Introduction

The Vice-President of India is the second highest constitutional office in India. Article 63 of the Constitution of India, 1950 (COI) states that there shall be a Vice-President of India.

Ex - Officio Chairman of the Council of States

• Article 64 of the COI states that the Vice-President shall be ex officio Chairman of the Council of the States and shall not hold any other office of profit.
• Provided that during any period when the Vice-President acts as President or discharges the functions of the President under Article 65 of COI, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under Article 97 of COI.

Qualification for the Office of Vice-President

• Clause (3) of Article 66 of the COI lays down that a person to be eligible for the office of Vice President, must possess the following qualification:
  • Should be a citizen of India.
  • Should have completed 35 years of age.
  • Should be qualified for election as a member of the Rajya Sabha.
  • Should not hold any office of profit under the Union government or any state government or any local authority or any other public authority.

Election of the Vice-President

• As per Article 66 of the COI, the Vice-President is elected by the members of the Electoral College.
• Electoral College consists of:
  • Elected members of Rajya Sabha
  • Nominated members of Rajya Sabha
  • Elected members of Lok Sabha

Oath by the Vice-President

• As per Article 69 of the COI, 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.

Term of the Office of the Vice-President

• As per Article 67 of the COI, the Vice-President shall hold office for a term of five years from the date on which he enters upon his office.
• He shall continue in his office even after the expiration of his term until his successor enters upon his office.

Resignation of the Vice-President

• As per Article 67 of the COI, the Vice-President may, by writing under his hand addressed to the President, resign his office.

Removal of the Vice-President

• 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.

Act as the President

• As per Article 65 of the COI, the Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.
• In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office.
• When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.
• The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President, have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.