Vice President of India | Power, process and the significance

Prime Minister Narendra Modi with NDA's Vice Presidential candidate Jagdeep Dhankhar on July 16 (Image @PMOIndia)

West Bengal Governor Jagdeep Dhankhar will be National Democratic Alliance’s (NDA) candidate for the Vice Presidential election scheduled on August 6.

The announcement was made by Bharatiya Janata Party (BJP) chief JP Nadda after the name was picked during the party's parliamentary board meeting held here on July 16 evening.

The Election Commission of India issued the notification for the election of the Vice President of India on July 5. The election will be held on August 6, and July 19 is the last date for filing the nominations. The term of office of incumbent Vice President M Venkaiah Naidu comes to an end on August 10.

The election for the next President of India is scheduled for July 18.  The BJP-led National Democratic Alliance’s candidate Draupadi Murmu has a clear advantage over the Opposition's Yashwant Sinha.

READ | Congratulations pour in for NDA's Vice Presidential nominee Jagdeep Dhankhar

The Opposition is yet to announce its candidate for Vice President.

The powers and the significance 

Vice President holds the second highest office in India right after the President. The Constitution lays down provisions under Article 63 which mandates the position of a Vice President in the country.

According to Article 63 of the Constitution, there shall be a Vice President of India and under Article 64, the Vice President shall be ex-officio Chairman of the Council of the states, which is the Rajya Sabha.

Dr Sarvepalli Radhakrishnan was the first Vice President of India, who served for the term of ten years (May 13, 1952- May 12, 1962). The position is currently held by M Venkaiah Naidu who, since August 11, 2017, is the 13th Vice President of independent India.

The Governor of West Bengal Shri @jdhankhar1 called on PM @narendramodi. pic.twitter.com/qJ7vQRpqZ9

— PMO India (@PMOIndia) July 16, 2022

In case there is any vacancy in the office of the President by reason of his/her death, resignation or removal, or otherwise, the Vice President acts as President until a new President assumes office, according to Article 65.

"The Vice President shall be acting as the President of India if there is an occurrence of circumstances of death, removal, or resignation, or any other reasons which have led to vacating of the President’s office, for a period of six months only within which a new President has to be elected," reads Article 65.

Also, when the President fails to discharge functions on grounds of absence, illness, or any other cause then it is the Vice President who shall be discharging his functions on the President’s behalf until the President resumes his/her office.

The Electoral College

The process of the election of the Vice President is laid down in Article 66 of the Constitution.

The Vice President, also the Rajya Sabha chairperson, is elected by an electoral college which comprises members of both houses of the Parliament - the Lok Sabha and Rajya Sabha, in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

The only difference between the Presidential election with the election of the Vice President is in the composition of the electoral college. The electoral college for Vice President comprises both elected and nominated members of both Houses of Parliament. In the election for the President of India, only elected members constitute the electoral college.

Also read | Explained: How is the President of India elected?

Also, the electoral college, for the Vice President, does not include the members belonging to the state Legislative Assemblies while in the Presidential Election, the elected members of State Legislative Assemblies/ Union Territories are included in the Electoral College.

Thus the electoral college for the Vice President of India consists of 233 elected members of Rajya Sabha, 12 nominated members of Rajya Sabha, and 543 elected members of Lok Sabha which makes it 788 members.

The Eligibility

No person is eligible to be the Vice President unless he is a citizen of India, has completed the age of thirty-five years, and is qualified for election as a member of the Council of States.

“A person shall not be eligible for election as Vice-President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments,” says Article 66(4) of the Constitution.

The Vice President shall not be a member of either House of Parliament or of the House of the Legislature of any state or a UT. The Vice President shall hold office for a term of five years from the date on which he enters his office

The Vice President may leave office before the end of his term by resigning to the President or may be removed through a resolution of the Council of states passed by a majority of all the then members of the Council and agreed to by the House of the People, as per the law.

(With agency inputs)