Useful Notes on the Vice-President of India (Election, Qualification, Position and Powers)

Apart from having a President, Indian Constitution provides for a Vice President. But, he does to have any function in his capacity as Vice President. Nevertheless, he remains the second highest Constitutional dignitary.

1. Election:

The Vice President is elected by an electoral college consisting of all the members of Parliament (both the house), including nominated ones.

Election for the post of Vice President is conducted at a joint sitting of both the houses of Parliament. The procedure of joint sitting done away with 11^th Amendment Act 1961.

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2. Qualification:

Must be 35 years of age qualified to be member of the Rajya Sabha, does not hold any office of profit

3. Position:

Second highest Constitutional dignitary.

4. Tenure:

Five years from the date on which he enters upon his office.

Before entering upon his office, the VP is required to take an oath before the President or some person appointed by him.

5. Salary:

Rs. 1, 25, 000 per month (and other allowances)

The Constitution does not fix any emoluments for the Vice President of India. He is entitled to a salary as the Chairman of the Rajya Sabha. When he ‘acts’ as President, he is entitled to get the emoluments equivalent to that of the President.

6. Removal:

Article 67(b) called removal because less formal procedure is followed without any charges he can be removed.

The Vice President may be removed from his office by a resolution of the Rajya Sabha passed by effective majority and agreed to by Lok Sabha by simple majority.

However such a resolution can be moved only by giving at least fourteen day’s notice.

7. Functions:

The Vice President does not have any function to perform as Vice President of India.

The Vice President acts either as an ex-officio Chairman of the Rajya Sabha or, as an acting President when the office of the President is vacant by reason of his death, resignation or removal.

As an officiating President when ‘the President is unable to discharge his functions due to absence or illness.

As an Ex-Chairman of Rajya Sabha he conducts all its proceedings except when resolution for his removal is under consideration.

Ordinarily, he does not vote but when the house is divided equally on any issue, he exercises casting vote.