Brain Booster for UPSC & State PCS Examination (Topic: Vice President of India)

Why in news?

  • Election Commission of India has recently announced the process for election of 16th vice president of India.
  • As per Article 68 of the Constitution of India, an election to fill the vacancy caused by the expiration of the term of office of the outgoing Vice-President is required to be completed before the expiration of the term.
  • The term of office of current vice president, M. Venkaiah Naidu is end

About Vice President of India

  • Article 63 of the constitution says that there shall be a Vice President of India.
  • Article 64 of the constitution says that The Vice President shall be ex-officio Chairman of the Council of States and shall not hold any other office of profit.
  • The Vice President holds the second highest Constitutional office in India. It is same like in the United States of America.
  • The Vice President holds office for a term of 5 years from the date on which he enters upon his office.

Election of Vice President

  • Article 324 of the Constitution read with the Presidential and Vice-Presidential Elections Act, 1952 vests the superintendence, direction and control of the conduct of election to the office of the Vice-President of India in the Election Commission of India and that must free and fair.
  • Article 66 of the Constitution says the Vice-President is elected by the members of the Electoral College consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and voting done by secret ballet.

Electoral College consists of:

  • 245 members of Rajya Sabha
  • 543 members of Lok Sabha.
  • Any disputes regarding the election of vice president are inquired into and decided by the Supreme Court whose decision is final.

Qualifications

  • He must be citizen of India.
  • He must have 35 years of age.
  • He should be eligible for the election to upper house of the Parliament also known as Rajya Sabha.
  • Before entering his office, the Vice-President has to take an oath or affirmation.
  • The President or any person appointed on behalf of him administer the oath of office to the Vice-President (Art.69).

Powers and Functions of Vice President

Being an ex-officio chairman of Rajya Sabha, He has same power like speaker of Lok Sabha in functioning of the upper house.

  • The vice president can work as the president only for the time period of 6 months.
  • When he acts like the President, the vice president does not perform the duties the office of chairman of Rajya Sabha. In this period of time those duties shall be perform by deputy chairman of Rajya Sabha.
  • As he is not member of the house therefore he has no right to vote but can exercise in case of deciding vote.

Removal of Vice President

  • In case of removal of Vice President, a formal impeachment is not required like President.
  • Vice President can be removed from his office by a resolution passed only in Rajya Sabha and agreed upon by Lok Sabha.
  • A 14 days’ notice should be served to Vice President of India, prior to passing the resolution in Rajya Sabha.