The Vice President

The Vice President

The Vice President of India 

• Second citizen of India
• Office of Indian Vice President is modeled on the lines of American Vice President.

Source: IAS Baba

Election of Vice President

• Vice President is elected indirectly through an electoral college consisting of members of both the houses of the parliament (elected as well as nominated).
• Unlike the presidential election's electoral college, the electoral college of the Vice President's election does not include members of State legislators (MLAs). Also, in case of Vice President's election nominated members of the parliament can vote.
• The election of Vice President is held on the lines similar to the presidential election, i.e., conducted by Election Commission of India through proportional representation and single transferrable vote system.
• Voting is done by Secret Ballot.
• No whip can be issued in the election of President and Vice President.

Qualifications -

• Must be a citizen of India
• Age not less than 35 years
• Must be qualified enough to be elected as MP of Rajya Sabha
• Should not hold any  office of profit under union or state or any local authority or any other authority which can be called public
• However in this context, the office of President, Vice President, Governor, Minister of union/state are not considered as office of profit.
• Nomination of Vice President's candidature has to be proposed by not less than 20 electors and seconded by another 20 electors.

Oath and Affirmation -

• Oath of the Vice President is administered by the President or some body on his behalf, appointed by him.
• The oath and affirmation of the Vice President as well as the President is not mentioned in 3rd Schedule of the Indian Constitution.
• Article - 60 (Oath of the President)
• Article - 69 (Oath of the Vice President)

Tenure - 5 years

• Vice President holds the office for 5 years and can resign by addressing the resignation to the President.

Removal of the Vice President -

• Article 67(b) - Vice President can be removed from the office before 5 years by a resolution of Rajya Sabha passed by a majority of all the then members of the house (Effective majority) and agreed by Lok Sabha (Simple majority).
• However, the resolution for the removal of the Vice President can be initiated only in the Rajya Sabha after serving him a 14 days prior notice.

Note -

• The President can be impeached only for the Violation of the Constitution.
• But the ground of removal of the Vice President is not mentioned in the Constitution.

Re-election to the office of the Vice President must be completed before the expiry of the term of the serving Vice President. 

If there is a vacancy in the office of the Vice President due to death, resignation or removal, then election for the new Vice President must be held as soon as possible.

Note -

• In case of the vacancy in the office of the President, the re-election must be held within 6 months.
• But there is no time limit mentioned (as soon as possible) in the Constitution for the re-election of the Vice President.

Functions of the Vice President

1. Vice President is the ex-officio chairman of the Rajya Sabha.
2. In case of the vacancy in the office of the President, Vice President discharges the duty of the President.
• If Vice President acts as the President due to the vacancy in the office of the President, then he does so for a maximum of 6 months since election to the new President must be conducted within 6 months.
• However if the sitting President is unable to discharge his function die to illness or any other reason, then the Vice President remains in the office until the President resumes his office.

Salary -

• Constitution did not specify or fixed any emolument for the Vice President, though he draws emoluments as ex-officio chairman of the Rajya Sabha (which is mentioned in the Second Schedule).
• Vice President while discharging the duty of the President, he draws all the emolument as the President gets.

Difference between American Vice President and Indian Vice President 

American Vice President, if acts as the President due to vacancy in the office, then he remains as the President for the full remainder of unexpired term of his predecessor (the President), i.e., he will become the President for the remaining term whereas in case of India, Vice President can act as the President for a maximum of 6 months.

        

Therefore, Indian Vice President as not as powerful office or complete replica of the President and thus it is also termed as Superfluous Highness.

i.e., American Vice President → complete replica of the President

Indian Vice President → Superfluous Highness

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Note - This is my Vision IAS Notes (Vision IAS Class Notes) and Ashutosh Pandey Sir's Public Administration Class notes. I've also added some of the information on my own. 

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