Vice President of India Article 63-71 : Frontier IAS
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Vice President of India Article 63-71: Frontier IAS
The Vice-President of India is the second-highest constitutional office in the country. He serves for a five-year term but can continue to be in office, irrespective of the expiry of the term, until the successor assumes office. Let’s see article 63-71 which deal with the qualifications, election, and removal of Vice-President of India.
The Vice-President of India:
There shall be a Vice-President of India.
Election of Vice-President:
The election of Vice-President shall be indirect by an electoral college and in accordance with the system of proportional representation by means of single transferable vote and by secret ballot.
Electoral college consists of members of both Houses of Parliament.
Note: In President election, only elected members participate but in Vice-President election, both elected and nominated members of Houses of Parliament participate and State Legislature doesn’t take part.
Qualifications for election as Vice-President:
- He must be a citizen of India.
- He must have completed 35 years of age.
- He must be qualified to be elected as member of the Rajya Sabha
- He must not hold any office of profit.(The President,Vice-President,Governor of a State and a Minister of Union or State are not held to be holding an office of profit.)
Other Conditions for election:
- The Vice-President cannot be a member of either House of Parliament or either House of Legislature of a State.If such a member is elected, he ceases to be a member of the Parliament or the Legislature of State from the date he enters his office.
- The nomination of a candidate must be subscribed by at least 20 electors as proposers and 20 electors as seconders.Every candidate has to make security deposit of 15,000 in RBI.
Term of office of Vice-President:
Term of office of Vice-President is 5 years but he can continue to hold his office beyond 5 year term until his successor enters upon his office.
Time of holding elections to fill vacancy in the office of Vice-President and the tenure of elected person to fill casual vacancy:
(1) An election to fill vacancy caused by expiration of term of office shall be completed before expiration of term.
(2) An election to fill vacancy caused by reason of his death,resignation or removal or otherwise shall be held as soon as possible and person elected to fill such vacancy is entitled to hold office for complete 5 years from date on which he enters the office.
- The Vice-President may resign from his office by submitting his resignation to the President of India.(It is effective from the day when it is accepted).
- A formal impeachment is not needed for removal of the Vice-President.
Process for removal of the Vice-President:
- The Vice-President can be removed by a resolution of Rajya Sabha passed by a majority of all the members of the Rajya Sabha and then agreed to by the Lok Sabha.
- Before passing the resolution in Rajya Sabha,a 14 day notice should be given to Vice-President.
Note: Procedure of removal of Vice-President can only be initiated in Rajya Sabha.
Oath or affirmation by the Vice-President:
The Vice-President takes oath in the presence of the President “to bear true faith and allegiance to the Constitution of India and to faithfully discharge the duties of his office.”
Emoluments of Vice-President:
- He draws salary as the Chairman of Rajya Sabha. His monthly salary is 4,00,000 and he receives 2,00,000 as pension per month.
- He is also entitled to allowances and a rent-free accommodation.
Functions of Vice-President:
- The Vice-President is the ex-officio Chairperson of the Council of States and does not hold any other office of profit.
- When Vice-President acts as ,or discharges the functions of President, he does not perform the duties of the Chairperson of Rajya Sabha and, is not entitled to salary payable to the Chairperson of Rajya Sabha.
- The Vice-President acts as President, during casual vacancy by reason of resignation, removal, death, or otherwise, until a new President is elected within a maximum period of 6 months from the date of the vacancy.
- During this period, the Vice-President has all the powers, immunities, and privileges of the President and receives emoluments and allowances payable to the President.
The Vice-President's main function is to act as President in his absence and he is also the ex-officio Chairman of Rajya Sabha.
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