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The concept of the Vice President was adapted from America. People who formulated the Indian Constitution laid down certain provisions under Article 63 for the Vice President, which mandates his position. There are certain qualifications for Vice President of India. In this article, we are trying to highlight some relevant information about the Vice President of India. This includes his responsibilities, qualifications for Vice President of India, powers, office term, and the procedure for election.
Vice President of India- Election
Dr Sarvepalli Radhakrishnan was the first Vice President of India, an esteemed position holder. He served as the first Vice President of India for ten years, from 1952 to 1962. Shri M Venkaiah Naidu is currently embracing this position. He is the 13th Vice President of India. He was elected the Vice President in 2017 as he had all qualifications for Vice President of India.
Section 2(h) of the Presidential and Vice-Presidential Elections Act, 1952, details the “Vice-Presidential election”.This election is conducted to elect the Vice President of India. According to the Constitution of India in article 66, the provisions for the qualifications for Vice President of India, the eligibility and election of the Vice President have been furnished. The way the President of our country is elected, the Vice President is also selected with the help of a system that believes in proportional representation with the use of transferable votes. It symbolises an election that is, in a way, indirect.
The Electoral College contains both nominated and elected members of both Houses of the Parliament, whereas just the elected members make up the electoral college in the Presidential election. The Electoral College also does not include any members who belong to the State Legislative Assembly. In the Presidential election, on the other hand, the elected State Legislative Assembly members are also included.
Section 9 of the Presidential and Vice Presidential Election Act 1952
Section 9 of the Presidential and Vice Presidential Election Act 1952 shows how voting should be done in detail. Votes should be received on the ballot, and none of the votes should be proxies. Hence, the Vice President’s elections are always conducted by a secret ballot. When the election has taken place, the declaration of the result is followed by the Returning Officer reporting this to the Central Government and the Election Commission. The Central Government publishes this in the official gazette. It also contains declaring the person’s name who is elected as the President or the Vice President.
Article 66 (3) of the Indian Constitution talks about three prerequisites for qualifications for the Vice President of India to attain this position.
- He should be a citizen of India.
- He must be thirty-five years old.
- He should be a member of the Rajya Sabha, the Council of States.
Along with these criteria, Article 66(2) also talks about the limitations for the Vice President: He should not be either a member of the Parliament Houses or the State Legislature when he takes over the Vice President’s office. Besides, a sitting President or Vice President of the Union, the Governor of any state, a Union Minister, or a State Minister not holding a position to earn profit may qualify as a candidate to contest the Vice President’s post. Candidates who want to contest must deposit 15,000 INR at the Reserve Bank of India.
The Three Prerequisites for the Vice President’s OfficeÂ
- He should not be either a House of Parliament member or a House of the State Legislature member at the appointment time as the Vice-President.
- He should not hold any other profit from an office.
- Affirmation or Oath.
Article 69 of the Constitution of India, 1950 talks about the provision of an affirmation or an oath by the Vice President. The goal is to ensure and oblige the Vice President of India to deliver duties and perform functions assigned to him efficiently.
Vacancy and Term of Office of the Vice President
The Vice President’s term of office is embedded in Article 67 of the Indian Constitution, and it provides five years from being appointed to the Vice President’s office. Further, Article 68(1) tells us that the Vice President’s office vacancy should be filled before the term of the Vice President serving expires, thereby ensuring that there is no scope for the office to be vacant. The Constitution does not mention it expressly, and the next Vice President’s election should be accomplished without further delay. When a new Vice President is elected, he will hold the office for a five-year term again.
Conclusion
The Constitution of India, 1950 does not specifically facilitate the Vice President’s post with its functions. The Vice President must support the President of India. Nonetheless, this position has its significance in thriving the political system of a democratic nation. The concept of the Vice President was adapted from America. People who formulated the Indian Constitution laid down certain provisions under Article 63 for the Vice President, which mandates his position.
