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The Vice President

The Vice President

The Vice-President of India is mentioned in Chapter I (Executive) of Part V of the Indian Constitution, which is part of the Executive Branch. The Vice-President of India is the country's second-highest constitutional post, behind the President of the Republic of India. He is elected to a five-year term, however, he may remain in office until the replacement takes over the reins, regardless of whether the term has expired. See the sections of the Constitution that deal with the qualifications for, the election of, and removal of the Indian Vice-President (Articles 63-73).

Provisions of the Constitution

The position of the Vice-President of India is discussed in detail in Part V of the Indian Constitution. Articles 63 through 73 of the Indian Constitution deal with the qualifications for, the election of, and dismissal of the Vice-President of the country.

  • Article 63 of the Indian Constitution says that the country would have a vice president.
  • It is stipulated in Article 64 that the vice president should be a member of the Rajya Sabha and serve as its ex-officio chairman.
  • Article 65 of the Constitution stipulates that in the event of a vacancy in the office of the President, the Vice President shall assume the duties of the President until a new President is elected.
  • Article 66 of the Constitution deals with the procedure for electing the Vice President.
  • The Vice-Presidential Term of Office is specified in Article 67 of the Constitution.
  • Article 68 of the Constitution addresses the vacancy of the Vice-Presidential position.
  • Article 69 of the Constitution deals with the Vice-Oaths Presidents and Affirmations.
  • Article 71 of the Constitution deals with topics pertaining to or related to the election of a President and Vice-President of India.

Election of Vice President

The Vice-President is not directly elected by the people but is chosen in a secondary election.

He is chosen by members of an electoral college that includes members of both the Lok Sabha and the Rajya Sabha. He is re-elected every five years.

By using a single transferable vote and secret balloting, a system of proportional representation is achieved.

The Vice President is elected and nominated by members of the Lok Sabha and Rajya Sabha, while the Vice President is elected and nominated by the President. Those who serve in state legislative assemblies are not included in this group.

Any challenges relating to the election of the Vice-President are investigated and resolved by the Supreme Court, which renders a judgement that is conclusive.

The Election Commission of India is in charge of conducting the elections for the position of Vice President.

After the current Vice President’s term of office expires, an election for the new Vice President must be placed within 60 days of the conclusion of the current Vice President’s term of office.

Qualification for the Vice President

  • He should be a citizen of India.
  • He should be a minimum of 35 years old to be eligible to contest.
  • He should have been eligible for election as a member of the Rajya Sabha.
  • He should not occupy any profit-making positions in the Union government, any state government, any municipal authority, or any other public authority, and he should refrain from doing so.
  • The nomination of a candidate for the post of Vice-President must be supported by at least 20 electors from Members of Parliament as proposers and another 20 electors as seconders in order to be eligible for election.

Oath Or Affirmation 

Before the Vice-President can enter his office, he or she has to make and sign an oath or affirmation.

The Vice-President is sworn in by the President of India, or by someone else who has been chosen by him.

Terms Of Office

The Vice President is in office for five years. The Vice President may quit at any time by writing to the President. He may serve beyond his five-year term until his replacement enters the office.

He may also be re-elected for an unlimited number of terms.

Power And Functions Of The Vice-president

The vice-President is the ex-officio chairman of the Rajya Sabha, with comparable rights and responsibilities as the Lok Sabha speaker. A presidential vacancy or incapacity to function by the president may be filled by him. The post was intended to keep the Indian state stable for six months till the next president is chosen. The Vice President should not preside over Rajya Sabha as President.

Vice President’s removal

For the removal of the Vice-President, no formal impeachment procedure, such as that used in the case of the President of India, is required. Instead, a resolution raised only in the Rajya Sabha, passed by an effective majority, i.e. greater than 50 percent of (Total membership – Vacancy), and agreed upon by a simple majority, i.e. greater than 50 percent of the total voting members of the Lok sabha, is sufficient. A 14-day notice should be provided to the Vice-President prior to the passage of the resolution in Rajya Sabha.

Conclusion

The position of the Vice-President of India is unusual due to several reasons. It will be fascinating to investigate the constitutional provisions pertaining to the VP of India.