What the laws say about Vice-President's sudden resignation and vacancy

India Today

4 days ago

The resignation of Vice-President Jagdeep Dhankhar came as a surprise to the country in the midst of the crucial ongoing Monsoon Session of the Parliament.The Constitution of India, read with other legislation like the Presidential and Vice-Presidential Elections Act, 1952 and the Rules framed under the Act deal extensively with what the procedure is to be followed when a Vice-President tenders his resignation.advertisementWHAT DOES CONSTITUTION SAY?Several provisions of the Constitution deal with the resignation or removal of the Vice-President, their powers, their tenure and the election process to select the new Vice President.
Articles 63, 64 and 65 lay down the foundational basis for the constitutional post of the Vice-President of India — designating him as the ex-officio Chairman of the Rajya Sabha and empowering him to discharge the duties of the President of India during casual vacancies or the absence of the President.Article 66 of the Constitution deals with the criteria laid down for the election of the Vice-President. The provision says that the Vice-President is to be elected by members of an electoral college consisting of members of both Houses of the Parliament in accordance with the system of proportional representation. This election is done by way of a single transferable vote and the voting is done through a secret ballot.To be eligible, a person must be an Indian citizen, at least thirty-five years old, and qualified for membership in the Rajya Sabha, and cannot hold any office of profit other than the aforementioned constitutional posts.Article 67 lays down that the Vice-President is entitled to hold office for a term of five years. The provision also allows the Vice President to resign from office by way of a signed letter addressed to the President of India. In case the Vice-President is to be removed, it must be done via a resolution of the Rajya Sabha passed by a majority of all the present members and agreed to by the Lok Sabha. However, such a resolution can be moved only after at least fourteen-days' notice has been given to the Vice-President communicating the intent to move a resolution for his removal.Importantly, Article 67 says that a Vice-President, even after his resignation or the expiry of his term, will continue to hold office until his successor enters his office.Article 68 is particularly pivotal in cases such as a Vice-President's resignation. It specifies that an election to fill a vacancy caused by the expiration of the term must be completed before the term ends. More importantly, when a vacancy occurs due to resignation, death, removal, or otherwise, an election must be held as soon as possible after the vacancy arises.advertisementThe new Vice-President is entitled to a fresh full term of five years from the date of assumption, thereby ensuring the continuity and legitimacy of the office.Article 71 of the Constitution empowers the Supreme Court of India to deal with and decide any and all issues arising out of or in connection with the election of a President or Vice President of India.WHAT DO OTHER LAWS SAY?Turning to the statutory framework, the Presidential and Vice Presidential Elections Act, 1952, and the related Rules of 1974, expand on these provisions.The Act mandates that the Election Commission of India (ECI) is responsible for setting dates for nominations, scrutiny, withdrawal, and polling. In the case of a vacancy due to resignation or removal, the ECI is duty-bound to notify and conduct the elections as soon as reasonably possible after the occurrence of the vacancy, echoing the constitutional direction.The procedure for nominations, scrutiny, withdrawals, and counting of votes relies on the single transferable vote system and is meticulously detailed in the 1974 Rules. The polling for the Vice-President's election always takes place in Parliament House in New Delhi and under the watchful eye of ECI-appointed officers and with the participation of only MPs as electors.advertisementNotably, both the Constitution and the Act vest the ECI with the 'superintendence, direction, and control' of these elections — rooted in Article 324 of the Constitution and echoed in the Act and Rules — giving the ECI comprehensive and essentially plenary powers to plan, execute, and supervise all aspects of these elections.This includes not only following prescribed procedures but also resolving unforeseen situations, always with the imperative that elections are fair, transparent, and completed without undue delay.A key procedural element that the ECI is entrusted with is the notification of the election. Upon the need to fill the Vice-President's office, the ECI sets and publishes a schedule for the process. This public notice must specify important dates such as the last date for making nominations, the date for scrutiny of nominations, the last date for withdrawal of candidates, and the date on which a poll, if necessary, will be taken.The nomination process itself is detailed, requiring each candidate to be nominated by at least twenty electors as proposers and another twenty as seconders, all of whom must be members of the designated electoral college. Every nomination paper must be accompanied by a security deposit as prescribed by the Act and Rules. The Returning Officer is responsible for scrutinising the nomination papers on the date specified in the notification, ensuring eligibility as per constitutional and statutory requirements. If a nomination is rejected, the officer must provide written reasons.advertisementWithdrawal of candidates is permitted, provided it is done before the notified deadline, after which the final list of validly nominated candidates is published. In the event that only one candidate remains validly nominated at the end of this process, that candidate is declared elected unopposed.Where more than one valid nomination subsists, a poll is conducted. Voting is by secret ballot and follows the system of proportional representation by means of a single transferable vote. The polling venue for a Vice-President's election is invariably the Parliament House in New Delhi, with the precise location and timings fixed and notified by the Election Commission. Every MP who is an elector may cast only one vote and may indicate as many preferences as there are candidates. The Rules mandate strict maintenance of secrecy in the voting process.advertisementAfter voting, the ballots are counted following the single transferable vote method. If any candidate secures the required quota of votes in the first round, they are declared elected; if not, the counting proceeds in rounds, eliminating the candidate with the fewest votes in each round and transferring their votes according to second or subsequent preferences until a candidate attains the quota.The Returning Officer then declares the result and communicates it to the Central Government, which is required to publish the result in the Official Gazette.WHO DECIDES ISSUES ARISING OUT OF ELECTION OF A VICE-PRESIDENT?Judicial oversight, as stated above, exists solely in the Supreme Court, whose jurisdiction is invoked only if the validity of the election is challenged, ensuring that the autonomy and authority of the ECI in conducting the process remains robust and undisturbed during regular functioning.The Act stipulates the form and period for filing such petitions, the reliefs that may be claimed, and grounds upon which an election may be declared void, including corrupt practices, disqualification, improper acceptance or rejection of nominations, and material non-compliance with constitutional or statutory requirements. Notably, if the returned candidate is found not duly elected but another candidate is, the Court may declare the latter as elected.The Rules made under the Act prescribe detailed forms to be used, the procedures for notice, nomination, withdrawal and the various other technicalities of managing the election process. They give the Election Commission flexibility to adapt procedures to unforeseen circumstances while maintaining the secrecy, efficiency, and fairness of the election. The Act also bars the jurisdiction of all courts except the Supreme Court, ensuring expedited and specialised handling of election disputes.- EndsTune InMust Watch
IN THIS STORY#Supreme Court