CONSTITUTION OF INDIA - THE VICE PRESIDENT OF INDIA
• The Vice President of India is the Second-Highest Constitutional Office in India, after the President.
• Article 63 of Indian Constitution states that there shall be a Vice-President of India and he/she shall act as President in the absence of the President due to Death, Resignation, Impeachment, or other Situations.
• The Vice President of India is also Ex-Officio Chairperson of the Rajya Sabha.
Qualifying Criteria:
• Must be a Citizen of India
• More that 35 years of Age
• Posses the Qualification of Membership of Rajya Sabha
• Not hold any office of profit under union, state of local authority. However, for this purpose, the President, Vice-President, Governor of a State and a Minister of the Union or a State, are not held to be holding an office of profit
The Election Process:
• The Vice-President is Elected Indirectly by Members of an Electoral College consisting of the members of Both Houses of Parliament in accordance with the system of Proportional Representation by means of the Single transferable vote and the voting is by secret ballot.
• The Election of the Vice President is slightly different from the election of the President as the members of State Legislatures are not part of the Electoral College for the Vice Presidential election.
• The Nomination of a candidate for election to the office of the Vice President must be subscribed by at least 20 Electors as Proposers and 20 Electors as secondary.
• Every candidate has to make a security deposit of Rs.15,000 in the Reserve Bank of India.
• The Vice-President may resign his office by submitting his resignation to the President. The resignation becomes effective from the day it is accepted.
Term And Emoluments:
• The Vice President holds office for Five years.
• He/she can be re-elected Any Number of Times.
• There is no provision for the Salary of the Vice President of India in that capacity. He/She gets the salary in his capacity as the Ex-Officio Chairman of the Rajya Sabha(Council of States), which is currently Rs. 1,25,000 per month. In addition, he/she is entitled to daily allowance, free furnished residence, medical, travel and other facilities.
• The constitution provides that when the Ex-Officio Vice President acts as the Presidentor discharges the duties of the President, he/she is entitled to the salary and privileges of the President.
• The pension for the Vice-President is 50% of the salary.
The Removal:
• The Vice President cannot be formally impeached, unlike the President.
• The Constitution states that the Vice President can be removed by a resolution of the Rajya Sabha passed by an effective majority (more than 50% of effective membership(total membership - Vacant seats)) and agreed to by a simple majority (50% of present and voting members) of the Lok Sabha (Article 67(b)).
• But no such resolution may be moved unless at least 14 days advance notice has been given. Notably, the Constitution does not list grounds for removal.
Under Article: 102:
• A person cannot become a Member of Lok Sabha or Rajya Sabha if he is of unsound mind and a competent court has declared so, an undischarged insolvent, has voluntarily acquired the citizenship of a foreign state or if he has been disqualified under any parliamentary law.
• A person is not eligible if he holds any office of profit under the Government of India or a State Government or any subordinate local authority (Art. 66.4)
• The Vice-Presidents not a member of either House of Parliament or of a House of a legislature of any state.
• If a member of either House of Parliament or of a House of a legislature of any state is elected as Vice- President, he is deemed to have vacated his seat in that House on the date he/she enters his office as Vice-President (Art.662).
Superintendence of the Election of the Vice-President:
• The Election Commission of India conducts the election to the office of the Vice- President.
Important Provisions relating to the Election of the Vice-President are:
• The election of the next Vice-President is to be held within 60 days of the expiry of the term of office of the outgoing Vice-President.
• The Returning Officer appointed to conduct the Vice-Presidential sections is the Secretary-General of either House of the Parliament by rotation.
• Any person qualified to be elected and intending to stand for election as Vice-President is required to be nominated by at least 20 MPs as proposers and at least 20 MPs as seconders.
• A candidate seeking election as Vice-President is required to make a security deposit of Rs. 15,000/-. He loss the security deposit if he does not secure 1/6th of the valid votes.
Disputes Regarding Election of the Vice-President:
• An election petition calling in question an election to the office of Vice-President may be presented by any candidate at such election or by any ten or more electors joined together as petitioners.
• According to Article 71 of the Constitution, all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court.
• Further, according to Presidential and Vice-Presidential Elections Act, 1952, an election petition can be tiled only before the Supreme Court.
• A petition challenging the election of the Vice-President is heard by a five-judge bench of the Supreme Court of India.
• The petition has necessarily to be accompanied by a security deposit of Rs 20,000/-.
• An election petition may he presented within 30 days from the date of publication of the declaration containing the name of the returned candidate.
Oath of the Vice President:
Oath of Affirmation by the Vice-President:
• bear true faith and allegiance to solemnly affirm the Constitution of India as by law established and
• to faithfully discharge the duties of his office
Conditions of Office:
The Constitution lays down the following two conditions of the Vice-President‘s office:
1. He should not be a member of either House of Parliament or a House of the state legislature. If any such person is elected Vice-President, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.
2. He should not hold any other office of profit
Term of office:
• It is five: years from the date of assumption of office. Even after the expiration of the term, the vice- President shall continue in office until his successor assumes office.
• Art. 67(c). The Vice-President may resign his office by writing to the President. The resignation becomes effective from the day it is accepted.
Vacancy:
• An election to fill a vacancy caused by the expiry of the term of office of Vice- President is completed before the expiry of the term. In case a vacancy arises by reasons of death, resignation or removal or otherwise, the election to fill that vacancy is held as soon as possible after the occurrence.
• In contrast, the Constitution provides an outer limit of six months (Article 62) for election to the office of the President of India under these circumstances.
• The person so elected is entitled to hold office for a full term of 5 years from the date he enters office. The Constitution is silent on who performs the duties of the Vice-President, when a vacancy occurs in the office of the Vice-President of India, before the expiry of his term, or when the Vice-President acts as the President of India.
• The only provision in the Constitution is with regard to the Vice-Presidents function as the Chairperson of the Council of States (Rajya Sabha), which is performed, during the period of such vacancy, by the Deputy Chairperson of the Rajya Sabha, or any other member of the Rajya Sabha authorised by the President of India (Protem Chairman).
Powers and Functions:
The functions of Vice-President are two-fold:
• Article 63 of Indian Constitution states that there shall be a Vice-President of India and he/she shall act as President in the absence of the President due to Death, Resignation, Impeachment, or other Situations.
• The Vice President of India is also Ex-Officio Chairperson of the Rajya Sabha.
Qualifying Criteria:
• Must be a Citizen of India
• More that 35 years of Age
• Posses the Qualification of Membership of Rajya Sabha
• Not hold any office of profit under union, state of local authority. However, for this purpose, the President, Vice-President, Governor of a State and a Minister of the Union or a State, are not held to be holding an office of profit
The Election Process:
• The Vice-President is Elected Indirectly by Members of an Electoral College consisting of the members of Both Houses of Parliament in accordance with the system of Proportional Representation by means of the Single transferable vote and the voting is by secret ballot.
• The Election of the Vice President is slightly different from the election of the President as the members of State Legislatures are not part of the Electoral College for the Vice Presidential election.
• The Nomination of a candidate for election to the office of the Vice President must be subscribed by at least 20 Electors as Proposers and 20 Electors as secondary.
• Every candidate has to make a security deposit of Rs.15,000 in the Reserve Bank of India.
• The Vice-President may resign his office by submitting his resignation to the President. The resignation becomes effective from the day it is accepted.
Term And Emoluments:
• The Vice President holds office for Five years.
• He/she can be re-elected Any Number of Times.
• There is no provision for the Salary of the Vice President of India in that capacity. He/She gets the salary in his capacity as the Ex-Officio Chairman of the Rajya Sabha(Council of States), which is currently Rs. 1,25,000 per month. In addition, he/she is entitled to daily allowance, free furnished residence, medical, travel and other facilities.
• The constitution provides that when the Ex-Officio Vice President acts as the Presidentor discharges the duties of the President, he/she is entitled to the salary and privileges of the President.
• The pension for the Vice-President is 50% of the salary.
The Removal:
• The Vice President cannot be formally impeached, unlike the President.
• The Constitution states that the Vice President can be removed by a resolution of the Rajya Sabha passed by an effective majority (more than 50% of effective membership(total membership - Vacant seats)) and agreed to by a simple majority (50% of present and voting members) of the Lok Sabha (Article 67(b)).
• But no such resolution may be moved unless at least 14 days advance notice has been given. Notably, the Constitution does not list grounds for removal.
Under Article: 102:
• A person cannot become a Member of Lok Sabha or Rajya Sabha if he is of unsound mind and a competent court has declared so, an undischarged insolvent, has voluntarily acquired the citizenship of a foreign state or if he has been disqualified under any parliamentary law.
• A person is not eligible if he holds any office of profit under the Government of India or a State Government or any subordinate local authority (Art. 66.4)
• The Vice-Presidents not a member of either House of Parliament or of a House of a legislature of any state.
• If a member of either House of Parliament or of a House of a legislature of any state is elected as Vice- President, he is deemed to have vacated his seat in that House on the date he/she enters his office as Vice-President (Art.662).
Superintendence of the Election of the Vice-President:
• The Election Commission of India conducts the election to the office of the Vice- President.
Important Provisions relating to the Election of the Vice-President are:
• The election of the next Vice-President is to be held within 60 days of the expiry of the term of office of the outgoing Vice-President.
• The Returning Officer appointed to conduct the Vice-Presidential sections is the Secretary-General of either House of the Parliament by rotation.
• Any person qualified to be elected and intending to stand for election as Vice-President is required to be nominated by at least 20 MPs as proposers and at least 20 MPs as seconders.
• A candidate seeking election as Vice-President is required to make a security deposit of Rs. 15,000/-. He loss the security deposit if he does not secure 1/6th of the valid votes.
Disputes Regarding Election of the Vice-President:
• An election petition calling in question an election to the office of Vice-President may be presented by any candidate at such election or by any ten or more electors joined together as petitioners.
• According to Article 71 of the Constitution, all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court.
• Further, according to Presidential and Vice-Presidential Elections Act, 1952, an election petition can be tiled only before the Supreme Court.
• A petition challenging the election of the Vice-President is heard by a five-judge bench of the Supreme Court of India.
• The petition has necessarily to be accompanied by a security deposit of Rs 20,000/-.
• An election petition may he presented within 30 days from the date of publication of the declaration containing the name of the returned candidate.
Oath of the Vice President:
Oath of Affirmation by the Vice-President:
• bear true faith and allegiance to solemnly affirm the Constitution of India as by law established and
• to faithfully discharge the duties of his office
Conditions of Office:
The Constitution lays down the following two conditions of the Vice-President‘s office:
1. He should not be a member of either House of Parliament or a House of the state legislature. If any such person is elected Vice-President, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.
2. He should not hold any other office of profit
Term of office:
• It is five: years from the date of assumption of office. Even after the expiration of the term, the vice- President shall continue in office until his successor assumes office.
• Art. 67(c). The Vice-President may resign his office by writing to the President. The resignation becomes effective from the day it is accepted.
Vacancy:
• An election to fill a vacancy caused by the expiry of the term of office of Vice- President is completed before the expiry of the term. In case a vacancy arises by reasons of death, resignation or removal or otherwise, the election to fill that vacancy is held as soon as possible after the occurrence.
• In contrast, the Constitution provides an outer limit of six months (Article 62) for election to the office of the President of India under these circumstances.
• The person so elected is entitled to hold office for a full term of 5 years from the date he enters office. The Constitution is silent on who performs the duties of the Vice-President, when a vacancy occurs in the office of the Vice-President of India, before the expiry of his term, or when the Vice-President acts as the President of India.
• The only provision in the Constitution is with regard to the Vice-Presidents function as the Chairperson of the Council of States (Rajya Sabha), which is performed, during the period of such vacancy, by the Deputy Chairperson of the Rajya Sabha, or any other member of the Rajya Sabha authorised by the President of India (Protem Chairman).
Powers and Functions:
The functions of Vice-President are two-fold:
1. He acts as the ex-officio Chairman of Rajya Sabha. In this capacity, his powers and functions are similar to those of the Speaker of Lok Sabha. In this respect, he resembles the American vice- president who also acts as the Chairman of the Senate—the Upper House of the American legislature.
2. He acts as President when a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise.7 He can act as President only for a maximum period of six months within which a new President has to be elected. Further, when the sitting President is unable to discharge his functions due to absence, illness or any other cause, the Vice-President discharges his functions until the President resumes his office.
Magme Guru is India's Biggest learning free App for Aspirants who are competing for all government exams with more than 2350+ Subjects and 523+ Exams.
No comments:
Post a Comment