Vice-President

Vice-President

» Vice-President is indirectly elected by means of single transferable vote.
» State Legislatures do not take part in the election of Vice-President.
» The electoral college for Vice-President consists of the members of both Houses of Parliament {Ref. : Art. 66(1)}.
To be elected as Vice-President of India a person must be :
  ★ A citizen of India
  ★ Over 35 years of Age
  ★ Must not hold an office of profit save that of President, Vice-President, Governor or Minister for the Union or a state {Ref.: Art. 66}
  ★ Qualified for election as a member of the Rajya Sabha

» In case a member of the Legislature is elected Vice-President, he shall be deemed to have vacated his seat in the House to which he belongs.
» Term of the office of Vice-President is five years from the date on which he enters upon his office. Office of Vice- President may terminate earlier than the fixed term either by resignation or by removal.
» A formal impeachment is not required for Vice-President's removal.
» Vice-President can be removed by a resolution of the Rajya Sabha passed by a majority of its members and agreed to by the Lok Sabha {Ref.: Art 67}.
» A sitting Vice-President is eligible for re-election. Dr. S. Radhakrishnan was elected as the Vice-President of India for a second term in 1957.
» No functions are attached to the office of the Vice-President. The normal function of the Vice-President is to act as the ex-officio Chairman of the Rajya Sabha.
» If any vacancy occurs in the office of the President ,Vice- President acts as President until a new President is elected and enters upon his office {Ref.:Art. 65(1)}.
» For the first time during the 15-day visit of Dr. Rajendra Prasad to the Soviet Union in June 1960, the then Vice-President, Dr. S. Radhakrishnan acted as the President owing to the 'inability' of the President to discharge his duties.
» The power to determine when the President is unable to discharge his duties or when he should resume his duties is understood to belong to the President himself.
» If the offices of both the President and the Vice-President fall vacant by reason of death, resignation, removal etc. the Chief Justice of India or in his absence the senior most Judge of the Supreme Court acts as President.
» For the first time in 1969 when the President Dr. Zakir Hussian died and the Vice-President Shri V. V. Giri resigned, the Chief Justice Md. Hidayatullah acted as President.

» When the Vice-President acts as President, he gets the emoluments of the President; otherwise, he gets the salary of the Chairman of the Rajya Sabha. When the Vice-President acts as President, the Deputy Chairman of the Rajya Sabha acts as its Chairman [Art. 91].
» Determination of doubts and disputes relating to the election of a President or Vice-President is described in Art. 71. Main provisions are as follows :
  ★ Such disputes are decided by the Supreme Court whose jurisdiction is exclusive and final.
  ★ No such dispute can be raised on the ground of any vacancy in the electoral college.
  ★ If the election of the President or the Vice- President is declared void by the Supreme Court, acts done by him prior to the date of such decision of the Supreme Court is not invalidated.
  ★ Matters other than the decision of such disputes are regulated by law made by Parliament.