Laxmikanth Summary: Vice-President | Indian Polity for UPSC CSE PDF Download

Introduction

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.

Jagdeep Dhankhar

Election

• Indirectly Elected by an Electoral College consisting of Members of Parliament only.
• Electoral College includes both Elected & Nominated MPs. Does not include MLAs.
• Election is held using the system of Proportional Representation by Single Transferable Vote & the voting is by Secret Ballot.
• All doubts & disputes are inquired into & decided by Supreme Court.
• Election cannot be challenged on the ground that the electoral college was incomplete (if an MP seat is vacant).
• If SC declares election to be void, all acts of VP before such declaration continues to be in force.

Qualifications

(i) He should be a citizen of India.

(ii) He should have completed 35 years of age.

(iii) He should be qualified for election as a member of the Rajya Sabha.

(iv) He should not hold any office of profit.

Oath or Affirmation

• Vice-President’s Oath :
  • To bear true faith & allegiance to the Constitution of India.
  • To faithfully discharge the duties of his office.
• Oath of Office is administered by the President or on behalf of him by a person appointed by him.

Conditions of Office

• Constitution lays following two conditions :
  • Must not be Member of either House of Parliament or State Legislatures. If any such person is elected as Vice-President he is deemed to have vacated his seat in that House on the date that she enters office.
  • Should not hold any other Office of Profit.

Term of Office & Emoluments

• Holds Office for a term of 5 years.
• Can resign earlier by tendering resignation to President.
• Can be removed by a Resolution of Rajya Sabha passed by absolute majority & agreed to by Lok Sabha.
• 14 days advance notice must be given before moving resolution.
• VP can hold office beyond 5 yrs until successor takes charge.
• Can be reelected any number of times.
• No emoluments fixed for Vice-President. Instead salary is drawn in her capacity as the Chairman of Rajya Sabha.
• Additionally, she is also entitled to daily allowance, free furnished residence, medical, travel, & other facilities.
• When acting as President, all entitlements as Chairman of RS ceases & instead the salary & allowances of the President is drawn.

Vacancy in Office

• Vacancy can occur on the expiry of 5 yr tenure, on resignation, on removal, on her death.
• Vacancy can also occur otherwise, for example, when she is disqualified or when her election is declared void.
• Election must be held before 5 yr term expires.
• In case of vacancy due to resignation, removal, death or otherwise, election must be held as soon as possible.

Powers & Functions

• Functions of Vice-President are two-fold :
  • Acts as ex-officio Chairman of Rajya Sabha. Powers & Functions similar to the Speaker of Lok Sabha.
  • Acts as President when a vacancy occurs in the office of the President due to resignation, removal, death or otherwise.
• Can act as President for a maximum period of 6 months.
• Further, when sitting President is unable to discharge her duties due to absence, illness or any other cause, VP discharges all duties until Prez resumes office.
• While acting as President or discharging her duties, VP does not perform the duties of the office of the Chairman of Rajya Sabha.