THE OFFICE OF VICE-PRESIDENT | POLITY
Introduction | THE OFFICE OF VICE-PRESIDENT | POLITY
- The Vice-President occupies the second highest office in the country. He is accorded a rank next to the President in the official warrant of precedence.
- This office is modelled on the lines of the American Vice-President. Article 63 of the Indian Constitution mentions the post of Vice-President.
Eligibility to be a Vice President of India
- An Indian Citizen who has completed 35 years of age is qualified to become the Vice-President of India given, he is also qualified to be a Rajya Sabha member. However, he should not be a member of either Lok Sabha or Rajya Sabha and if he is elected as Vice President when he has a seat in either of the house, he is deemed to have vacated that seat on his first day in the office. He also is not allowed to hold any office of profit under union government, state government, public authority and local authority.
- The following people are also qualified to become the Vice President of India:
- Sitting President of India
- Sitting Vice President of India
- Governor of State
Election of the Vice President
- There is no direct election for the Vice-President of India however, he/she is indirectly elected by an Electoral College. The election process is quite similar to that of the President of India but the electoral college that elects President is different from the electoral college responsible for the election of Vice-President of India.
- The difference between the electoral college that elects President and the one electing Vice-President of India is given below:
- In electoral college for Vice President, both elected and nominated members of both the Houses of Parliament take part. In presidential elections, nominated members are not a part of the electoral college.
- For Vice President’s elections, states have no role to play unlike in President’s elections where state legislative assemblies’ elected members are a part of the electoral college.
- The principle of election used in Vice President’s elections is ‘Proportional Representation’ by means of a single transferable vote. (It is similar to that of President’s.)
Who participates in Vice President election?
- An electoral college comprising below-given categories of people elect the Vice President. The mode of election hence is termed as ‘indirect election’. The principle of election used is Proportional Representation by means of Single Transferrable Vote.
- Elected members of both Lok Sabha and Rajya Sabha.
- Nominated members of both Lok Sabha and Rajya Sabha.
Term Of Office Of Vice-President | THE OFFICE OF VICE-PRESIDENT | POLITY
- The Vice-President shall hold office for a term of five years from the date on which he enters upon his office: Provided that –
- A Vice-President may, by writing under his hand addressed to the President, resign his office;
- 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 has been given of the intention to move the resolution;
- A Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
Oath Or Affirmation By The Vice-President
- Every Vice-President shall, before entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following form, that is to say – “I, A.B., do swear in the name of God /solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will discharge the duty upon which I am about to enter.”
Is Vice President also impeached as President of India?
- No, unlike President of India who can be impeached formally; there is no formal impeachment for Vice President. Rajya Sabha simply can pass a resolution with a majority and Lok Sabha can pass it. Also, unlike President of India who can be impeached on the ground of ‘Violation of Constitution,’ there is no ground mentioned in the constitution for the removal of Vice President of India.
- Supreme Court decides election disputes related to the office of Vice President
Conditions of Office | THE OFFICE OF VICE-PRESIDENT | POLITY
The Constitution lays down the following two conditions of the Vice-President’s office:
- 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.
Powers and Functions of the Vice President
- The functions of Vice-President are two-fold:
- He acts as the ex-officio Chairman of Rajya Sabha. In this capacity, his powers and functions are similar to those of the Speaker of Lok Sabha. In this respect, he resembles the American vicepresident who also acts as the Chairman of the Senate–the Upper House of the American legislature.
- He acts as President when a vacancy occurs in the office of the President due to his resignation, impeachment, death or otherwise. He can act as President only for a maximum period of six months within which a new President has to be elected. Further, when the sitting President is unable to discharge his functions due to absence, illness or any other cause, the Vice-President discharges his functions until the President resumes his office
- While acting as President or discharging the functions of President, the Vice-President 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.
- Rent free accommodation from Government
- Annual salary of Rs. 1,25,000 & pension of Rs. 7.5 Lakhs / Annum
- When acts as President, he gets all the allowances, powers, immunities & salary of President
ALSO READ: https://www.brainyias.com/the-president/