What happens when a vacancy in the Vice-President’s office occurs?

What happens when a vacancy in the Vice-President’s office occurs?

The Constitution of India provides for the office of the Vice-President. Vice-President occupies the second highest office in the country next to the President.

The Vice-President is elected for a term of five years. He/she may resign from the office of the Vice-President even before the expiry of five years by writing to the President. The Vice President can be removed before five years if a resolution to this effect is passed by a majority of members of Rajya Sabha and agreed to by the Lok Sabha.

A vacancy in the Vice-President’s office can occur in any of the following ways:

1 . On the expiry of his tenure of five years.

2 . By his resignation.

3 . On his removal.

4 . By his death.

5 . Otherwise, for example, when he becomes disqualified to hold office or when his election is declared void.

When the vacancy is going to be caused by the expiration of the term of the sitting Vice-President, an election to fill the vacancy must be held before the expiration of the term.

If the office falls vacant by resignation, removal, death or otherwise, then election to fill the vacancy should be held as soon as possible after the occurrence of the vacancy.

The newly elected vice-president remains in office for a full term of five years from the date he assumes charge of his office.

Only three Vice-Presidents in India’s history have resigned before completing their term – V.V. Giri, R. Venkataraman and Jagdeep Dhankhar. V.V. Giri and R. Venkataraman stepped down to contest presidential elections and were succeeded by Gopal Swarup Pathak and Shankar Dayal Sharma, respectively.

Vice-President Krishan Kant has been the only one to die during his tenure.

None of the Vice-Presidents of India been removed before completing their term. However, Vice-President Jagdeep Dhankhar faced the removal process, but the motion for his removal was not accepted in the Rajya Sabha.

Two Vice-Presidents have been re-elected – Sarvepalli Radhakrishnan and Mohammad Hamid Ansari.

The Constitution does not provide for an acting Vice-President. However, since the Vice-President is also the ex officio Chairman of the Rajya Sabha, the Deputy Chairman —will preside over the House in his absence.

The Vice-President of India is elected indirectly by an electoral college consisting of members of both Houses of Parliament, on the basis of proportional representation by means of single transferable vote system. The voting is held by secret ballot.

Each MP casts a vote by ranking candidates in order of preference. All votes carry equal value. To be declared elected, a candidate must reach a required minimum number of votes — called the quota. This is calculated by dividing the total number of valid votes by two and adding one (fractions, if any, are ignored).

If no candidate crosses the quota in the first round, the one with the fewest first-preference votes is eliminated, and their votes are transferred to the remaining candidates based on second preferences. The process continues until one candidate crosses the quota.

The poll is conducted under the Presidential and Vice-Presidential Elections Act, 1952. As per convention, the Secretary General of either House of Parliament is appointed as the Returning Officer, in rotation.

To be eligible for election as Vice-President, a person should fulfil the following qualifications:

He should be a citizen of India.

He should have completed 35 years of age.

He should be qualified for election as a member of the Rajya Sabha.

He should not hold any office of profit under the Union government or any state government or any local authority or any other public authority.

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