US elections 2020: Can Barack Obama become vice-president?

What would have happened if

former US president Barack Obama

had decided to contest for the post of vice-president? Is he eligible to do so?


This question was much debated in the US media before Joe Biden picked up Kamala Harris as his running mate. Many analysts argued that having Obama as his running mate would provide Biden the necessary momentum to beat Donald Trump in the 2020 White House race.

But political arguments apart, what are the legal provisions regarding this?

There are two US constitutional amendments - 12th and 22nd - which together deal with the issue of election of a President and vice-president.

As per the 22nd amendment, "no person shall be elected to the office of the President more than twice". This makes it clear that Barack Obama cannot contest in presidential elections again.

Now, the 12th constitutional amendment states that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."

Reading these two amendments together suggests that Obama can't contest even in vice-presidential elections. But some experts argue that the 22nd amendment only talks about no person shall be "elected" more than twice to the office of President. So, Obama's ineligibility applies only if he decides to contest in presidential elections. But it does not bar Obama from contesting in a vice-presidential election. Since he is not running for the President, the restrictions of 12th amendment "no person constitutionally ineligible to the office of President" will not apply to him.

Interestingly, both amendments don't bar the number of times an individual can be elected as the vice-president.

So far, no twice-elected president has opted to run for the vice-presidency. However, if this happens ever, we can expect to have a legal fight over the issue.

What about India?

First, the India Constitution does not place any term-limit on the offices of President, vice-president and Prime Minister. An individual can be elected to any of these offices for any number of times.

Next, there is no legal restrictions on a President becoming a vice-president or a Prime Minister in India.

But will it be feasible politically? We can't say yes or no with any certainty.