The Vice President

The Vice President

Next to the President of India, the highest position is the Vice-President.  President of India, the highest position in the official warrant of Precedence is accorded to the Vice President. His, office is therefore highly prestigious. Article 63 creates the office of the Vice President by declaring that there shall be a Vice-President of India”

Eligibility to occupy the position

Article 6612) and 66(3) lay down the constitutional provisions for the eligibility of an individual to occupy the post of Vice-President. He shall not be a member of either House of Parliament or of a House of the Legislature of any, State, and il a member breather House of Parliament or of a House of the Legislature of any State be elected VicePresident he shall be deemed to have vacated his seat in that House on the date on which he enters upon his offices as Vice-President.

In order to be qualified for the election to the office of the Vice-President, a person must be a citizen of India, must have completed 35 years of age, should not hold an office of profit under any Central, State or Local Governments, be qualified for election as a member of the Rajya Sabha and should not beta member in Parliament or State Legislatures.

If he is a member in Parliament or State Legislatures, he ceases to be a member as soon as he assumes the office of the vice president(Article 66); by an Electoral College and the manner of election: According to clause 1 of Article 66, the VicePresidenthis elected by an electoral college consisting of the members of the two houses of Parliament. This is intended to ensure that he enjoys the confidence of both the Houses of: Parliamentronortion represents The Vice President is elected by the members of the Electoral College in accordance with the system of proportional representation by means of a single transferable vote and the voting åt such election shall bę, by secret ballot.

Term of office

Article 67 states that the Vice-President shall hold office for a term of five years from the date on which he enters upon his office: a) A Vice-President may, by writing under his hand addressed to the President, resign his office or A Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days’ notice of the intention to move the resolution has been given. c) Vice-President shall, notwithstanding the expiration of his term, continue to hold office etc on until his successor enters upon his office.

Eligibility for re-election

There is no specific provision making a Vice-President eligible for reTelectionhcHowever, the explanation to Article 66 suggests that a sitting Vice-President is eligible.

Time of holding election to fill a vacancy in the office of the vice-president: Article 68 declares that an election to fill a vacancy caused by the expiration of the term of office of the Vice President is to ** be completed before the expiry of the term. If the vacancy in the office lenses by death, resignation, removal or otherwise, then the election is to be held as soon as possible after the occurrence of the Ovacancyfirfhe person who is thus elected is entitled to hold office for the full term of 5 years from the date on which he enters upon his oflice.

Oath or affirmation by the Vice-President

Every Vice-President shall, before entering upon his D office make and subscribe before, the President or some person appointed in that behalf by him, a death or affirmation in the form mentioned in the Constitution (Article 69),

Dispute arising out of the election of the Vice-President

Article 71 of the Constitution tav down that all doubts and disputes relating to or connected with the Vice-Presidential election shat be inquired into and decided by the Supreme Court whose decision shall be final

The election of the Vice-President cannot be called in question simply on the ground of there being any vacancy among the members of the Electoral College. If the election of a person as Vice-President is declared void by the Supreme Court, acts done by him on or before the date of the decision of the Supreme Court shall not be invalidated as a result of such a declaration. Parliament may by law regulate any matter relating to or connected with the election of a VicePresident. Functions of a Vice-President: The functions of the Vice-President can be divided into two categories; a) Ordinary functions b) Functions in the event of vacancies/absence in the office of the President.

Ordinary Functions Of The Vice President

The Vice-President shall be the ex-officio chairman of the Council of States (Article 64). The main function of the Vice-President like that of his American prototype is to preside over the upper house of Parliament, the Council of States. He is its ex-officio chairman, He shall be entitled to the salary or allowances payable to the Chairman of the Council of States.

Functions in the event of a vacancy in the office, or during the absence of the president: According to the provisions of Article 65, whenever there occurs any vacancy in the office of the President by reason of his death, resignation, removal or otherwise, the Vice-President shall act as President until a new President is elected. The Vice-President may also be called upon to discharge the functions of the President when he, owing to absence, illness or any other cause, is unable to perform the functions of his office. The Vice-President, when he acted as President or discharges his functions, shall be entitled to such emoluments.

Until such provision is made, he would be entitled to the same emoluments, allowances and privileges to which the President is entitled under the Constitution. But during any period when the VicePresident acts as President or discharges the functions of the President, he shall not perform the duties of the office of the Chairman of the Council of States, nor shall he be entitled to any salary or allowances payable to the Chairman of the Council of States.

Duration of holding of office in the event of the vacancy in the office of the president: Under Article 62 of the Indian Constitution, if the President dies or resigns or is otherwise incapacitated and as a result, the Presidential office becomes vacant, the Vice-President will act as President only for a maximum period of six months.

Although the Constitution does not confer upon the Vice-President, the great authority that it vests in the President as the Head of the State, the office of the Vice-President has been one of great dignity and prestige. The personality of its incumbents who have all been eminent men has been one of the major reasons. The dignity and prestige that are established today may be expected to remain with the office of the Vice-President in the years to come.

Learn about the prime minister. Check out the notes here.

error: Content is protected !!