Vice-President Of India Notes | EduRev

Introduction

• The Vice President occupies the second-highest office in the country
• In the official warrant of precedence
• Office meant to maintain the political continuity of the Indian State.

Election

• Not elected directly
• Proportional representation by means of a single transferable vote
• Secret ballot voting
• Indirect elections by members of the Parliament. Both elected and nominated
• States not included, as the normal function of the VP is to preside over RS. Not necessary for the states to take part in the election of the VP.
• 20 electors as proposers
• 20 electors as seconders
• Rs 15000 deposit with the RBI 

Qualifications

• Citizen of India
• Above 35 years
• Should be qualified for election as a member of the RS
• Should not hold any office of profit under any public authority
• A sitting President, VP, governor, or minister is not deemed to hold any office of profit, thus qualified to run for elections.

Oath

• Administered by the President or some person appointed by the President

➤ VP swears to

• Bear true faith and allegiance to the Constitution of India
• Faithfully discharge the duties of his office

Conditions of Office

➤ Constitution Lays down 2 conditions

• Should not be a member of either House of Parliament of State legislature. If elected, deemed have vacated legislative seat
• Should not have any office of profit 

➤ Term

• 5 Years
• Can resign in writing to the President
• Can be removed by an absolute majority of the RS, agreed to by the LS
• 14 days' notice
• No specific grounds for removal in the Constitution 

➤ Election Disputes

• SC's decision is final and binding.
• Election of the VP cannot be challenged on the grounds that the electoral college was incomplete.
• If election is declared void, then acts done by the VP before the date of declaration that the election is void are not invalidated.

➤ Emoluments

• Constitution has not fixed any emoluments for the VP
• Gets salary as the ex-officio chairperson of the RS
• When acting as President, gets salary and allowance of the President

Powers Functions

(i) Ex-officio chairperson of the RS

• Powers and functions similar to that of the Speaker of the LS
• American VP plays a similar role as the Chair of the American Senate

(ii) Acting President when a sitting President is unable to discharge his duties, or when a vacancy occurs

• Office of President vacant due to resignation, removal, death or otherwise
• Can act as a VP for a maximum 6 months, by when fresh Presidential elections need to be held

(iii) When acting as President, the VP does not discharge duties of the Chair of the RS. This is done by the Deputy Chair of the RS.

Vacancy

(i) Vacancy in the VP's office can occur in the following situations:

• On expiry of tenure of 5 years
• Resignation
• Removal
• Death
• Otherwise: when election is declared void etc.

(ii) In case of expiry of term, election must be held beforehand
(iii) In case of other reasons for vacancy, fresh elections need to be held as soon as possible
(iv) Newly elected VP to serve full 5-year term

American VP: In Comparison with Indian VP

(i) Indian VP's office is based on the lines of the American VP's office.
(ii) Differences:

• American VP succeeds the Presidency when it falls vacant. Remains President for the unexpired term of his predecessor
• Indian VP only becomes acting President