The Vice-President

The Vice-President

• Provision of the Vice-President in our Constitution has been derived from the Constitution of America.
• 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 (elected and nominated both types) 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.
• As the Vice President is not a member of Rajya Sabha he cannot participate in voting in the house. But as the Chairman of the house (Rajya Sabha) he can cast his decisive vote.

Vice Presidents of India

• 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.
• Before assuming office of the Vice President Dr. S. Radhakrishnan was India's ambassador to the Soviet Union.
• 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.  [Art. 64 and Art. 89]
• 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 I960, 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 and will not be entitled for the salary or emolument of the Vice-President for the period [Art. 97]; otherwise, he gets the salary of the Chairman of the Rajya Sabha. When the Vice-Presidents act 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.