The vice-President of India is the 2nd most important authoritative body after the President. Article 65 of the Indian Constitution entitled him to take important decisions in certain cases of contingency due to resignation, removal, death, impeachment, or the inability of the president to discharge his/her functions.
• Vice President is indirectly elected by means of a single transferable vote.
• State Legislatures do not take part in the election of the Vice-President.
• Article 66 – The electoral college for Vice-President consists of the members of both Houses of Parliament.
Eligibility of vice president of India –
- A citizen of India.
- Over 35 years of Age.
- Must not hold an office of profit save that of President, Vice-President, Governor or Minister for the Union of a state (Article 66)
- Qualified for election as a member of the Rajya Sabha.
Important Points related to the Vice-President of India
- In case a member of the Legislature is elected Vice-President, he shall be deemed to have vacated his seat in the House to which he belongs.
- The term of the office of Vice-President is five years from the date on which he enters upon his office. Office of Vice-President may terminate earlier that the fixed term either by resignation or by removal.
- A formal impeachment is not required for Vice-President’s removal.
- Article 67 – The vice-President can be removed by a resolution of the Rajya Sabha passed by a majority of its members and agreed to by the Lok Sabha.
- A sitting Vice-President is eligible for re-election. Dr S. Radhakrishnan was elected as the Vice-President of India for a second term in 1957.
- No functions are attached to the office of the Vice-President is to act as the ex-officio Chairman of the Rajya Sabha.
- Article 65(1) – If any vacancy occurs in the office of the President, Vice-President acts as President until a new President is elected and enters his office
- For the first time during the 15-day visit of Dr Rajendra Prasad to the Soviet Union in June 1960, the then Vice-President, Dr S. Radhakrishnan acted as the President owing to the ‘inability’ of the President to discharge his duties.
- The power to determine when the President is unable to discharge his duties or when he should resume his duties is understood to belong to the President himself.
- If the offices of both the President and the Vice-President fall vacant by reason of death, resignation, removal etc. the Chief Justice of India or in his absence the senior-most Judge of the Supreme Court acts as President.
- For the first time in 1969 when President Dr Zakir Hussain died and the Vice-President V.V Giri resigned, the Chief Justice Md Hidayatullah acted as President.
- When the Vice-President acts as President, he gets the emoluments of the President; otherwise, he gets the salary of the Chairman of the Rajya Sabha. When the Vice-President acts as President, the Deputy Chairman of the Rajya Sabha acts as its Chairman (Article 91).
- Determination of doubts and disputes relating to the election of a President or Vice-President is described in Article 71. Main provisions are as follows:-
- Such disputes are decided by the Supreme Court whose jurisdiction is exclusive and final.
- No such dispute can be raised on the ground of any vacancy in the electoral college.
- If the election of the President is declared void by the Supreme Court, acts done by him prior to the date of such decision of the Supreme Court are not invalidated.
- Matters other than the decision of such disputes are regulated by law made by Parliament.