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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 DhankharJagdeep 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.
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Qualifications

To be eligible for election as Vice-President, a person should fulfill the following 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.

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Oath or Affirmation

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


  • 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.
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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.
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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.

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FAQs on Laxmikanth Summary: Vice-President - Indian Polity for UPSC CSE

1. What are the qualifications required to be eligible for the position of Vice-President as per the Constitution of India?
Ans. To be eligible for the position of Vice-President, a person must be a citizen of India, have completed 35 years of age, and be qualified for election as a member of the Rajya Sabha.
2. What is the oath or affirmation that the Vice-President of India is required to take before entering office?
Ans. The Vice-President of India is required to take an oath or affirmation before the President or some person appointed by him for this purpose, pledging to faithfully execute the office of Vice-President to the best of his ability, preserve, protect, and defend the Constitution and the law, and devote himself to the service and well-being of the people of India.
3. What are the conditions of office for the Vice-President of India as outlined in the Constitution?
Ans. The Vice-President of India shall not hold any other office of profit, be entitled to the emoluments and privileges of the office, and reside in the official residence provided to him during his term of office.
4. How long is the term of office for the Vice-President of India and what emoluments are entitled to the position?
Ans. The Vice-President of India holds office for a term of five years, which can be shortened by resignation or removal. The emoluments and privileges of the Vice-President are determined by Parliament and may not be varied during his term of office.
5. What happens in the event of a vacancy in the office of Vice-President in India?
Ans. In the event of a vacancy in the office of Vice-President due to death, resignation, removal, or otherwise, a new Vice-President is elected within six months of the occurrence of the vacancy. Until a new Vice-President is elected, the duties of the office are discharged by the Deputy Chairman of the Rajya Sabha.
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