Article 63 of The constitution says that There shall be a Vice President of India
The qualifications
The qualifications for election to the office of Vice-President are:
(a) must be a citizen of India,
(b) over 35 years of age,
(c) must not hold any office of profit,
(d) and must be qualified for election as a member of Rajya Sabha.
(e) He should not be member of any House of Parliament
Election of Vice President
Election of Vice President is mentioned in Article 66
(1) The Vice President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot
(2) The Vice President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected Vice President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice President
(3) No person shall be eligible for election as Vice President unless he
(a) is a citizen of India;
(b) has completed the age of thirty five years;
(c) is qualified for election as a member of the Council of States
(4) A person shall not be eligible for election as President if he holds any office of profit under-
- The central government.
- The Government of any State.
- Under any local or other authority Subject to the control of any of the said Governments.
A person shall not be deemed to hold any office of profit by reason only that he is the President or Vice President of the Union or the Governor of any State or is a Minister either for the Union or for any State
How Electoral college of President is Different Form Vice President ?
- It consists of both elected and nominated members of the Parliament and in the case of president, only elected members are there.
- It does not include the members of the state legislative assemblies and in the case of President, the elected members of the state legislative assemblies are included.
- Any person qualified to be elected and intending to stand for election as Vice-President is required to be nominated by at least 20 MPs as proposers and at least 20 MPs as seconders.
- A candidate seeking election as Vice-President is required to make a security deposit of Rs. 15,000/-. He loss the security deposit if he does not secure 1/6th of the valid votes.
Term and Removal of The Vice-President
- It is mentioned in Article 67 of Indian Constitution.
- The Vice President shall hold office for a term of five years from the date on which he enters upon his office.
Provided that
(a) A Vice President may, by writing under his hand addressed to the President, resign his office;
(b) A Vice President may be removed from his office by a resolution of the council of States passed by a majority of all the then members of the council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days notice has been given of the intention to move the resolution
(c) A Vice President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office
Note-
- For the removal of Vice-President, no cause or reason has been mentioned in the Constitution.
Time of Holding of Elections-
- Also Article 68 says that An election to fill a vacancy caused by the expiration of the term of office of Vice President shall be completed before the expiration of the term.
- An election to fill a vacancy in the office of Vice President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy.
Oath or Affirmation by The Vice President-
- Every Vice-President shall, before entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him
Powers and Functions of The Vice President-
- The Vice-President act as ex-officio Chairman of the Council of States (RajyaSabha)(Article 64)
- He acts as President for maximum period of 6 months when a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise.
- The Vice President casts his vote in case of a tie in Rajya Sabha.
- The Vice President represents the Council of States on ceremonial occasions.
- He protects the rights and privileges of the members of the Rajya Sabha
Note -
- During any period when the Vice-President acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States
Some Facts-
- Constitution is silent on the matter that who can performs the duties of the Vice-President, when a vacancy occurs in the office of the Vice-President of India, before the expiry of his term.
- Deputy Chairperson of the Rajya Sabha, or any other member of the Rajya Sabha authorised by the President of India performs the Vice-President’s function as the Chairperson of the Council of States when a vacancy occurs in the office of the Vice-President.