term ends. In conjunction with the Presidential and Vice-Presidential Elections Act, 1952, and the Presidential and Vice-Presidential Elections Rules, 1974, Article 324 of the Constitution mandates the Election Commission of India to supervise, direct, and control the election.
The notification for an election should be issued sixty days before the expiration of the term of the outgoing Vice-President. The value of the vote of each Member of Parliament would be equal, i.e., one.
The Election Commission, in collaboration with the Central Government, appoints the Secretary-General of Lok Sabha and Rajya Sabha as the Returning Officer. Subsequently, the Secretary-General, Lok Sabha will act as the Returning Officer for the current election. Assistant Returning Officers are designated at Parliament House (Lok Sabha) to assist Returning Officers.
Examination Questions on the Role of Vice-President
In the UPSC Civil Services Exam, 2013, the following questions were posed: One, are the Chairman and Deputy Chairman of the Rajya Sabha members of the House? Two, do the nominated members of both Houses have voting rights in the Presidential election and the election of Vice President?
The answer to the first question is partially correct. The Vice President, who is the ex-officio Chairman of the Rajya Sabha, but not its member, presides over its sessions. However, the Deputy Chairman is a member of the Rajya Sabha.
The answer to the second question is that the nominated members of the two Houses do not have voting rights in the Presidential election. On the contrary, they do have the right to vote in the Vice-President’s election. Hence, the correct answer to the question was option (b).
