Laxmikanth Test: Vice-President


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QUESTION: 1

What are the reasons for the difference in the electoral college for the election of President and Vice President?

1. 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 

2. But when we come to the vice president, his normal functions are to preside over the Council of States 

Which of these statements is/are correct?

Solution: 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.

QUESTION: 2

 Consider the following statements. 

1. The Oath of office to the vice president is administered by the president 

2. The Oath of office to the vice president can be administered by chief justice appointed in that behalf by president 

Which of these statements is/are correct?

Solution: Both of them are correct. Before entering upon his office, the Vice-President has to make and subscribe to an oath or affirmation. In his oath, the Vice President swears 1. to bear true faith and allegiance to the Constitution of India, and 2. to faithfully discharge the duties of his office. The oath of office to the Vice-President is administered by the President or some person appointed on that behalf by him.

QUESTION: 3

Which of the following statements is false? 

Solution:

The post of Vice President of India is based on the model of Vice President of America.

QUESTION: 4

Consider the following statements. 

1. The election of a person as Vice-President cannot be challenged on the ground that the electoral college was incomplete 

2. If the election of a person as Vice-President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are invalidated 

Which of these statements is/are correct?

Solution: The election of a person as Vice-President cannot be challenged on the ground that the electoral college was incomplete (i.e., the existence of 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 before the date of such declaration of the Supreme Court are not invalidated (i.e., they continue to remain in force).

QUESTION: 5

Consider the following statements.

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

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. 

Which of these statements is/are correct?

Solution: Though the office of the Indian Vice-President is modelled on the lines of the American Vice- President, there is a difference. The American Vice-President succeeds to the presidency when it falls vacant, and remains President for the unexpired term of his predecessor. The Indian Vice-President, on the other hand, does not assume the office of the President when it falls vacant for the unexpired term. He merely serves as an acting President until the new President assumes charge. From the above, it is clear that the Constitution has not assigned any significant function to the Vice-President in that capacity.

QUESTION: 6

Consider the following statements.

1. 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

2. He can act as president only for a maximum of 6 months within which a new president has to be elected 

Which of these statements are not correct?

Solution:

He acts as President when a vacancy occurs in the office of the President due to his resignation, removal, 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.

QUESTION: 7

Election of the vice president is the subject matter of

Solution: Article 66 - Election of vice president. Article 64 - The vice president to be ex officio chairman of the Council of States Article 68 - Time of holding an election to fill a vacancy in the office of vice president and the term of office of person elected to fill casual vacancy Article 69 - Oath or affirmation by the Vice-President.

QUESTION: 8

Consider the following statements.

1. 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

2. He can act as president only for a maximum of 6 months within which a new president has to be elected

Which of these statements are not correct?

Solution:

He acts as President when a vacancy occurs in the office of the President due to his resignation, removal, 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.

QUESTION: 9

Which article of Indian Constitution says that India shall be a Vice-President?

Solution: Article 63 of the Indian constitution envisages that there shall be a Vice-President of India.

QUESTION: 10

Which of the following Vice Presidents was elected unopposed?

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

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