Vice –President [Article – 63-71]
| Vice President | · Office is modelled – American Vice President
· Second highest office after President of India. · elected by the members of an electoral college – UH, LH M · both elected and nominated members of the Parliament · the members of the state legislative (Not include) · Elected by system of proportional representation by means of the single transferable vote and voting is done by secret ballot. |
| Qualification | · Citizen of India, 35 age, qualification to became member of RS
· Not hold office of profit. · The nominated of a candidate for election to office of VP must be subscribed by at least 20 electors as proposer & 20 electors as seconders. Every candidate has to make security deposit of 15,000 in the Reserve Bank of India. |
| Oath | By President or some person appointed in that behalf of him.
1. He should not be a member of either House of Parliament or a House of the state legislature. 2. Should not hold any other office of profit. |
| Term of Office | → 5 years from the date on which he enters upon his office.
→ Removed by a resolution of the Rajya Sabha passed by an absolute majority (i.e., a majority of the total strength of the House) and agreed to by the Lok Sabha (i.e. simple majority). → No such resolution can be moved unless at least 14 days advance notice has been given. |
| Vacancy in office of VP | · On the expiry of his tenure of 5 years.
· By his resignation · On his removal · By his death · Declared disqualified by SC · All doubts and disputes in connection with election of the Vice-President are inquired into and decided by the Supreme Court whose decision is final. |
| Power & Function | · He acts as the ex-officio Chairman of Rajya Sabha. In this capacity, his powers and functions are similar to those of the Speaker of Lok Sabha.
· Act as President when a vacancy occurs in the office of the President · Can act as President only for a maximum period of 6 months · While acting as President Vice-President does not perform the duties of the office of the chairman of Rajya Sabha. |
| Emoluments | · Constitution has not fixed any emoluments for the Vice-President in that capacity.
· He draws his regular salary in his capacity as the ex-officio Chairman of the Rajya Sabha. · While acting as President, he is not entitled to the salary or allowance of President. |
| Article | Provision |
| 63. | The Vice-President of India |
| 64. | The Vice-President to be ex-officio Chairman of RS |
| 65. | The Vice-President to act as President |
| 66. | Election of Vice-President |
| 67. | Term of office of Vice-President |
| 69. | Oath or affirmation by the Vice-President |
| 70. | Discharge of President’s functions in other contingencies |
| 71. | Matters relating to, or connected with, the election of Vice- President |
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