The Vice-President of India

The Vice-President of India

Overview

  • The Vice-President occupies the second highest office in the country after the President.
  • This office is modelled on the lines of the American Vice-President.

Term and Removal

  • The Vice-President holds office for a term of five years from the date on which he enters upon his office.
  • He can resign from his office at any time by addressing the resignation letter to the President.
  • A formal impeachment is not required for his removal.
  • He can be removed by a resolution of the Rajya Sabha passed by an absolute majority (i.e., a majority of the total members of the House) and agreed to by the Lok Sabha.
  • The resolution for removal can be introduced only in the Rajya Sabha.
  • Such a resolution can be moved only after giving 14 days' advance notice.
  • He is also eligible for re-election to that office for any number of terms.
  • The Constitution does not specify a ground for the removal of the Vice-President.

Election Process (Article 66)

  • The Vice-President, like the President, is elected indirectly by the people.
  • The election is by the method of indirect election, through an Electoral College.
  • This electoral college is different from the electoral college for the election of the President in the following two respects:
    • It consists of both elected and nominated members of the Parliament (in the case of President, only elected members are part of the electoral college).
    • It does not include the members of the state legislative assemblies (in the case of President, the elected members of the state legislative assemblies are included).
  • The election is held in accordance with the system of Proportional Representation by means of the single transferable vote.
  • The voting is done by secret ballot.

Qualifications for Election as Vice-President (Article 66(3))

  • He should be a citizen of India.
  • He should have completed 35 years of age.
  • He should be qualified for election as a member of the Rajya Sabha.
  • He should not hold any office of profit under the Union government or any state government or any local authority or any other public authority.

Conditions of Office (Article 66(4) and Article 64 & 65)

  • He should not be a member of either House of Parliament or a House of the state legislature. If any such person is elected Vice-President, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.
  • He should not hold any other office of profit.
  • He is the ex-officio Chairman of the Rajya Sabha (Article 64).
  • He acts as the President when a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise (Article 65).
  • When he acts as President, he does not perform the duties of the office of the Chairman of Rajya Sabha. During this period, those duties are performed by the Deputy Chairman of Rajya Sabha.

Powers and Functions of the Vice-President

  • Ex-officio Chairman of the Rajya Sabha: In this capacity, his powers and functions are similar to those of the Speaker of the Lok Sabha. He can only cast a casting vote in case of a tie.
  • Acting President: He acts as the President in the following situations:
    • When a vacancy occurs in the office of the President due to his resignation, removal, death, or otherwise.
    • When the sitting President is unable to discharge his functions due to absence, illness, or any other cause.
  • When the Vice-President acts as President, he enjoys all the powers and immunities of the President and receives the emoluments, allowances, and privileges of the President.
  • The Vice-President can act as President for a maximum period of six months, within which a new President must be elected.
  • The Constitution has not assigned any other function to the Vice-President in that capacity. Therefore, his only function is to preside over the Rajya Sabha.

Disputes Regarding Vice-Presidential Election (Article 71)

  • All doubts and disputes arising out of or in connection with the election of a Vice-President are inquired into and decided by the Supreme Court.
  • The decision of the Supreme Court is final.
  • If the election of a person as Vice-President is declared void by the Supreme Court, acts done by him before the date of such declaration are not invalidated and continue to be in force.
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