Vice- president of india ( Important for APSC)

Vice- president of india . The position of Vice-President in India is structured based on the framework of the American Vice-Presidency. In the Indian context, the Vice-President holds the distinction of being the second-highest-ranking official in the country’s government hierarchy. This significant role is enshrined in Article 63 of the Indian Constitution, which explicitly outlines the responsibilities and authority vested in the office of the Vice-President.

The Vice-President of India assumes a critical role in the nation’s governance, serving as the constitutional successor to the President in the event of the President’s absence, resignation, or incapacity. Beyond this vital constitutional role, the Vice-President also plays a pivotal part in the functioning of the Rajya Sabha, the upper house of India’s Parliament.

The Vice-President serves as the ex-officio Chairman of the Rajya Sabha, presiding over its sessions and ensuring the orderly conduct of debates and discussions. This dual role, as both the constitutional successor to the President and the presiding officer of the Rajya Sabha, underscores the office’s significance and influence in the Indian political landscape.

Moreover, the Vice-President often represents India on the international stage, participating in diplomatic events and engagements, thereby contributing to the nation’s global presence and diplomacy.

The Vice-President of India embodies a unique blend of constitutional responsibilities, parliamentary leadership, and diplomatic representation, making the office a pivotal component of India’s democratic framework and governance structure.

How the Vice-president of india elected?

The Vice-President of India is not directly elected but is chosen indirectly through an Electoral College. This electoral process bears similarities to the one used to select the President of India, although it’s essential to note that the Electoral College responsible for electing the Vice-President differs from the one that elects the President.

Here are the distinctions between the two electoral colleges:

Composition of Electoral College

– In the case of the Vice-President’s election, the Electoral College comprises both elected and nominated members of both Houses of Parliament. Notably, nominated members participate in this process.

   – Conversely, in presidential elections, nominated members are not included as part of the electoral college. Only elected representatives are involved.

Involvement of States

 – For the Vice-President’s elections, the states do not have a role to play. The elected and nominated members from the state legislative assemblies are not part of the Electoral College.

   – In contrast, in presidential elections, the electoral college includes members elected by the state legislative assemblies, making the states’ participation a crucial component of the process.

These differences underscore the distinct mechanisms by which the Vice-President and President of India are selected, with the composition and participation of the Electoral College being the primary distinguishing factors.

Who can be a Vice- president of india ?

To be eligible for the position of Vice President in India, an individual must meet two key qualifications. First, they must be at least 35 years of age or older. Second, they must possess the qualifications required to be elected as a member of the Rajya Sabha.

Vice- president of india And The Constitution

Part V of the Indian Constitution, within Chapter I focusing on the Executive, dedicates a section to the office of the Vice-President of India. This distinguished position holds the rank of the second highest constitutional office within the nation. The Vice-President serves a fixed five-year term; however, they can continue in office beyond the term’s expiration until their successor formally takes over the responsibilities of the position.

Let’s see articles 63-73 which deal with the qualifications, election, and removal of Vice-President of India.

ARTICLE 63: THE VICE-PRESIDENT OF INDIA

There shall be a Vice-President of India.

ARTICLE 64: THE VICE-PRESIDENT TO BE EX-OFFICIO CHAIRMAN OF THE COUNCIL OF STATES

Article 64 of the Indian Constitution establishes that the Vice-President of India shall serve as the ex-officio Chairman of the Council of States. It specifies that while occupying this position, the Vice-President is not permitted to hold any other office for financial gain.

 The article includes a provision indicating that when the Vice-President is acting as the President or fulfilling the President’s duties in accordance with Article 65, they are temporarily relieved of their responsibilities as the Chairman of the Council of States. During this period, they are neither entitled to execute the duties of the Chairman’s office nor receive any salary or allowances typically allocated to the Chairman of the Council of States as per Article 97.

ARTICLE 65: THE VICE-PRESIDENT TO ACT AS PRESIDENT OR TO DISCHARGE HIS FUNCTIONS DURING CASUAL VACANCIES IN THE OFFICE, OR THE ABSENCE, OF THE PRESIDENT

(1) In the event of a vacancy occurring in the office of the President due to reasons such as death, resignation, removal, or any other circumstances, the Vice-President shall assume the role of the President until a newly elected President, in accordance with the provisions of this Chapter, officially takes office.

(2) When the President is unable to carry out their duties due to absence, illness, or any other incapacitating factor, the Vice-President shall temporarily take on the President’s responsibilities until the President is capable of resuming their duties.

(3) While acting as the President or discharging the President’s functions, the Vice-President shall possess all the powers and immunities of the President. They shall also be entitled to receive emoluments, allowances, and privileges as determined by Parliament through legislation. Until such laws are enacted, the Vice-President shall receive the emoluments, allowances, and privileges specified in the Second Schedule.

ARTICLE 66: ELECTION OF VICE-PRESIDENT

(1) The Vice-President shall be chosen through an electoral process conducted by an electoral college. This electoral college is comprised of members from both Houses of Parliament and employs a system of proportional representation using a single transferable vote. The voting in this election shall remain confidential through the use of a secret ballot.

(2) The Vice-President cannot simultaneously hold a membership in either House of Parliament or a State Legislature. If a person who is a member of either House of Parliament or a State Legislature is elected as Vice-President, they shall be considered to have vacated their seat in that legislative body on the date they assume the office of Vice-President.

(3) To be eligible for the position of Vice-President, a person must meet the following criteria:

   (a) Be a citizen of India.

   (b) Have attained the age of thirty-five years or more.

   (c) Possess the qualifications necessary for election as a member of the Council of States.

(4) An individual is disqualified from running for the position of Vice-President if they hold any office of profit under the Government of India, the Government of any State, or any other local or governmental authority under the jurisdiction of these governments. It’s important to note that for the purposes of this article, holding the positions of President, Vice-President of the Union, Governor of any State, or serving as a Minister at either the Union or State level does not constitute holding an office of profit.

ARTICLE 67: TERM OF OFFICE OF VICE-PRESIDENT

The Vice-President’s term in office lasts for a duration of five years, commencing from the date of assuming office.

(a) The Vice-President has the option to resign from their position by submitting a written resignation addressed to the President.

(b) The Vice-President can be removed from office through a resolution passed by the Council of States, requiring a majority vote from all current Council members and subsequent agreement from the House of the People. Importantly, such a resolution can only be proposed after giving a minimum notice period of fourteen days announcing the intention to introduce it.

(c) Even after the conclusion of their five-year term, the Vice-President remains in office until their successor officially assumes the role.

ARTICLE 68: TIME OF HOLDING ELECTION TO FILL A VACANCY IN THE OFFICE OF VICE-PRESIDENT AND THE TERM OF OFFICE OF THE PERSON ELECTED TO FILL A CASUAL VACANCY

(1) When a vacancy arises due to the conclusion of the Vice-President’s term, the election to select a new Vice-President must be finalized before the current term expires.

(2) In the event of a vacancy in the Vice-President’s office resulting from circumstances such as death, resignation, removal, or any other cause, an election to fill that vacancy shall be conducted as promptly as possible. The individual elected to fill this vacancy, in accordance with the provisions detailed in Article 67, shall have the privilege of holding the office for the complete term of five years, commencing from the date they assume their duties.

ARTICLE 69: OATH OR AFFIRMATION BY THE VICE-PRESIDENT

Before assuming their responsibilities, every Vice-President must take an oath or make an affirmation, either before the President or a person appointed for this purpose by the President. The oath or affirmation shall be in the following form:

“I, A.B., solemnly swear in the name of God / affirm solemnly that I will uphold true faith and allegiance to the Constitution of India, as established by law, and that I will faithfully discharge the duties of the office I am about to enter.”

ARTICLE 70: DISCHARGE OF PRESIDENT’S FUNCTIONS IN OTHER CONTINGENCIES

Parliament has the authority to establish suitable arrangements for the execution of the President’s duties in any situation that is not explicitly addressed in this Chapter.

ARTICLE 71: MATTERS RELATING TO, OR CONNECTED WITH, THE ELECTION OF A PRESIDENT OR VICE-PRESIDENT

(1) Any uncertainties or disputes arising from the election of a President or Vice-President shall be examined and conclusively resolved by the Supreme Court.

(2) In the event that the Supreme Court declares the election of an individual as President or Vice-President as null and void, any actions carried out by them while exercising the powers and fulfilling the responsibilities of the respective office, on or before the date of the Supreme Court’s decision, shall remain valid and unaffected by such a declaration.

(3) Parliament possesses the authority, within the framework of this Constitution, to enact legislation to govern any aspect related to or associated with the election of a President or Vice-President.

(4) The election of an individual as President or Vice-President shall not be questioned on the basis of any vacancies that may exist among the members of the electoral college responsible for their election, regardless of the cause of such vacancies.

ARTICLE 72: POWER OF PRESIDENT TO GRANT PARDONS, ETC., AND TO SUSPEND, REMIT, OR COMMUTE SENTENCES IN CERTAIN CASES

(1) The President possesses the authority to grant pardons, reprieves, respites, or reductions in punishment, as well as the ability to suspend, remit, or alter the sentences of individuals convicted of offenses in the following instances:

   (a) In all cases where the punishment or sentence is issued by a Court Martial.

   (b) In all cases where the punishment or sentence pertains to an offense falling under the jurisdiction of the Union’s executive power.

   (c) In all cases where the sentence pronounced is the death penalty.

(2) Subsection (a) of clause (1) does not impact the legal power vested in any officer of the Armed Forces of the Union to suspend, remit, or modify a sentence issued by a Court-martial.

(3) Subsection (c) of clause (1) does not hinder the Governor of a State from exercising the authority to suspend, remit, or modify a death sentence as per the prevailing laws in force.

ARTICLE 73: EXTENT OF EXECUTIVE POWER OF THE UNION

(1) Within the confines of the Constitution’s provisions, the executive authority of the Union extends to:

(a) Matters over which Parliament holds the authority to enact laws.

(b) The execution of rights, powers, and jurisdiction that the Government of India can exercise under any international treaty or agreement. It’s important to note that the executive authority mentioned in subsection (a) shall not, unless explicitly stated in this Constitution or any legislation passed by Parliament, encroach upon matters within a State’s jurisdiction where the State Legislature also holds the authority to legislate.

(2) Until such time that Parliament establishes otherwise, a State and any of its officers or authorities may, without prejudice to the stipulations of this article, continue to exercise, in matters over which Parliament has legislative authority for that State, the same executive power and functions that the State, its officers, or authorities held immediately before the commencement of this Constitution.

Removal of Vice- president of india

A Vice-President can be removed from office through a resolution passed by the Council of States, which must garner a majority vote from all the members of the Council at that time. However, moving such a resolution is subject to a requirement that a notice of at least fourteen days’ intention to propose the resolution must precede its submission, and the resolution must also be endorsed by the House of the People.

Powers and Functions of Vice President

• He serves as the ex-officio Chairman of the Rajya Sabha, akin to the Speaker of the Lok Sabha, and resembles the American Vice-President who presides over the Senate.
• When a vacancy occurs in the President’s office due to resignation, removal, death, or other reasons, the Vice-President temporarily assumes the role of the President. However, this temporary presidency cannot exceed six months, and a new President must be elected within that time frame.
•  In situations where the sitting President is unable to discharge his duties due to absence, illness, or other reasons, the Vice-President takes over these responsibilities until the President can resume office.
• The election of a person as Vice-President cannot be challenged on the grounds of an incomplete electoral college, even if vacancies exist among its members.
• If the Supreme Court declares the election of a person as Vice-President void, any actions taken by that individual before the Supreme Court’s declaration remain valid and in force.

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