Constitutional Position Of Vice President In India

  • Last Updated : 05-Jul-2023
  • Polity
  • 3921 views
Constitutional Position of Vice President In India

Introduction


Union Executive According to Article 63-71, Part V of the Indian Constitution, the vice president is the second-highest post in India. In the official warrant of precedence, he is given a rank next to the President. Like the President, the vice president is chosen by the people through an indirect process. The American Vice-President serves as the inspiration for the position of vice-president in India. The vice president also acts as the Rajya Sabha's ex officio chairman.

 

Vice President-Election

Constitutional Position of Vice President In India
•    The vice president is chosen by the people, although not directly.

•    He is chosen by the members of an electoral college that includes both Lok Sabha and Rajya Sabha members.
 
•    Utilizing a single transferable vote and secret ballots, a proportional representation system.

•    Only members of the Lok Sabha and Rajya Sabha were elected and nominated to the Vice President's Electoral College. Members of state legislative assemblies are excluded from it.
 
•    The highest court investigates and renders a ruling on any problems pertaining to the election of the vice president, this decision is definitive.
 
•    The Election Commission of India oversees the vice presidential election process.
 
•    Within 60 days of the outgoing Vice-President's term of office expiring, the next Vice-President will be chosen. 

Vice-President of India

Qualifications
  • He should be a citizen of India.
  • He should be minimum 35 years of age.
  • He should have qualified for election as a member of the Rajya Sabha.
  • He should not hold any office of profit under the Union government or any state government or any local authority or any other public authority.
  • For the nomination for election to the office of Vice-President a candidate must be subscribed by at least 20 electors from Members of Parliament as proposers and 20 electors as seconders.

Oath or Affirmation of the Vice-President
  • Before entering upon his office, the Vice-President has to make and subscribe to an oath or affirmation.
  • The President of India or any person appointed on behalf of him is administered the oath of office to the Vice-President.

Conditions of Office
  • He should not be a member of either House of Parliament or a House of the state legislature.
  • In the event that any such individual is chosen Vice-President, he is considered to have emptied his seat in that House on the date on which he enters upon his office as Vice-President.
  • He shouldn't hold any other office of profit.

Terms of Office
  • The Vice President holds office for five years from the date of his appointment.
  • The Vice President can resign at any time by sending a letter of resignation to the President.
  • He can hold office beyond his terms of five years until his successor takes office.
  • He also has the right to be re-elected to this position for any number of terms.

Vacancy

A vacancy in the Vice-President’s office can occur in any of the following ways:

  • When he completed tenure of five years..
  • When he resigned.
  • When he was removed by parliament resolution.
  • When he died while serving the office.
  • When his election is declared void and become disqualified to hold office.

Salary and allowance
  • Parliament has the authority to set the remuneration of the Vice President. His or her present pay as Rajya Sabha Chairperson is Rs. 1.25 lakh.
  • In addition, he is entitled to daily allowance, free furnished residence, medical, travel and other facilities.
 

Vice President's Authority And Responsibilities

Constitutional Position of Vice President In India
•    The vice president serves as the ex-officio chairman of the Rajya Sabha, and he has equivalent authority to that of the Lok Sabha speaker.
 
•    He has the authority to serve as president in the event that the president is unable to carry out his duties for any reason or if there is a vacancy in the office of the president for any cause.
 
•    The post was established to preserve continuity in the Indian state, however this only lasts for the next six months until the next president is chosen.
 
•    The Vice President should not preside over Rajya Sabha while performing his or her duties as President.
 
•    While acting as President or carrying out the duties of President, the Vice-President does not carry out the duties of Rajya Sabha Chairman.
 
•    During this time, the Deputy Chairman of the Rajya Sabha is in charge of these duties.


Removal of The Vice President


•    Vice-President (VP) can be removed from his office by a resolution raised only in Rajya sabha, passed by effective majority, i.e. greater than 50% of (Total membership - Vacancy) & agreed upon by simple majority, i.e. greater than 50% of the total voting members of the Lok sabha. Formal impeachment, as in the case of the President of India, is not necessary.
 
 
•    The Vice-President should be given 14 days' notice before the Rajya Sabha votes on the motion.



Overview of The Constitution's Provisions


The Vice-President of India position is covered in Part V of the Indian Constitution. The qualifications, election, and removal of India's vice president are covered in Articles 63 to 73. 

·         Article 63

·         states that there shall be a vice-president of India

·         Article 64

·         states that the Vice-President shall be the ex-officio Chairman of the Rajya Sabha

·         Article 65

·         States that the Vice-President shall act as President in the vacancy of office of the President until the new President is elected.

·         Article 66

·         Deals with provision of Election of the Vice-President.

·         Article 67

·         Mentions the Term of Office of Vice-President.

·         Article 68

·         States about the Vacancy of office of the Vice-President.

·         Article 69

·         Deals with Oaths & Affirmation by the Vice-President.

·         Article 71

·         Deals with matters relating to, or connected with, the election of a President and Vice-President.
 

Conclusion


The American Vice-President's post serves as a model for the Vice-President of India. In India, the vice-presidency is the second-highest position. In Article 63 of the Indian Constitution, the position of vice president is stated. Second in precedence and first in succession to the presidency, the vice presidency is the second-highest constitutional position after the presidency. The vice president is a member of the Indian Parliament and serves as the ex officio chairman of the Rajya Sabha.

Any suggestions or correction in this article - please click here ([email protected])

#GS - Paper II

Related Posts:

Fraternity – Explained

  • 12/Oct/2024
Introduction The term "fraternity" describes a feeling of brotherhood and national identity among a

Committees of Constituent Assembly

  • 10/Oct/2024
Introduction A number of committees were established by the Indian Constituent Assembly to tackle v

Equality – Explained

  • 16/Sep/2024
Introduction The absence of any form of disadvantage or discrimination is what is meant by equality

Schedule 2 of The Indian Constitution 

  • 11/Sep/2024
The Indian Constitution's Schedule 2 contains provisions pertaining to the allowances, privileges, a