Opposition Challenges Vice President with No-Confidence Motion in India

The Opposition submitted a notice to move a no-confidence motion against the Vice-President(VP).

LEARNING FROM HOME/ WITHOUT CLASSES/ BASICS

The Election Commission of  India conducts the election to the office of the Vice-President. All doubts and disputes in connection with the election of the Vice-President enquired into. And the Supreme Court of India decision is final.

The Vice-President elected by electoral college. Consisting of all members of both Houses of Parliament. In accordance with the system of proportional representation[1] by means of the single transferable vote. The voting in such an election is by secret ballot.

  1. The Vice-President is not a member of either House of Parliament. Or of a House of a Legislature of any state. If a member of either House of Parliament or of a House of a Legislature of any state is elected Vice-President, he deemed to vacated his seat in that House on the date he/she enters his office.
  2. A person cannot elected Vice-President unless he –

is a citizen of India. has completed the age of 35 years. And is qualified for election as a member of the Rajya Sabha. A person is not also eligible if he holds any office of profit under the Government of India. Or a State Government or any subordinate local authority.

  1. An election to fill a vacancy caused by the expiry of the term of office of VP 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.

[1] Counting of votes in Rajya Sabha, legislative Council, President and Vice President elections follows Single transferable vote system. voters put numbers next to candidates, with their favourite candidate as number one, their second favourite as number two, and so on. To get elected, candidates need to reach a set share of the vote, known as the quota, determined by the number of positions to be filled. Each voter gets just one vote, but the numbering provides instructions for the counters to allow the vote to transfer. Once all the votes counted, any candidates who get more than the quota elected. In order to properly represent the area, these votes are re-distributed based on the voter’s instructions. If no candidate gets elected then the worst performing candidate is eliminated and their votes redistributed. This process continues until all seats filled.

noconfidence motion 

According to Article 67(b) of the Indian Constitution, the Vice President can only be removed by No-Confidence Motion

  • A resolution passed by the Rajya Sabha, followed by approval from the Lok Sabha. 
  • Rajya Sabha must pass a resolution to remove the chairperson. By ‘a majority of all the then members’, and Lok Sabha must ‘agree’.

• The motion requires a 14-day notice before it can be brought to the House.

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