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Vice-Presidential Election Preparations by Election Commission

24 Jul 2025 GS 2 Polity
Vice-Presidential Election Preparations by Election Commission Click to view full image

Context:
The Election Commission of India (ECI) has begun preparatory activities for the Vice-Presidential election following the resignation of Jagdeep Dhankhar on health grounds, leading to a rare mid-term vacancy.

Constitutional & Legal Framework:

  • Article 324 of the Constitution mandates the ECI to conduct elections to the office of the Vice-President of India.

  • The election is governed by:

    • Presidential and Vice-Presidential Elections Act, 1952

    • Presidential and Vice-Presidential Elections Rules, 1974

Preparatory Activities Initiated:

  • Preparation of the Electoral College

  • Finalisation of the Returning Officer and Assistant Returning Officer(s)

  • Compilation of background material on previous Vice-Presidential elections

Electoral College for Vice-President:

  • Comprises both elected and nominated members of the Lok Sabha and Rajya Sabha

Nomination Process:

  • Each candidate must be:

    • Proposed by at least 20 electors

    • Seconded by another 20 electors

  • Nomination papers must be submitted to the Returning Officer between 11 a.m. and 3 p.m. on designated days.

Vice President of India 

  • Constitutional Position:
    The Vice President of India is the second-highest constitutional office after the President and is the ex-officio Chairman of the Rajya Sabha.

  • Constitutional Basis:

    • Defined under Article 63 of the Constitution.

    • The election procedure is laid down in Article 66.

  • Election Process (art. 66):

    • Elected indirectly by an Electoral College consisting of members of both elected and nominated members Lok Sabha and Rajya Sabha.

    • State legislatures are not involved in this election.

    • Proportional representation by single transferable vote (STV) and secret ballot are used.

    • Conducted by the Election Commission of India.

    • Election must be held within 60 days of vacancy.

    • Nomination: At least 20 proposers and 20 seconders required; security deposit of ₹15,000.

    • Counting: If no candidate secures the required votes, the least-voted candidate is eliminated and votes are transferred as per preferences.

  • Term and Vacancy

    • Term: 5 years, eligible for re-election.

    • Can resign by writing to the President.

    • In case of resignation, death, or removal, fresh election must be held as early as possible.

    • No constitutional provision for automatic succession.

    • When acting as President, term limited to 6 months, pending presidential election.

  • Roles and Functions:

    • Presides over Rajya Sabha (Upper House of Parliament).

    • First in line to act as President in case of a vacancy in the presidential office.

    • Serves as:

      • Chancellor of Panjab University and University of Delhi.

      • Visitor of Makhanlal Chaturvedi National University of Journalism.

      • President of the Indian Institute of Public Administration (IIPA).


Qualifications (Same as Rajya Sabha MP)

  • Citizen of India.

  • Minimum age: 35 years.

  • Must be qualified to be elected as a Rajya Sabha member.

  • Must not hold any office of profit under the Government of India or State.


Oath or Affirmation (Article 69)

  • Administered by the President of India.

  • Swears allegiance to the Constitution of India and to discharge duties faithfully.


Removal (Article 67(b))

  • The Vice President does not require formal impeachment. He/she can be removed by a resolution.

  • Can be removed by a resolution passed by the Rajya Sabha with an effective majority (majority of all the then members, excluding vacancies) and agreed to by the Lok Sabha with a simple majority.

  • The resolution can only be introduced in the Rajya Sabha, not in the Lok Sabha

  • 14 days' prior notice is mandatory.

  • Constitution does not specify grounds for removal.

  • Decision is not challengeable in any court (Article 122).

Disputes (Article 71)

  • All election-related disputes are decided by the Supreme Court, whose decision is final.

  • SC can remove VP for electoral malpractices or ineligibility under the Representation of People Act, 1951.

  • SC also resolves doubts arising from unconstitutional acts during the tenure.


Salary and Allowances

  • No separate salary for VP role.

  • Receives salary as Chairman of Rajya Sabha: ₹4,00,000/month.

  • Entitled to free residence, medical, travel and other facilities.

  • When acting as President, entitled to President’s salary and privileges.

  • Pension: 50% of salary.



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