New Delhi: Questions are now being raised on whether the Bharatiya Janta Party (BJP) government at the Centre did the right thing by getting four members nominated to the Rajya Sabha on Wednesday, July 6, just a day after the notification for the election of the Vice-President of India was issued.

Members of Lok Sabha and Rajya Sabha vote in the election and as such some experts have asked if the move was ethical and avoidable.

The issue of the President nominating four people – Ilaiyaraaja, Dr. Dharmasthala Veerendra Heggade, Pilavullakandy Thekkeyaparambil Usha and  V. Vijayendra Prasad – to the Rajya Sabha just a day after the Election Commission of India issued a notification for the election of the Vice-President has been raised by an advocate of Punjab and Haryana high court, Hemant Kumar.

Questionable timing of nominations

Hemant, who prefers going by his first name, has written to the poll panel and the secretary-general of Lok Sabha, who is designated returning officer for the election of Vice-President, that the President had nominated the above four persons to Rajya Sabha to fill the vacancies caused due to retirement of certain erstwhile nominated members.

Also read: P.T. Usha, Ilayaraja Among Government's Four Nominees to Rajya Sabha

While quoting Article 66 (1) of the constitution, Hemant said that the Vice-President is elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election is by secret ballot.

Therefore, he said, both the elected and nominated members of Lok Sabha and Rajya Sabha are eligible to cast their vote in this election.

'Should newly nominated members be allowed to vote in VP’s election?’

While referring to the notification for the election issued by ECI on July 5 and the gazette notification issued the following day by the President for nominating the four members in Rajya Sabha, which took the total strength of nominated members in the Upper House to nine, Hemant asked if these four members, who were nominated a day after the notification for the election was issued, “should be allowed to cast (their) vote in aforesaid election”.

He also pointed out that in real terms that “it is not the President of India on his own but actually the ruling executive (political party/alliance in power) at the Centre which decides (read recommends to the President of India) the nomination of 12 members to the Rajya Sabha who have special knowledge and practical experience in respect of Lliterature, Science, Art and Social Service”.

Thus, he asked, “would it be appropriate if such ruling political party/alliance (should) be allowed to have new nominated members in Rajya Sabha of its choice, who are indeed going to be electors/voters in such (an) election…?”

'No MCC in VP poll, but essential to have level-playing field'

The advocate also noted that “there is no enforcement of Model Code of Conduct as such during the election to the office of Vice-President of India” as is enforced during General Elections to Lok Sabha and State Assemblies. But he said, “nevertheless the spirit of level playing field ought to be complied in Vice-Presidential election too”.

In view of this, Hemant has urged the Chief Election Commissioner (CEC) as well as the secretary-general of Lok Sabha to take immediate cognisance in this regard and take an appropriate decision accordingly.

Meanwhile, noted constitutional expert and former secretary-general of Lok Sabha P.D.T. Achary also said that propriety demands that such nominations are not made after the notification of the election has been issued.

Talking to The Wire, Achary said, “Once the notification has been issued, the propriety demands that the government abstains from doing this (getting RS members nominated). They can do it after the election. After all, it is not going to make any difference. The ruling alliance has absolute majority when it comes to total members in both the Houses.”

Moreover, he reasoned that “even after the latest nominations, three posts remain vacant. So, even these four could have been nominated later.”

'No bar on election-eve nomination, but not a regular practice'

However, Achary added that “there is no constitutional bar on nomination of members to the Rajya Sabha. The constitution says that the Vice-President will be elected by an electoral college of members of Lok Sabha and Rajya Sabha.”

“So,” he said, “whether the members are nominated now or on the eve of the elections, it should not matter. There is no cut-off date. They will be entitled to vote like anyone else.”

But, Achary added to good measure, that “it is not a regular practice”. “I have not come across any such instance where just on the eve of the Vice-President’s election members have been nominated,” he insisted.

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