The mid-term resignation of Jagdeep Dhankhar has led to a rare vacancy in the Vice-President’s office. He is only the third Vice President since independence to resign before completing his term after V.V Giri and R. Venkataraman. This article covers everything about the Vice-President of India—constitutional provisions, powers, election process, tenure, and what happens in case of a vacancy—useful for UPSC and APSC (Prelims/ Mains)preparation.
Key facts important for APSC/UPSC:
- Article 63 of the Indian Constitution establishes the Vice President as the Second Highest office in India.
Election:
- He is not directly elected by the people.
- He is elected by an Electoral College consisting of:
-Elected and nominated members of Lok Sabha.
-Elected and nominated members of Rajya Sabha.
- Elections are held by secret ballot according to the principle of proportional representation by a single transferable vote.
Qualifications:
- He should be a citizen of India
- He should have completed 35 years of age
- He should be qualified for election as a member of the Rajya Sabha
Oath: Article 69
- The oath of office to the vice president is administered by the president or some other person appointed in that behalf by him.
Powers and Functions:
- The vice president acts as the chairman of Rajya Sabha.
- He acts as president when a vacancy occurs in the office of president.
Term of Office: Article 67
- 5 Years
- Eligible for re election.
Conditions of Office
- Cannot be a member of Parliament or State legislature.
- Must not hold any other office of profit.
Election disputes: Disputes relating to the election of president and vice president shall be heard and decided by the Supreme Court whose decision is final. Under the president and vice president election act 1952, a dispute petition can be filed only by contesting candidate or by an election.
Removal of Vice President:
- There is no ground for removal for the VICE PRESIDENT in the constitution.
- Under article 67(b), the process of removal of VICE PRESIDENT shall originate in the Rajya Sabha.
- If the Rajya Sabha passes a resolution supported by a majority of the then members of the house and Lok Sabha Passes it with simple majority, the Vice President shall be removed from his office.
Vacancy in the office of Vice President
- Death, resignation, removal or otherwise.
- If there occurs a vacancy in the office of vice president, the constitution does not mention the time within which the election for the new Vice President is to be conducted.
- Moreover, the Constitution does not provide for an acting Vice- President.
Election disputes: Disputes relating to the election of president and vice president shall be heard and decided by the Supreme Court whose decision is final. Under the President and Vice President Election Act 1952, a dispute petition can be filed only by contesting candidate or by an elector.
APSC/ UPSC Previous Year Question
Q.Which of the following qualifications are necessary for the office of the Vice President of India as per the Indian Constitution?(APSC CCE 2022)
(i) The person must be a citizen of India.
(ii) The person must be a member of the Rajya Sabha.
(iii) The person must be above 35 years of age.
Select the correct answer using the codes given below.
(A) (i), (ii) and (iii)
(B) Only (i) and (iii)
(C) Only (ii) and (iii)
(D) Only (i) and (ii)
Correct Answer: B
Explanation: For explanation refer to click here
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