The vice President of India

THE 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, VicePresident, 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 9Ref. : Art. 65(1). 

 For the first time during the 15-day visit of Dr. Rajendra Prasad to the Soviet Union 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 Hussain 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 double 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.