Vice President of India

About

Article 63 states that there will be a Vice President of India. The Vice-President is asserted to be the ex officio Chairman of the Rajya Sabha. In the occasion of the incidence of any vacancy within the office of the President by cause of his death, resignation or removal, or otherwise, Vice-President shall act as the President until the date on which the new President is elected in accordance with the provisions of the Constitution to fill such vacancy, enters upon his office.

Qualifications for the Office of Vice-President [Article 66(3) and 66(4)]

• Clause (3) of Article 66 lays down that a person to be eligible for the office of the Vice-President, ought to own the subsequent qualifications:
  • He needs to be a citizen of India.
  • He needs to have completed the age of 35 years.
  • He must be qualified for election as a member of the Rajya Sabha.
  • It calls for him to be registered as a voter in any Parliamentary Constituency.
  • He have to now not maintain any office of profit under the Government India, or the Government of any State, or beneath any nearby, or different authority challenge to the manage of any of the stated Government

Election of the Vice-President [Article 66(1)]

• The Vice-President is elected by the members of an Electoral College which includes the members of both Houses of Parliament in accordance with the machine of proportional illustration by means of unmarried switch vote and the vote casting at such election is done by secret ballot . 
• The President and Vice-Presidential Elections Act, 1997, gives that there need to be 20 proposers and 20 seconders to help the candidature of a person in the election of the Vice-President. 

Time for holding Election (Article 68)

• Clause (1) Article 68 offers that an election to fill a vacancy caused by the expiration of the term of Vice-President will be finished earlier than expiration of the term of the sooner Vice-President. 
• While an election to fill a vacancy taking place by cause of his death, resignation or elimination or in any other case will be held as soon as feasible after the incidence of the vacancy.

Term of Office of the Vice-President, Resignation (Article 67) 

• Article 67 lays down that the Vice-President holds office for a term of 5 years from the date on which he enters upon his office.” He shall hold his office even after the expiration of his term of 5 years until his successor enters upon his office.” The Vice-President may additionally, by writing under hand, addressed to the President, surrender his office.

Removal of Vice-President [Article 67 (b)] 

• The Vice-President can be removed from his office by a resolution of the Rajya Sabha surpassed by a majority of all of the individuals of the Rajya Sabha and agreed to by means of the Lok Sabha. 
• However, no resolution for the removal of the Vice-President will be moved in the Rajya Sabha except as a minimum fourteen days’ note has been given of the intention to transport the resolution. It may be observed that the Constitution does not prescribe any ground in which a decision for the elimination of Vice-President can be made. 

Oath of Office (Article 69)

• Article 69 says that the Vice-President, before  coming into his office, shall make and subscribe before the President appointed on that behalf by him, an oath or affirmation.

Conditions of Office [Articles 66(2), 64 & 65 (3)]

• The Vice-President shall no longer be a member of both House of Parliament or of a House of the Legislature of any State, and if a member of either of such House is elected because the Vice-President then, he will be deemed to have vacated his seat in that House at the date on which he enters upon his office as Vice-President.
• The Vice-President will be ex officio Chairman of the Rajya Sabha and shall not maintain some other office of profit. During any period when the Vice-President acts as President or discharges the functions of the President beneath Article 65, he shall not perform the duties of the office of Chairman of the Rajya Sabha. During such period, he shall have all of the powers and immunities of the President and be entitled to such emoluments, allowances privileges as are detailed in the Second Schedule to the Constitution.
• It may be noticed that the Constitution does not provide the profit, allowances or the privileges to which the Vice-President is entitled to as Vice-President. He, consequently, does not acquire any profit or allowance as a Vice-President. When he is performing as President or discharging his capabilities the Vice-President is entitled to such profit and allowances as are payable to the President.

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