Thursday, February 27, 2025

winners vice president

The Vice President of India: A Detailed Summary


I. Introduction and Purpose


*   The office of the Vice President (VP) exists primarily to ensure the Presidency is *never* vacant.  Presidential assent is required for legislation, making continuous leadership crucial.

*   The VP serves as *Acting President* temporarily if the President's office falls vacant for any reason.


II. Origins and Constitutional Basis


*   **B.N. Rau's Initial Draft:** The original constitutional draft by B.N. Rau did *not* include a Vice President. He proposed a *commission* consisting of the Rajya Sabha Chairman, the Lok Sabha Speaker, and the Chief Justice of India to fulfill Presidential duties in case of a vacancy.

*   **H.V. Kamath's Advocacy:** H.V. Kamath, a member of the Constituent Assembly, strongly advocated for a Vice President, drawing inspiration from the United States system.

*   **Constitutional Inclusion:**  The Vice President's office was incorporated into the Indian Constitution.

*   **Articles 63-69 (Part V):** These articles comprehensively define the Vice President's role, election, powers, and removal.


III. Key Articles and Roles


*   **Article 63:** Establishes the office of the Vice President.  The VP is the *second citizen* of India (the President is the first).

*   **Order of Precedence:** The VP holds the second position in the official order of precedence.


IV. Election Process (Article 66)


*   **Electoral College:** The VP is elected by an *Electoral College*, not directly by the people.

    *   **Composition:**

        *   *Lok Sabha:* All members are *elected* (nominated member provisions were removed by the 104th Constitutional Amendment in 2020).

        *   *Rajya Sabha:* Includes both *elected* and *nominated* members.

    *   In essence, the VP is elected by *Members of Parliament*.

*   **Method:** Proportional Representation by means of the Single Transferable Vote system.

*   **Election Commission of India:** Conducts the election.

*   **Supreme Court:** Resolves any election disputes.


V. Qualifications and Disqualifications (Article 66)


*   **Qualifications:**

    *   Must be a citizen of India.

    *   Must be at least 35 years old.

    *   Must not hold any office of profit under the Central or State governments.

    *   Must deposit ₹15,000 (refundable if the candidate receives 1/6th of the valid votes polled).

    *   Must be proposed by 20 members of the Electoral College and seconded by another 20 members (40 total, and the proposers and seconders must be different individuals).

    *   Must be registered as a voter anywhere in India.

    *   Must meet any other qualifications prescribed by Parliament.

*   **Disqualifications:** Are generally the opposites of the qualifications.


VI. Term, Resignation, and Removal (Article 67)


*   **Term:** Five years from the date of assuming office.

*   **Continuation:** The VP *can continue* in office beyond five years *until a successor is elected*, even if their term has formally expired.

*   **Resignation:** The VP submits their resignation to the *President*.

*   **Removal:**

    *   The Constitution *does not specify* the precise grounds for removal.

    *   In practice, removal usually follows "violation of the Constitution" or similar grounds.

    *   **Procedure (Article 92):**

        *   The removal resolution *must originate in the Rajya Sabha*.

        *   At least 50 Rajya Sabha members must sign the resolution.

        *   14 days' notice must be given to the Rajya Sabha Chairman (who is the VP).

        *   The VP *cannot preside* over Rajya Sabha sessions while facing removal.

        *   The VP *can participate* in the discussions on the removal resolution.

        *   The VP *cannot vote* on the removal resolution.

        *   **Rajya Sabha:** Requires an *effective majority* to pass the removal resolution.  (Effective majority means a majority of the *then* strength of the house, i.e., total strength minus vacancies).

        *   **Lok Sabha:** Requires a *simple majority* to approve the resolution after it is passed by the Rajya Sabha.

        *   If *either* house rejects the resolution, the removal process fails.


VII. Oath of Office (Article 69)


*   The Vice President takes the oath of office before the *President*.


VIII. Powers and Functions


*   **Article 64:** The Vice President is the *ex-officio Chairman of the Rajya Sabha*.

    *   Important: The VP is *not* a member of the Rajya Sabha, but acts as its Chairman by virtue of their office (ex-officio).

*   **Article 65:** The Vice President acts as *Acting President* in case of a vacancy in the President's office.  There are two distinct scenarios:

    *   **Acting President:**  This applies when the Presidency is vacant due to:

        *   Death

        *   Resignation

        *   Removal

        *   Election declared void

        *   President declared incapable by a court

    *   **Discharging the Functions of the President:** This applies when the President is *temporarily* unable to carry out their duties due to:

        *   Illness

        *   Absence (e.g., foreign travel)

    *   In *both* cases, the VP takes the *Presidential oath* and receives all Presidential benefits and emoluments.

    *   Crucially, the VP *cannot be subjected to a removal resolution* while acting as President.

*  **Article 68**: Election of new VP should begin *before* the current VP's term ends.  If the VP's office falls vacant, a new VP should be elected "as soon as possible".


* **Other Powers and Functions:**

    *   **Chancellor of Central Universities:**  The VP serves as the Chancellor of all Central Universities in India (except Delhi Central University, where the Chief Justice of India is the Chancellor). The VP appoints the Vice-Chancellors of these universities.

    *   **Chairman of Award Committees:**  The VP chairs the committees that recommend recipients for national awards like the Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri.

    *   **Powers as Rajya Sabha Chairman:**

        *   *Prior Approval for Bills:* Any bill to be introduced in the Rajya Sabha requires the prior approval of the Chairman (the VP).

        *   *Casting Vote:*  If there is a tie on any resolution or bill in the Rajya Sabha, the Chairman has a *casting vote* to break the tie.  This is unlike a regular vote; it's only used to resolve a deadlock.

        *   *Disqualification under Anti-Defection Law:* The Chairman has the power to disqualify members of the Rajya Sabha under the provisions of the anti-defection law (Schedule 10 of the Constitution).

        *   *Suspension of Members:*  The Chairman can suspend members of the Rajya Sabha for disrupting the proceedings of the House.

        *   *Adjournment:*  The Chairman can *adjourn* the Rajya Sabha (meaning to postpone the sitting to a specific future time and date).

        *   *Adjournment Sine Die:* The Chairman can adjourn the Rajya Sabha *sine die* (meaning to adjourn the sitting *indefinitely*, without setting a date for the next meeting). This usually happens when there's significant disruption.

        *   *Allocation of Seats:* The Chairman allocates seats to different political parties in the Rajya Sabha. They also allocate seats to "unattached members" (independent candidates and members suspended by their parties).


IX. Salary and Allowances


*   There is *no specific salary* for the *office* of the Vice President.

*   The Vice President receives a salary and allowances in their capacity as the *ex-officio Chairman of the Rajya Sabha*.

*   **Article 97:**  The *Parliament* determines the salary and allowances of the Chairman of the Rajya Sabha (and the Speaker of the Lok Sabha).

*   **Current Salary:** ₹4 lakh per month.

*   **Tax Exemption:** The salary is *not* subject to income tax.

*   **Source of Funds:** The salary is paid from the *Consolidated Fund of India*.

*   **Judicial Review:** The Supreme Court *cannot* conduct judicial review of the Vice President's salary.

*   **Reduction:**  The salary can *only* be reduced during a *National Financial Emergency*.

*   **Pension:**  After retirement, the Vice President receives a pension equal to 50% of their salary.

*   **Other Benefits:**  The retired Vice President also receives free accommodation and other facilities.


X. List of Vice Presidents of India and Key Facts


*   **(Detailed list from original transcription would be inserted here)**

*   **Two-Term Vice Presidents:** Dr. Sarvepalli Radhakrishnan and Hamid Ansari.

*   **Shortest Tenure:** V.V. Giri.

*   **Died in Office:** Krishan Kant.

*   **Resigned from Office:** V.V. Giri.

*   **Current Vice President (as of May 2022):** M. Venkaiah Naidu (Note: This would need updating).

*   **Chief Justice and Acting President:** Mohammad Hidayatullah served as Chief Justice of India, Acting President, and Vice President.

*   **First Dalit Vice President:** K.R. Narayanan.


XI. Books Written by Vice Presidents


*   **Hamid Ansari:** "Citizen and Society"

*   **M. Venkaiah Naidu:** "Moving On, Moving Forward: A Year in Office"


XII. Vice Presidents Who Became President


*   **(Detailed list from original transcription would be inserted here)**


XIII. Vice Presidents Who Did NOT Become President


*   **(Detailed list from original transcription would be inserted here)**

XIV. Vice Presidents Who Served as Acting President


    * V. V. Giri

    * Mohammad Hidayatullah

    * B. D. Jatti


XV. Comparison to Prince of Wales


*    Dr. B.R. Ambedkar compared the Vice President of India to the Prince of Wales (heir to the British throne), because just like the Prince of Wales becomes King/Queen if the throne is vacant, so to the VP will act as President if the President is absent.

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