The Vice-President is elected by an electoral college consisting
of members of both Houses of Parliament, in accordance with the
system of proportional representation by means of the single transferable
vote and the voting in such election is by secret ballot. The
Electoral College to elect a person to the office of the Vice-President
consists of all members of both Houses of Parliament*.
A person cannot be elected as Vice-President unless he -
4. An election to fill a vacancy caused by the expiry of the term of office of Vice-President is completed before the expiry of the term. In case a vacancy arises by reasons of death, resignation or removal or otherwise, the election to fill that vacancy is held as soon as possible after the occurrence**. The person so elected is entitled to hold office for a full term of 5 years from the date he enters office.
Superintendence of the Election of the
Important Provisions relating to the Election of the Vice-President:
Any person qualified to be elected and intending to stand for election as Vice-President is required to be nominated by at least 20 MPs as proposers and at least 20 MPs as seconders.
Nomination papers are to be presented to the Returning Officer at the place and upto the time and date, specified in the public notice. A maximum of 4 nomination papers by, or on behalf of, any candidate may be presented to, or accepted by, the Returning Officer.
3. A candidate seeking election as Vice-President is required to make a security deposit of Rs.15,000/-. This is the only amount that is required to be deposited by a candidate irrespective of the number of nomination papers filed on his behalf.
4. The nomination papers are scrutinised on the specified date by the Returning Officer in the presence of the candidate and his proposer or seconder and any one other person duly authorised.
5. Any candidate may withdraw his candidature by a notice in writing in a prescribed form delivered to the Returning Officer within the time specified.
6. In the election an elector has as many preferences as there are candidates. In casting his vote, an elector is required to record on his ballot paper the figure 1 at the space opposite the name of the candidate whom he chooses as his first preference and may, in addition, record as many subsequent preferences as he/she wishes by recording on his ballot paper the figures 2,3,4, and so on, in the space opposite the names of other candidates. The votes should be recorded in the international form of Indian numerals or in the Roman form or in the form of any Indian language but should not be indicated in words.
Every ballot paper represents one vote at each count. The procedure for counting votes consists of the following steps:
a. The number of first preference votes secured by each candidate is ascertained.
b. The numbers so ascertained are added up - the total is divided by two and one is added to the quotient disregarding any remainder. The resulting number is the quota sufficient for a candidate to secure his return at the election.
c. If at the end of the first or any subsequent count, the total number of votes credited to any candidate is equal to, or greater than the quota, that candidate is declared elected.
d. If at the end of any count, no candidate can be declared elected, then;
(a) the candidate who upto the stage has been credited with the
lowest number of votes shall be excluded from the poll, and all
his ballot papers will be again scrutinised, one by one, with
reference to the second preference marked, if any, on them. These
ballot papers will be transferred to the respective remaining
(continuing) candidates for whom such second preferences have
been marked thereon, and the value of votes of those ballot papers
credited to such candidates. These ballot papers shall be transferred
to the aforesaid continuing candidate. The ballot papers on which
the second preference is not marked shall be treated as exhausted
ballot papers and shall not be counted further, even if they contain
third or any subsequent preference.
This process of exclusion of candidates lowest on the poll will be repeated till one of the continuing candidates reaches the quota.
After the election has been held and the votes have been counted,
the Returning Officer declares the result of the election. Thereafter,
he reports the result to the Central Government (Ministry of Law
& Justice) and the Election Commission of India and the Central
Government publishes the name of the person elected as Vice-President,
in the Official Gazette.
2. A petition challenging the election of the Vice-President is heard by a five-judge bench of the Supreme Court of India.
3. The petition has necessarily to be accompanied by a security deposit of Rs. 20,000/-.
of Oath of Affirmation by the Vice-President: