Saturday, March 1, 2025

vice president naresh sir

Central Government - Executive Branch (Vice President)

Central Government - Executive Branch (Vice President)

=> Articles 63 to 71 in the Indian Constitution (Part-V) discuss the Vice President.

=> The American Vice President system is the basis for the Indian Vice President system.

=> The Vice President is the second-highest constitutional office in India.

=> The Vice President's office is in the 6th position in the Warrant of Precedence.

Note: In the Warrant of Precedence, the President is in the 1st position and the Prime Minister is in the 2nd position.

=> In the absence of the President, the Vice President acts as President.

=> The Vice President also serves as the ex-officio Chairman of the Rajya Sabha.

Article 63:

There shall be a Vice President of India.

Note: Venkiah Naidu is the 13th Vice President.

Jagdeep Dhankhar is the current Vice President.

Article 64:

The Vice President shall be ex-officio chairman of the Council of States (Rajya Sabha).

Note: As the Rajya Sabha Chairman, the Vice President performs constitutional duties.

The salary and allowances for the Vice President are given for performing the duties of the Rajya Sabha Chairman, not for being the Vice President.

Article 65:

Vice President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.

  1. When the office of President is vacant due to resignation, death, removal, or other reasons, the Vice President acts as President.
  2. During the illness of the President, or any other reason for his absence, the Vice President discharges the President's functions.
  3. When the Vice President acts as President or discharges the functions of the President, he shall have all the powers and immunities of the President.
  4. In these situations, the Vice President does not perform the duties of the Rajya Sabha Chairman.
  5. When the Vice President acts as President, his salary and allowances are the same as the President's.

Ex: V.V. Giri (1969), B.D. Jatti (1977).

Ex: M. Hidayatullah, Krishan Kant, Bhairon Singh Shekhawat.

=> Krishan Kant was the only Vice President to die in office.

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Article 66:

Election of Vice-President.

  1. The Vice President is elected by the members of an electoral college consisting of the members of both Houses of Parliament.
  2. The election shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting shall be by secret ballot.
  3. The Vice President election, Returning officer - Secretary General of Lok Sabha.
  4. The Election Commission of India conducts the Vice Presidential election.

Article 66(1):

Electoral College Members for VP election.

  1. Members of Lok Sabha.
  2. Members of Rajya Sabha.

=> In the Vice Presidential election, both elected and nominated members of Parliament participate.

=> MLAs do not participate in the Vice Presidential election.

Article 67:

Term of office of Vice-President - 5 years.

Note: The Vice President can continue in office even after the completion of 5 years until his successor assumes office.

Article 67(a):

Resignation.

=> The Vice President shall address his resignation letter to the President.

=> The Vice President's resignation is accepted by the President.

=> The Lok Sabha Speaker has no role in the Vice President's resignation.

Article 67(b):

Removal.

=> The Vice President can be removed from office through a resolution of the Rajya Sabha.

=> Such a resolution must be passed by a majority of all the then members of the council.

(Absolute Majority) - Majority of total membership.

=> This resolution needs to be agreed to by the Lok Sabha.

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Article 68:

Time of holding election to fill vacancy in the office of Vice-President and the duration of term of office of person elected to fill casual vacancy.

  1. Election to fill a vacancy in the office of Vice President should be held as soon as possible after the occurrence of the vacancy.
  2. A person elected to fill a casual vacancy shall be entitled to hold office for the full term of five years from the date of assuming office.

Article 69:

Oath or affirmation by the Vice-President.

=> The oath of office to the Vice President is administered by the President.

Article 70:

Discharge of President's functions in other contingencies.

=> Parliament may make provision for the discharge of the functions of the President in any contingency not provided for in this Chapter.

Article 71:

Matters relating to or connected with the election of a President or Vice-President.

=> Supreme Court has final decision in doubts and disputes relating to the election of the Vice President.

Note: 1997 Presidential and Vice-Presidential Elections Act - Provisions regarding election disputes.

  1. Election Petition regarding VP election must be filed in S.C. within 30 days.
  2. Only a candidate who contested in the election or 20 electors are eligible to file the petition.
  3. Petition needs support of at least 10 electors.
  4. S.C. decision is final.

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Note: Through the 42nd Constitutional Amendment (1976), the power to inquire into Presidential and Vice-Presidential election disputes was vested in Parliament.

=> In 1978, through the 44th Constitutional Amendment, the power to inquire into disputes was re-vested in the S.C.

Vice Presidents of India

1.Sarvepalli Radhakrishnan(1952-57) (1957-62).
2.Zakir Hussain(1962 - 67).
3.V.V. Giri(1967-69).
4.G.S. Pathak(1969-74).
5.B.D. Jatti(1974-79).
6.M. Hidayatullah(1979-84).
7.R. Venkataraman(1984-87).
8.Shankar Dayal Sharma(1987- 92).

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Note: Current Vice President - Jagdeep Dhankhar.

9.K.R. Narayanan(1992 - 97).
10.Krishna Kant(1997 - 2002) Died in office.
11.Bhairon Singh Shekhawat(2002 - 2007).
12.Hamid Ansari(2007 - 12) (2012-17).
13.M. Venkaiah Naidu(2017 - Present).

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