After the death of Senator Lindsey Graham, the post in the US Senate has become vacant.
Senator Lindsey Graham, a trusted aide of US President Donald Trump, died on July 11 at the age of 71. Graham’s influence in the Trump government was so much that he was a participant in many important decisions. This means that Trump lost his trusted ally. If a senator in the US Senate dies, resigns, or is removed from office, the seat becomes vacant. This is called Senate vacancy. Let us understand, using Graham’s demise, how the Senate vacancy is filled? How different is America’s process from India?
The process of filling the Senate vacancy in America is not the same across the country. This is decided by three things. The US Constitution, the 17th Amendment, and relevant state election laws. In some state, the Governor can immediately appoint a person, while in another state it may be necessary to hold by-elections directly.
What is the basic structure of the US Senate?
There are 50 states in America. Two senators are elected from each state. In this way there are a total of hundred members in the Senate. The tenure of every senator is six years. The Senate is never dissolved. About one-third of its members are elected every two years. This system is like Rajya Sabha in India. But, there is an important difference between India and America. Senators are directly elected by the public. This system started after the 17th constitutional amendment came into effect in 1913. Whereas, in India, Rajya Sabha members are not directly elected by the public.
Senator Lindsey Graham died on July 11 at the age of 71.
What does the 17th Constitutional Amendment say?
According to the 17th Amendment in America, when the Senate seat of a state is vacant, the executive head of the state will initiate the process of holding elections. In America, the executive head of the state is usually the governor. The amendment also gives the State Assembly the right to give the Governor the right to make temporary appointments. This means that the Constitution does not give the Governor the right to make permanent appointment in every situation.
After the death of a senator, the governor can choose a suitable person. This person can take over the post immediately. The appointed person usually holds office in one of two conditions. Until a special election is held or until the next regular election is held. The appointed person does not start a new full six-year term. He only completes the remaining term of the old senator.
Should the person appointed be from the same party?
This rule is not the same throughout America. In some states, the Governor has to choose a person from the same political party to which the deceased senator belonged. In some cases the political party gives a list of three names to the Governor. The Governor chooses a person from that list. In some states the Governor has no such obligation. He can appoint a qualified person of his choice. Political controversies have also arisen due to this system. If the Governor is from a different party, he can appoint a person from his party to the vacant seat. This may change the balance of power of the parties in the Senate.
In India, Rajya Sabha is considered close to the US Senate.
There is a provision for immediate special elections in many states.
In some states the Governor does not have the right to appoint senators. In such states, special elections are held as soon as the seats become vacant. The public votes directly. The person who wins the election completes the remaining term of office. The date of the special election is set by state law. In some states, elections are held within a few months. In some states it is conducted along with the next regular election. The purpose of this system is that instead of temporary appointment, the public can elect their representative quickly.
When are elections held?
There is no national time limit for elections in America. State law decides when elections will be held. In some states, by-elections are held early. In some states, the appointed senator holds office until the next regular election. The time also depends on when the seat becomes vacant. If the death occurs very close to an election, the election may be held in the same regular election. If a large part of the term is left, a separate special election can be held.
When does a Senate appointee start working?
After the appointment of the Governor, the person has to submit his certificates to the Senate. The Senate examines those certificates. After this the oath is administered. After taking the oath, the appointee officially begins work as a senator. He gets the right to make laws, participate in committees and vote. Sometimes a candidate has won the election, but dies before taking oath. Even in such a situation, the role of state law is important. In some states, the governor can formally appoint the elected person. In some cases the party may have to choose a new candidate.
Rajya Sabha. File photo.
How is the vacant seat of Rajya Sabha filled in India?
In India, Rajya Sabha is considered close to the US Senate. Both are upper houses, but their election process is different. In India, members of Rajya Sabha are not directly elected by the public. They are elected by the elected MLAs of the Legislative Assembly of the respective state. This election is done through proportional representation system and single transferable vote. The tenure of a member of Rajya Sabha is six years. Every two years about one-third of the members retire.
What happens in India after the death of a Rajya Sabha member?
If a Rajya Sabha member dies, the seat becomes vacant. To fill this seat, the Election Commission of India conducts by-elections. The elected MLAs of the respective state assembly vote. The number of votes required for a candidate to win is decided on the basis of the number of members of the Assembly and vacant seats. The winning person completes the remaining term of the old member. He does not get a new six-year term.
Governor has no role in India
In many states of America, the governor can appoint temporary senators. In India, the Governor cannot appoint any person to the vacant seat of Rajya Sabha. By-elections are the usual way to fill vacant seats in India. The entire process of Rajya Sabha elections is conducted by the Election Commission of India. This includes nomination, scrutiny, voting and counting. According to the Representation of the People Act, normally efforts are made to hold by-elections on vacant seats within six months. If the member’s tenure is less than one year left, a decision can be taken not to hold by-elections.
President can appoint 12 members in India
12 members in Rajya Sabha are nominated by the President. They have special knowledge in fields like literature, science, art and social service. If the nominated member dies or resigns, then elections are not held on that seat. The President can nominate any qualified person. This is different from the American system. All seats in the US Senate are related to the representation of states. There the President cannot appoint senators.
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