Hello Readers
In the Previous article we
covered all important Points on The President of India, In the continuation of
the same series , we are providing you the most exam oriented point on The Vice
president of India, how he is selected, what are his duties and the powers he
enjoys. We have covered everything required in context of SSC and FCI exams.
Hope you like it and share it with your friends too.
Vice-President Of India
·
There shall
be a Vice-President of India (Article 63)
·
The
Vice-President of India is the second highest constitutional office in the
country.
Note: The
articles 63-73 which deal with the qualifications, election and removal
of Vice-President of India.
Article 64 :
The Vice-President to be ex-officio Chairman
of the Council of States
Article 65:
·
The
Vice-President to act as President or to discharge his functions during casual
vacancies in the office, or during the absence, of President
Article 66 : Election :
·
The
Vice-President is elected by members of an electoral college consisting of the
members of both Houses of Parliament.
·
However, his
election is different from that of the President as the state legislatures have
no part in it.
Criteria
·
Citizen of India
·
More than 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
Tenure:
·
Five years
and is eligible for immediate reelection.
Article 69: Oath or affirmation
by the Vice-President
Every Vice-President shall, before entering
upon his office, make and subscribe before the President, or some person
appointed in that behalf by him, an oath or affirmation in the following form,
that is to say –
“I, A.B., do swear in the name of
God /solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established and that I will discharge the duty
upon which I am about to enter.”
Article 71 : -
·
Matters
relating to, or connected with, the election of a President or Vice-President
Article 72: -
·
Power of
President to grant pardons, etc., and to suspend, remit or commute sentences in
certain cases
Functions:
·
Acts as
ex-officio Chairman of the Rajya Sabha.
·
Officiates
as President in case of death, resignation or removal of the latter.
·
Functions as
the President when the President is unable to discharge his functions due to
illness, absence or any other cause.
Important Question of Above
notes:
- Can Vice-President of India
continue to be in office irrespective of the expiry of his term of 5
years?
Ans: Yes. Until the successor assumes
office.
- 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?
Ans : Constitution is silent on this matter.
- Who performs the Vice-President’s
function as the Chairperson of the Council of States (Rajya
Sabha) when a vacancy occurs in the office of the Vice-President of
India?
Ans : Deputy Chairperson of the Rajya
Sabha, or any other member of the Rajya Sabha authorised by the President of
India.
- Salary for Vice-President for his role
as Vice-President of India?
Ans : No salary for the role as
Vice-President. Salary is for the role as ex-officio Chairperson of the
Council of States (Rajya Sabha).
- Salary for Vice-President for his role
as ex-officio Chairperson of the Council of States (Rajya Sabha)?
Ans : Rs.1.25 lakhs.
- Salary for Vice-President when
Vice-President acts as President of India?
Ans : He will get salary of Indian President,
ie Rs.1.5 lakh. But he will stop getting the salary of ex-officio chaiman of
Rajya Sabha.
- Can nominated members participate in the
election and removal process of Vice President?
Ans: Yes. (NB: For Presidential election
nominated members cannot participate.)
- Vice-President is neither an elected nor
nominated member of Rajya Sabha. But being the chairman of Rajya Sabha,
can he cast vote?
Ans : Yes. The Chairman has a casting
vote in the case of an equality of votes.
- How can the Vice-President of India
removed from his office?
Ans: Vice-President may be removed from
his office by a resolution of the Council of States passed by a majority of all
the then members of the Council and agreed to by the House of the People; but
no resolution for the purpose of this clause shall be moved unless at least
fourteen days’ notice has been given of the intention to move the resolution.
Removal of Vice-President of India:
Aspirants
are requested to note a mistake which you might find in many textbooks on
Indian Polity, under the topic ‘Removal of the Vice-President of India’. I have
seen text-books mentioning that removal of Vice-President needs absolute
majority (half of the total strength of the house). But this cannot be right.
Let’s check once again what is mentioned in
Constitution, Article 67(b).
A
Vice-President may be removed from his office by a resolution of the Council of
States passed by a majority of all the then members of the Council and
agreed to by the House of the People; but no resolution for the purpose of this
clause shall be moved unless at least fourteen days’ notice has been given of
the intention to move the resolution.
Let’s see what is the importance
of the word “then” here.
Suppose the present strength of Rajya Sabha is
245 seats. And if 45 seats are vacant, then the strength of the house gets
reduced to 200. So a majority of all the then members of the
Council means that removal of Vice-President needs the approval of
101 Rajay Sabha MPs.
As shown
above, this majority is not Absolute Majority (Total Strength of the House),
but Effective Majority (Total Strength of the House – Vacancies). Whether the
phrase “a majority of all the then members of the Council” can
be interpreted as Simple Majority (Majority among those who are present and
voting) is a matter of debate. But anyways, the removal does not need absolute
majority or special majority. It can be said that resolution for removal of
Vice-President requires an effective majority in Rajya Sabha and a simple
majority in Loksabha.
Note: President’s impeachment resolution requires
special majority (2/3rd of total strength of the house) at both houses
to get itself passed.
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