Election Of Vice-president Of India

Why in the News?

Recently, Jagdeep Dhankar took the oath of office to become the 14th Vice President of India.

Key Points:

Office of the Vice-President:

• This office is modelled on the lines of the American VicePresident.
• Warrant of Precedence: Vice-President is accorded a rank next to the President in the official warrant of precedence.
• Tenure: The Vice-President holds office for a term of five years from the date on which he enters his office.
  • However, he can resign from his office at any time by addressing the resignation letter to the President.
•  He acts as the ex-officio Chairman of Rajya Sabha.
• Officiating President: He can act as President only for a maximum period of six months within which a new President has to be elected.
• Membership of House: Under the Constitution, the Vice-President “shall not be a member of either House of Parliament or of a House of the Legislature of any State”.
  • If a member of any of these Houses is elected to the post, “he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President”
• The Constitution has not fixed any emoluments for the Vice-President in that capacity.
  • He draws his regular salary in his capacity as the ex-officio Chairman of the Rajya Sabha.
• Election Disputes: All doubts and disputes in connection with election of the Vice-President are inquired into and decided by the Supreme Court whose decision is final.

Conditions of the VicePresident’s office:

• 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 his office as Vice-President.
• He should not hold any other office of profit.

Functions of Vice-President:

• He acts as the ex-officio Chairman of Rajya Sabha.
• He acts as President when a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise.
  • He can act as President only for a maximum period of six months within which a new President has to be elected.

Election

• • Article 66 lays down the process of the election of the Vice-President.
  • The Vice-President, like the President, is elected not directly by the people but by the method of indirect election. 
  • He is elected by the members of an electoral college consisting of the members of both Houses of Parliament.

• Composition of Electoral College:

• • It consists of both elected and nominated members of the Parliament (in the case of the President, only elected members).
  • It does not include the members of the state legislative assemblies (in the case of the President, the elected members of the state legislative assemblies are included).

• The Vice-President can hold office beyond his term of five years until his successor assumes charge.
  • He is also eligible for re-election to that office.
• All doubts and disputes in connection with the election of the Vice-President are inquired into and decided by the Supreme Court whose decision is final.

Indian Vice-President vis-i-vis American Vice-President: Though the office of the Indian Vice-President is modelled on the lines of the American Vice-President, there is a difference. The American Vice-President succeeds to the presidency when it falls vacant and remains President for the unexpired term of his predecessor. The Indian Vice-President does not assume the office of the President when it falls vacant for the unexpired term.  He merely serves as an acting President until the new President assumes charge.