GS 2: Polity

Poll panel has to hold election of Vice-President immediately, Pg13

Vice-President Jagdeep Dhankhar's resignation due to health reasons has created a mid-term constitutional vacancy, requiring the Election Commission to conduct a fresh election immediately, as per constitutional provisions.

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Key Highlights

  • The Vice-President’s post cannot be left vacant under the Constitution.
  • No succession mechanism exists apart from conducting a fresh election.
  • Deputy Chairman of Rajya Sabha will officiate proceedings until a new Vice-President takes charge.
  • Election Commission is mandated to immediately notify and conduct the election.
  • The electoral college includes all elected and nominated members of both Houses of Parliament.
  • Voting follows proportional representation using the Single Transferable Vote (STV).
  • Each MP’s vote carries equal value. 

Detailed Insights

  • Article 66(1) of the Constitution mandates that the Vice-President shall be elected by members of an electoral college consisting of members of both Houses of Parliament. 
  • The Vice-President remains in office until the successor assumes charge, even after term expiration, but resignation mandates fresh elections without delay.
  • The Constitution provides no provision for an acting Vice-President; in the interim, the Deputy Chairman of Rajya Sabha conducts proceedings.
  • The electoral college comprises only MPs (both elected and nominated from Lok Sabha and Rajya Sabha), and party whips do not apply, allowing MPs to vote based on individual preference.
  • The voting process uses secret ballot, and the winning candidate must secure more than 50% of the valid votes cast plus one.
  • As per the Presidential and Vice-Presidential Elections Rules, 1974, a nomination paper must be submitted with the support of at least 20 proposers and 20 seconders. 
  • The Returning Officer is conventionally the Secretary-General of either House, appointed by rotation, and is supported by two Assistant Returning Officers from the Secretariat.
  • Unlike in the Presidential election, where vote value varies based on state representation, each MP’s vote has equal value (1) in the Vice-Presidential election.

Key Concepts Involved: 

  • Single Transferable Vote (STV): A preferential voting system in which electors rank candidates. Votes are transferred based on preferences until a candidate achieves the required quota.
  • Proportional Representation: An electoral mechanism designed to allocate representation in proportion to the votes each candidate or party receives.
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