The country has experienced a type of political occasion that has rarely been seen, the resignation of the Vice-President Jagdeep Dhankhar way before his tenure ended. The step has raised a lot of concerns concerning the constitutional process of the country and the way forward.
Who Takes over the Vice-President Now?
The Indian Constitution has not envisaged an acting Vice-President. Nevertheless, given that the Vice-President happens to be the ex-officio Chairman of the Rajya Sabha (Upper House of Parliament), the onus to preside over the House, albeit temporarily passes to the Deputy Chairman. At this point, the Deputy Chairman, Harivansh Narayan Singh will assume the mantle and make sure that work of the Rajya Sabha would proceed.
When Will the Election Take Place?
The Constitution sets no timeline of a maximum in which the Vice-President position should be filled unlike the case with the President job which requires a vacancy to be filled within six months. All that the constitution demands is that the election should be held as soon as possible. This very vital poll will be announced by the Election Commission of India. The poll is conducted in compliance with the Presidential and Vice-Presidential Acts of 1952, as per the set standards of parliamentary procedures.
How Many Years will the New Vice- President Serve?
The individual that is appointed to be a new Vice-President does not merely finish the term of Dhankhar. New candidates on the other hand will have completed a full term of five years on the date of assuming office. The habit assures stability and keeps the sanctity of the constitutional posture.
What is the Election of the Vice-President?
And here is what happens in the time of a Vice-Presidential election:
- Electoral College: It is made up of the members of both Houses, Lok Sabha and Rajya Sabha as well as the nominated members. This is devoid of state legislatures.
- Voting Process: The process of voting takes place on a secret ballot at the Parliament House, where a proportional representation based on a single transferable vote is adopted. The voters are ranked through the preference of MPs by rank and each vote is equally valued.
Winning Quota: A candidate has to win a mathematical quota to win: Quota=(Total Valid Votes/2)+1
Fractions (where you have them) are disregarded. Otherwise, in the case where nobody gets to this threshold in the initial count, the candidate who has the least number of first-preference votes is excluded, and their votes are handed to other contestants depending on the second choice vote; the same procedure is repeated until one of them surpasses the quota.
Eligibility criteria for Vice president
- Must be 35 or above
- Must be a citizen of India.
- Must qualify as a member of Rajya Sabha.
- Must not hold any office of profit under the state or central government.
- Must be registered as an elector in any parliamentary constituency.
The resignation of the vice president after the middle of his term is a big thing but there is no risk of the discontinuity of the administration because of the Constitution and the Indian parliamentary practices. The processes demonstrate the flexibility of Indian democracy, as it offers a smooth transition, even in an exceptional case. The next election is not only going to fill a gap but it will also commence a new term of the second highest constitutional office that the post of Vice president holds in India.
When the Vice-President of India Resigns Mid-Term, This Happens
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