The sudden resignation of Vice President Shri Jagdeep Dhankhar naturally created a political stir in the country. In a democracy, such events cannot be ignored either by politics or by the people of the nation. There is no doubt that Shri Dhankhar was a highly controversial Vice President. Though he held a constitutional position, his conduct often reflected that of a politician. In fact, the role of the Vice President in India's democracy is largely ceremonial, as they have no significant role in governance except for being the ex-officio Chairman of the Rajya Sabha. The Constitution primarily assigns them the responsibility of presiding over the proceedings of the Rajya Sabha.
Even while holding this position, he remained controversial — to the extent that, at the end of last year, a no-confidence motion was brought against him by the opposition in the Rajya Sabha. However, it was not admitted by the Deputy Chairman. This was the first instance in the parliamentary history of independent India where a no-confidence motion was brought against the Chairman of the Rajya Sabha, whereas in the case of the Lok Sabha, such a precedent does exist. In 1953, a no-confidence motion was brought against the first Lok Sabha Speaker, the late G.V. Mavalankar, by the then opposition, but it was overwhelmingly defeated.
Shri Dhankhar was accused by opposition party leaders of being biased in favor of the ruling party while conducting House proceedings and, at times, even behaving like a spokesperson for that party. Following these accusations, some changes were seen in his approach in the Rajya Sabha. I am not going into the controversy over the reasons behind his hasty resignation citing health grounds, but rather describing the circumstances that arose afterward. Obviously, the President accepted his resignation, and the Ministry of Home Affairs also issued the official notification.
He resigned on Monday night, and all formalities were completed by Tuesday. Therefore, a new Vice President will now assume office. In India, both the President and the Vice President are elected. While the President is elected by an electoral college consisting of Members of Parliament as well as Members of Legislative Assemblies of all states, the Vice President is elected solely by Members of both Houses of Parliament through a secret ballot.
Political parties cannot issue a whip to their members for these elections. These elections are conducted by proportional representation, meaning all voters (MPs) must indicate their preferences — first, second, and third — depending on the total number of candidates in the fray. A candidate must be nominated by a certain number of MPs as prescribed by the Election Commission to be eligible to contest.
The Election Commission had already announced last Wednesday that it is prepared to conduct the Vice Presidential election and will soon begin the process. Accordingly, the Commission issued the notification for the election on Friday. This means that the country will have a new Vice President within the next month. The total time for conducting the election is 32 days.
The Election Commission is empowered under Article 324 of the Constitution to conduct the election of the Vice President. Once preparations are complete, the Commission will release the election schedule, and the election will take place accordingly. This entire process should be completed within a month. Along with the notification, the Election Commission will also announce the names of the Chief Electoral Officer and two Assistant Electoral Officers under whose supervision the election will be conducted.
The voters in this election are all Members of Parliament from the Lok Sabha and Rajya Sabha, including the nominated members of the Rajya Sabha. Candidates must file their nominations within 14 days of the notification. One day is allotted for the scrutiny of nominations, followed by a two-day period during which any candidate may withdraw their nomination. The voting will take place 15 days after this date. Voting becomes necessary only if at least two candidates remain in the race. Voting will take place within the Parliament premises through secret ballot.
At present, there are a total of 788 MPs combining both Lok Sabha and Rajya Sabha. The value of each MP’s vote is equal. Clearly, the ruling BJP and its allied parties hold a majority in Parliament, so their candidate is expected to win. However, since political parties cannot issue whips in this election, uncertainty may prevail until the votes are actually counted. The BJP has 240 MPs in the Lok Sabha, and the NDA's overall strength in the 543-member House exceeds 300 when its allies are included. A similar situation exists in the Rajya Sabha, which has a total of 245 members.
The key question now is: who will be the opposition’s candidate in this election? The opposition will likely try to field someone who can attract sympathy from BJP's allies. However, the opposition’s INDIA alliance currently appears fragmented. It may face significant difficulty in finding a consensus candidate.
When Shri Dhankhar was elected in 2022, the Trinamool Congress — a key member of the INDIA bloc — did not even participate in the voting. On the other hand, the BJP must also ensure that its candidate enjoys full support from all NDA constituents. Therefore, finding a mutually acceptable name will be a difficult task for both sides.
Currently, the media is speculating on various possible names from the ruling side, while the opposition remains silent. Clearly, the ruling side would want to field a candidate who is in no way controversial — though that person may very well be a member of the BJP. The offices of President and Vice President are such that whoever occupies them becomes ‘non-political,’ with their sole duty being the protection of the Constitution. Officeholders in these roles take an oath to safeguard the Constitution. The framers of our Constitution deliberately designated the Vice President as the ex-officio Chairman of the Rajya Sabha, with much thought and consideration.