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Vice President of India

Topics Discussed: -

· Introduction

· Election Qualifications

· Manner of Election

· Removal

· Term of office

· Functions of the Vice President

· Determination of Doubts and disputes related to election of Vice President

· PRACTICE QUESTIONS

· Introduction

I. Part V of the Constitution of India under Chapter I (Executive) also discusses about the office of the Vice-President of India under Article 63.

II. The Vice-President of India is the second highest constitutional office in the country.

III. He serves for a five-year term, but can continue to be in office, irrespective of the expiry of the term, until the successor assumes office.

· Election Qualifications

A person cannot be elected as Vice-President unless he

I. has completed the age of 35 years, and

II. is qualified for election as a member of the Council of States (Rajya Sabha).

· Manner of Election

The Vice-President is elected by an electoral college consisting of members of both Houses of Parliament, in accordance with the system of proportional representation by means of the single transferable vote and the voting in such election is by secret ballot.

Removal

I. The Vice-President can be removed from office by a resolution of the Council of States (Rajya Sabha), passed by a majority of its members at that time and agreed to by the House of the People (Lok Sabha).

II. A resolution for this purpose may be moved only after a notice of at least a minimum of 14 days has been given of such an intention.

· Term of office

From the date, he enters his office, Vice President holds the position for five years. However, he can resign before five years by handing over his resignation to the President. The other ways where a vacancy is created in the office of Vice President are given below:

ü When he completes his term of five years

ü When he resigns

ü When he is removed

ü On his death

ü When his election is declared void

· Functions of the Vice President

I. The Vice-President is the highest dignitary of India, coming next after the President. No functions are, however, attached to the office of the Vice-President as such.

II. Vice president is the Ex-officio chairman of the Rajya Sabha and has powers and functions similar to the speaker of the Lok Sabha.

III. In the event of the President’s inability to work due to any reasons or a vacancy in the office of the president due to any reason he can act as the president.

IV. However, this is only for 6 months till the next president is elected. Thus the office was created to maintain continuity in the Indian state.

· Determination of Doubts and disputes related to election of Vice President

Determination of doubts and disputes relating to the election of a President or Vice-President is dealt with in Art. 71, as follows-

I. Such disputes shall be decided by the Supreme Court whose jurisdiction shall be exclusive and final.

II. No such dispute can be raised on the ground of any vacancy in the electoral college which elected the President or Vice-President.

III. If the election of a President or Vice-President is declared void by the Supreme Court, acts done by him prior to the date of such decision of the Supreme Court shall not be invalidated.

· Barring the decision of such disputes, other matters relating to the election of President or Vice-President may be regulated by law made by Parliament

· PRACTICE QUESTIONS

Q.1. Vice President can be removed by

impeachment

simple majority in both houses

absolute majority in both houses

Rajya Sabha can remove him an absolute majority which needs to be agreed by Lok Sabha with simple majority

ANS: D

Q.2. If election of Vice President is void, then

decisions are void

decisions taken remain enforced

as per case to case

none