Vice President of India

The Vice President of India is the second-highest constitutional office in India. The following is a comprehensive summary of the Vice President's role, election, powers, qualifications, and other relevant information, covering all the points in the provided transcription.

Constitutional Basis

• The office of the Vice President is established under Article 63 of the Indian Constitution.
• The provisions related to the Vice President are covered in Part V of the Constitution, specifically Articles 63-69.
• The concept was inspired by the American model.
• First constitutional draft was prepared by B.N Rao.

Election of the Vice President

• Electoral College: The Vice President is elected by an Electoral College, not directly by the people.
• Composition of the Electoral College (Article 66): The Electoral College consists of:
  • All Members of Lok Sabha (Currently, only *elected* members, as nominated Anglo-Indian seats were abolished by the 104th Amendment in 2020).
  • All Members of Rajya Sabha (both elected and nominated).
• Proportional Representation: The election is held in accordance with the system of proportional representation by means of a single transferable vote.
• Vacancies in Electoral College don't invalidate the election.

Qualifications (Article 66)

To be eligible for the office of Vice President, a person must:

• Be a citizen of India.
• Have completed the age of 35 years.
• Not hold any office of profit under the Central or State Government.
• Deposit: A security deposit of ₹15,000 is required.
• Proposed and seconded: Need 20 proposers and 20 seconders (electors).
• Registered as a voter somewhere in India.
• Any additional qualifications as specified by Parliament.

Disqualifications (Article 66)

Disqualifications are the opposite of qualifications, plus any disqualifications as decided by parliament.

Process of Impeachment (Removal) (Article 67)

• The Vice President can be removed from office through an impeachment process. The grounds of impeachment are *not* explicitly defined in the constitution. It's generally understood to be for "violation of the constitution".
• Introduction of Impeachment Motion: The resolution for impeachment can *only* be introduced in the Rajya Sabha (Article 92).
• Procedure:
  • A resolution for impeachment must be moved after at least 14 days' notice in writing signed by not less than 50 members of the Rajya Sabha.
  • The resolution needs to be passed by an "effective majority" (majority of the then membership of the house) in the Rajya Sabha.
  • Subsequently, the resolution is sent to the Lok Sabha, where it needs a *simple majority* (majority of members present and voting) to pass.
• During the process, while the Vice President cannot preside over the Rajya Sabha (being the ex-officio chairman), he/she *can* participate in the discussions. He/she *cannot* vote on the resolution, nor can he/she exercise a casting vote.

Term of Office (Article 67)

• The Vice President holds office for a term of *five years* from the date on which he enters upon his office.
• They can continue in office, irrespective of the expiry of the term, until their successor enters office.
• Elections to fill a vacancy in the office of Vice-President should ideally be completed *before* the expiry of the term. (Article 68)
• If a vacancy occurs unexpectedly, the election should be held "as soon as possible".

Resignation (Article 67)

• The Vice President can resign from his office by submitting his resignation to the President.

Powers and Functions

1. Ex-officio Chairman of Rajya Sabha (Article 64): The Vice President acts as the ex-officio Chairman of the Rajya Sabha. This is their primary role.
   • The Vice President presides over the meetings of the Rajya Sabha.
   • Requires prior permission of Vice President for Introducing a bill in Rajya Sabha.
   • Can suspend members from the Rajya Sabha for disrupting proceedings.
   • Decides on the admissibility of questions and motions in the Rajya Sabha.
   • Decides on party recognition and allocation of seats to members in the Rajya Sabha.
   • Declares members as "unattached" and allocates them seats.
   • Has the power to "adjourn" the Rajya Sabha (temporary postponement).
   • Has the power to adjourn the Rajya Sabha "sine die" (indefinite postponement).
   • Has the power to exercise a "casting vote" in case of a tie in the Rajya Sabha (except during their own impeachment).
   • Can decide about the Disqualification of Rajya Sabha Member under Anti-Defection Law.
2. Acting President (Article 65): In the event of the occurrence of any vacancy in the office of the President due to death, resignation, removal, or otherwise, the Vice President acts as President until a new President is elected. This is referred to as "Acting President".
3. Discharging the Functions of the President (Article 65): When the President is unable to discharge his functions owing to absence, illness, or any other cause, the Vice President discharges those functions until the President resumes his duties. This is termed "Discharging the Functions".
   • During this time (Acting President or Discharging Functions), the Vice President takes the oath as President.
   • During this time (Acting President or Discharging Functions), the Vice President gets the salary and allowances of President.
4. Serves as chancellor to central university. (Except Delhi central university's chancellor is Chief Justice of India).
   • Appoint vice chancellors to central universities.
5. Chairman of the committee that decides on national awards like Padma Shri, Padma Bhushan, Padma Vibhushan, and Bharat Ratna.

Salary and Emoluments (Article 97)

• The Vice President *does not* receive a salary specifically for the office of Vice President.
• Instead, he/she receives the salary and allowances of the *Chairman of the Rajya Sabha*.
• The Parliament decides salary.
• Current monthly salary is ₹4 Lakhs, which is exempt from income tax.
• This salary is charged on the *Consolidated Fund of India*.
• The Supreme Court cannot perform a judicial review on the Vice President's salary.
• The salary cannot be reduced except during a *Financial Emergency* (Article 360).
• Receives pension after retirement (50% of salary) and free accommodation.

List of Vice Presidents and Important facts

Vice President	Tenure
Dr. Sarvepalli Radhakrishnan	1952-1957, 1957-1962
Zakir Husain	1962-1967
V.V. Giri	1967-1969
G.S. Pathak	1969-1974
B.D. Jatti	1974-1979
Mohammad Hidayatullah	1979-1984
R. Venkataraman	1984-1987
Shankar Dayal Sharma	1987-1992
K.R. Narayanan	1992-1997
Krishan Kant	1997-2002
Bhairon Singh Shekhawat	2002-2007
Hamid Ansari	2007-2012, 2012-2017
M. Venkaiah Naidu	2017-Present (Recorded as of May 2022)

Key Points and Distinctions

• Served Two Terms: Sarvepalli Radhakrishnan and Hamid Ansari.
• Shortest Term: V.V. Giri.
• Died in office (as VP): Krishna Kant.
• First to Resign: V.V. Giri (to contest Presidential elections).
• Acted as Acting President:
  • V.V. Giri (after Zakir Husain's death)
  • Mohammad Hidayatullah (when V.V. Giri resigned to contest elections)
  • B.D. Jatti (after Fakhruddin Ali Ahmed's death)
• First Dalit Vice President: K. R. Narayanan.
• Both Chief Justice of India and Acting President: Mohammad Hidayatullah.
• Vice Presidents who became President: Sarvepalli Radhakrishnan, Zakir Husain, V.V. Giri, R. Venkataraman, Shankar Dayal Sharma, K.R. Narayanan.
• Vice Presidents who did *not* become President: G.S. Pathak, B.D. Jatti, Krishan Kant, Bhairon Singh Shekhawat, Hamid Ansari (and Venkaiah Naidu as of May 2022).
• Books written:
  • Hamid Ansari: "Citizen and Society".
  • M. Venkaiah Naidu: "Moving On, Moving Forward: A Year in Office".
• B.R Ambedkar Compared to prince of wales.