Vice-President of India

Notes

The Vice-President (Art. 63 to 73) is the second-highest constitutional office. The office is modelled on the US Vice-Presidency. Art. 63: There shall be a Vice-President of India.

Election (Art. 66)

Electoral College: members (elected and nominated) of both Houses of Parliament. State legislatures do not participate (unlike the Presidential election).
Proportional representation by single transferable vote, secret ballot. All members' votes have equal value.
Conducted by the Election Commission of India; disputes go to the Supreme Court (Art. 71).

Qualifications: citizen of India; at least 35 years; qualified for election as a member of the Rajya Sabha; must not hold an office of profit; must not be a member of Parliament or a State legislature.

Nomination: proposed by 20 electors and seconded by 20 electors; security deposit ₹15,000.

Term and removal

Five years; continues until the successor assumes office; may be re-elected.
Resignation addressed to the President.
Removal (Art. 67(b)): a resolution passed by a majority of all then members of the Rajya Sabha and agreed to by the Lok Sabha by simple majority; 14 days' notice. No grounds are specified, and the process is not called impeachment.

Functions

Ex-officio Chairman of the Rajya Sabha (Art. 64). He does not vote except to give a casting vote in a tie.
Acts as President when the office is vacant due to death, resignation, removal or otherwise (Art. 65), until a new President is elected, and also when the President is unable to discharge functions due to absence or illness. He receives the President's emoluments and has all powers and immunities, but does not perform the duties of RS Chairman during that time.
When acting as President, he can serve a maximum of six months in the case of a vacancy.
Examples: V.V. Giri acted as President after the death of Dr. Zakir Husain (1969); Justice M. Hidayatullah (Chief Justice) then acted as President briefly when Giri resigned to contest.

Key Points

Art. 63-73; ex-officio Chairman of the Rajya Sabha.
Electoral college: both Houses of Parliament only (all members, including nominated).
Casting vote only; acts as President when the office is vacant.
Removal: Rajya Sabha resolution (absolute majority) plus Lok Sabha simple majority.
20 proposers and 20 seconders.

MCQs

Q1. The Vice-President of India is elected by: (a) Elected members of both Houses of Parliament only (b) All members of both Houses of Parliament (c) Members of Parliament and State legislatures (d) Rajya Sabha members only Ans: (b). Includes nominated members.

Q2. The Vice-President can be removed by a resolution passed by: (a) Two-thirds of Parliament (b) Absolute majority of Rajya Sabha and simple majority of Lok Sabha (c) Simple majority of both Houses (d) Supreme Court order Ans: (b). Art. 67(b).

Q3. The Vice-President votes in the Rajya Sabha: (a) Always (b) Only in case of a tie (c) Never (d) Only on Money Bills Ans: (b). Casting vote.