Laxmikanth Test: Vice-President - UPSC MCQ

Statement-I is accurate as per the qualifications required for the election of the Vice-President of India, as mentioned in the provided information. The candidate indeed needs to be a citizen of India and should have completed 35 years of age to be eligible.
Statement-II correctly reflects the oath that the Vice-President of India is required to take, as outlined in the given content. The Vice-President is mandated to bear true faith and allegiance to the Constitution of India and dutifully fulfill the responsibilities of the office.
Therefore, in this case, both statements are correct, and Statement-II aptly elucidates the requirements specified in Statement-I.

The false statement among the options given is: The post of Vice President of India has been taken from the Constitution of France.

The office of the Vice President of India is modeled after the American vice presidency. The Vice President of India acts as the ex-officio Chairman of the Rajya Sabha (Council of States) and steps in as acting President in the absence of the President. This is different from the French system, where the Senate president assumes the role of the interim head of state when the presidency is vacant. The French system does not have a Vice President.

1. Correct - The Vice-President is elected by an Electoral College consisting of Members of Parliament only (both elected and nominated MPs). The election does not include Members of Legislative Assemblies (MLAs).

2. Incorrect - The Vice-President must be at least 35 years old, not 40 years old.

3. Correct - The Vice-President should not hold any office of profit. This is a constitutional requirement to ensure impartiality.

4. Correct - The Vice-President's election disputes are decided by the Supreme Court. Any doubts and disputes regarding the election are inquired into and decided by the Supreme Court.

Thus, three are correctly given.

- Statement 1: The Vice-President of India can be re-elected any number of times. This statement is correct. There is no limit to the number of times a person can be re-elected as Vice-President.

- Statement 2: The Vice-President's salary is fixed and not subject to any other official capacities. This statement is incorrect. The Vice-President does not have a fixed salary; instead, the salary is drawn in the capacity of the Chairman of the Rajya Sabha. When acting as President, the Vice-President receives the salary and allowances of the President, not as Chairman of the Rajya Sabha.

- Statement 3: The Vice-President can act as President for a maximum period of 6 months in case of a vacancy in the office of the President. This statement is correct. If the office of the President becomes vacant, the Vice-President can act as President for a maximum period of 6 months.

Hence, the correct answer is Option B.

S. Radhakrishnan, Hidayatullah, Shankar Dayal Sharma were elected unopposed.

The President is the head of the State and his power extends both to the administration by the Centre as well as to the states. Consequently, it is necessary that in his election, not only members of Parliament should play their part, but the members of the state legislatures should have a voice. But, when we come to the Vice-President, his normal functions are to preside over the council of states. It is only on a rare occasion, and that too for a temporary period, that he may be called upon to assume the duties of the president. That being so, it does not seem necessary that the members of the state legislatures should also be invited to take part in the election of the Vice-President.

Statement-I: The Vice-President of India can hold office beyond 5 years until a successor takes charge.

• This statement is correct. Article 67 of the Indian Constitution states that the Vice-President shall continue to hold office until a successor enters upon his office, even if the term of 5 years has expired.

Statement-II: The Vice-President of India can be reelected any number of times.

• This statement is also correct. There is no constitutional limit on the number of times a person can be reelected as Vice-President of India.

Now, considering the options:

1. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I

   • This is not correct because Statement-II does not explain Statement-I.

2. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I

   • This is correct. Both statements are correct, but Statement-II does not explain why Statement-I is true.

3. Statement-I is correct, but Statement-II is incorrect

   • This is incorrect because Statement-II is correct.

4. Statement-I is incorrect, but Statement-II is correct

   • This is incorrect because Statement-I is correct.

The correct answer is:

       3. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I

 

All three statements about the election process of the Vice-President of India are correct based on the provided information:

1. Statement 1: The Vice-President of India is indeed indirectly elected by an Electoral College consisting of Members of Parliament only. This is a correct reflection of the election process, which does not involve Members of Legislative Assemblies (MLAs).

2. Statement 2: The Electoral College does include both elected and nominated members of the Parliament. This detail emphasizes the comprehensive inclusion of MPs in the election process.

3. Statement 3: The election is conducted using the system of Proportional Representation by Single Transferable Vote, and the voting is by Secret Ballot. This method ensures a fair representation and confidentiality in the voting process.

Therefore, all the statements are correct, making Option D the right answer.

1. The American Vice President succeeds to the presidency when it falls vacant, and remains President for the unexpired term of his predecessor.

   • This statement is correct. According to the U.S. Constitution and the Presidential Succession Act, if the President of the United States dies, resigns, is removed from office, or is otherwise unable to serve, the Vice President automatically becomes President and serves for the remainder of the original term.

2. The Indian Vice-President, on the other hand, does not assume the office of the President when it falls vacant for the unexpired term.

   • This statement is also correct. In India, when the office of the President falls vacant, the Vice-President serves as the Acting President until a new President is elected. The Vice-President does not become the President for the remainder of the original term but only holds the office temporarily.

Therefore, the correct answer is: Both 1 and 2

1. Vice-President can hold office beyond 5 years until successor takes charge. (Correct)

- The Vice-President remains in office beyond the 5-year term until the successor takes charge.

2. Vice-President can act as President for a maximum period of 1 year. (Incorrect)

- The Vice-President can act as President for a maximum period of 6 months.

3. Vice-President draws salary in her capacity as Chairman of Rajya Sabha. (Correct)

- The Vice-President does not have a fixed salary for the position itself but draws a salary as the Chairman of the Rajya Sabha.

4. Election for Vice-President must be held within 6 months of vacancy due to resignation. (Incorrect)

- The election for Vice-President must be held as soon as possible in the case of a vacancy due to resignation, removal, death, or otherwise, but there is no specific 6-month time frame mentioned.

Only one pair (Pairs 1 and 3) is correctly given.