Vice-President of India – Election, Powers, Role & Removal Process

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Vice-President of India – Election, Powers, Role & Removal Process

Vice-President of India

Table of Contents

Position of the Vice-President

The Vice-President holds the second highest constitutional office in India.
In the official warrant of precedence, the Vice-President ranks immediately after the President.
The office of the Vice-President in India is modelled on the American Vice-President, combining both legislative and executive functions.

Election of the Vice-President

The Vice-President is not directly elected by the people but through an indirect election.
The election is conducted by an electoral college consisting of the members of both Houses of Parliament.
Difference from President’s Electoral College
- The Vice-President’s electoral college includes both elected and nominated members of the Lok Sabha and Rajya Sabha.
- In contrast, the President’s electoral college includes only elected members.
- It does not include state legislative assemblies, unlike the President’s electoral college which includes elected MLAs of states and UTs.
Reason for the Difference
- As Dr. B.R. Ambedkar explained, the President represents the entire Union, including the Centre and the states, hence MLAs participate in the President’s election.
- The Vice-President primarily functions as the Chairman of the Rajya Sabha, and only rarely acts as President temporarily. Therefore, only MPs participate in his election.
Manner of Election
- The election is conducted by the system of proportional representation by means of a single transferable vote.
- Voting is by secret ballot, as in the case of the President’s election.
Disputes and Legal Provisions
- All disputes regarding the election of the Vice-President are decided by the Supreme Court, and its decision is final.
- An election cannot be challenged on the ground of incomplete electoral college (such as vacant seats).
- If the Supreme Court declares the election void, acts done by the Vice-President before the declaration remain valid

Qualifications for Election as Vice-President

To be eligible for the office of Vice-President, a person must:
- Be a citizen of India.
- Have completed 35 years of age.
- Be qualified for election as a member of the Rajya Sabha.
- Not hold any office of profit under the Government of India, any state government, local authority, or any other public authority.
Exceptions to the ‘Office of Profit’ Clause
- The following are not considered to be holding an office of profit:
  - The sitting President or Vice-President,
  - The Governor of any state,
  - A Minister at the Union or state level.
Nomination Requirements
- A candidate’s nomination must be supported by at least 20 proposers and 20 seconders, all of whom must be electors.
- Every candidate must make a security deposit of ₹15,000 with the Reserve Bank of India.

Oath or Affirmation of the Vice-President

Before assuming office, the Vice-President must make and subscribe to an oath or affirmation in which he swears:
- To bear true faith and allegiance to the Constitution of India.
- To faithfully discharge the duties of his office.
The President of India administers the oath, or a person appointed by the President for that purpose.

Conditions of Office of the Vice-President

The Constitution specifies the following conditions for holding the office of Vice-President:
- The Vice-President should not be a member of either House of Parliament or a state legislature.
- If elected, the individual is deemed to have vacated their seat in the concerned House on the date they assume office.
- The Vice-President should not hold any other office of profit under the Government of India, any state government, or other public authorities.

Term of Office of the Vice-President

The Vice-President serves a term of five years from the date he enters office.
He may resign at any time by submitting his resignation letter to the President.
He can continue in office beyond his term until his successor assumes charge.
There is no limit on re-election; the Vice-President is eligible for any number of terms.

Term of Office of the Vice-President

The Vice-President serves a term of five years from the date he enters office.
Removal:
- The Vice-President can be removed before the completion of the term. However, a formal impeachment is not required for his removal.
- He can be removed by a resolution passed by a majority of all the then members of the Rajya Sabha(effective majority) and agreed to by the Lok Sabha(simple majority).
- The resolution to remove the Vice-President can be introduced only in the Rajya Sabha.
- At least 14 days’ advance notice must be given before moving such a resolution.
- The Constitution does not specify any grounds for the removal of the Vice-President
Resignation: He may resign at any time by submitting his resignation letter to the President.
There is no limit on re-election; the Vice-President is eligible for any number of terms.
The Vice-President can hold office beyond his term of five years until his successor assumes charge. He is also eligible for reelection to that office.

Vacancy in the Office of the Vice-President

A vacancy in the office of the Vice-President may occur due to any of the following reasons:
- Expiry of the five-year term.
- Resignation by submitting a letter to the President.
- Removal through a resolution of Parliament.
- Death while in office.
- Other reasons, such as disqualification from holding office or when his election is declared void.
Election Timing in Case of Vacancy
- If the vacancy is due to the expiry of the term, the election to fill the vacancy must be held before the term ends.
- If the vacancy occurs due to resignation, removal, death, or disqualification, the election should be held as soon as possible after the vacancy arises.
The newly-elected Vice-President holds office for a full term of five years from the date of assuming office, regardless of when the vacancy occurred.

Powers and Functions of the Vice-President

The Vice-President of India performs a dual role under the Constitution:
- Ex-officio Chairman of the Rajya Sabha
  - The Vice-President functions as the ex-officio Chairman of the Rajya Sabha (Council of States).
  - In this capacity, his powers and responsibilities are similar to those of the Speaker of the Lok Sabha.
  - Like the American Vice-President, he presides over the Upper House of the legislature but is not a member of it.
- Acting as President of India
  - The Vice-President acts as the President in the event of a vacancy in the office of the President due to:
    - Resignation
    - Impeachment
    - Death
    - Other reasons (e.g., disqualification or declared void)
The Vice-President can act as President for a maximum period of six months, within which a new President must be elected.
He also discharges the functions of the President when the President is unable to perform duties due to absence, illness, or other causes.
During such periods, the Deputy Chairman of the Rajya Sabha performs the duties of the Chairman.

Remuneration and Entitlements

The Constitution does not specify emoluments for the Vice-President in that capacity.
As Chairman of the Rajya Sabha, he draws a regular salary, which was revised to ₹4 lakh/month in 2018.
He is also entitled to daily allowance, furnished residence, and medical, travel, and other facilities.
During any period when the Vice-President acts as President or discharges the functions of the President, he is not entitled to the salary or allowance payable to the Chairman of Rajya Sabha, but the salary and allowance of the President.

FAQs

1. Who elects the Vice-President of India?

The Vice-President is elected by an electoral college consisting of members of both Houses of Parliament, including nominated members. State legislators do not participate in this election.

2. Why is the Vice-President elected differently from the President?

Unlike the President, the Vice-President primarily functions as the Chairman of Rajya Sabha, so only MPs participate in the election. MLAs do not vote in this election.

3. What are the qualifications to become Vice-President?

The candidate must:

Be a citizen of India
Be at least 35 years old
Be qualified for election to Rajya Sabha
Not hold an office of profit

4. What is the term of the Vice-President?

The Vice-President holds office for five years, but can continue till a successor takes charge. There is no limit on re-election.

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