Articles 63 to 69 in Part V of the Indian Constitution explain about the Vice-President.
The person who proposed the post of Vice-President in the Constitutional Assembly: "H-V. Kamath".
India adopted the post of Vice-President from America.
The Indian Vice-President is compared to the US Vice President.
The Indian Vice-President is the second citizen of the country.
Article 63: There shall be a Vice-President for India.
Article 64: The Vice-President of India shall be the ex-officio Chairman of the Rajya Sabha.
* The Vice-President is not a member of the Rajya Sabha.
* The Speaker of the Lok Sabha has the same powers as the Chairman of the Rajya Sabha (except for financial bills).
* Even if the Vice-President is not a member of any House, he can preside over the Rajya Sabha.
Article 65: In the following circumstances, the Vice-President discharges the duties of the President.
65(1): According to this, if the office of the President becomes vacant due to death, resignation, removal by impeachment, or other reasons, the Vice-President shall perform the duties as "Temporary President".
65(2): According to this, if the President is unable to perform his duties due to illness, going abroad, or personal reasons, until he returns and resumes his duties, the Vice-President performs the functions of the President. (No fixed time limit for this).
Article 65(3): When the Vice-President is discharging the duties of the Temporary President.
Note:
When the Vice-President is discharging the duties of the Temporary President, all the powers, facilities, emoluments, and status of the President apply to the Vice-President.
When the Vice-President is performing the duties of the Temporary President, he shall not act as Chairman of the Rajya Sabha for the meetings of the Rajya Sabha. At that time, the Deputy Chairman of the Rajya Sabha presides over the meetings of the Rajya Sabha.
When the Vice-President is discharging duties as Temporary President, the procedure for removing the President should not be used to remove the Vice-President.
Article 66: Explains about the election procedure of the Vice-President.
66(1): According to this, the members of the Electoral College consisting of Members of Parliament elect the Vice-President through proportional representation by means of the single transferable vote and by secret ballot.
Note:
Members of the State Legislative Assembly do not participate in the Vice-Presidential election.
Nominated members belonging to the Rajya Sabha who do not participate in the Presidential elections participate in the Vice-Presidential election.
Both the President and Vice-President are elected by indirect election.
Article 66(2): According to this, a person contesting for Vice-President should not be a member of Parliament or State Legislature. If a person is a member of Parliament or State Legislature, those positions are automatically cancelled as soon as they are elected as Vice-President.
Article 66(3): Explains about the qualifications of the Vice-President.
Conditions:
Must be a citizen of India.
Must have completed 35 years of age. (No maximum age limit).
Must not hold any office of profit.
Must have the qualifications to be elected as a member of Rajya Sabha.
A person contesting as Vice-President must deposit Rs 15,000.
The nomination paper of the Vice-President must be proposed by 20 members from the Electoral College and seconded by another 20 members.
Article 66(4): According to this, a Central Government employee, State Government employee, or government employee in local bodies is not eligible to contest for the post of Vice-President. If they want to contest, they must resign from their job and contest.
Note:
Until 1961, the Vice-President was elected in a joint meeting of both Houses of Parliament, but this was amended by the 11th Constitutional Amendment Act in 1961, and now the Vice-President is elected by the two Houses meeting separately and by secret ballot.
Through this Constitutional Amendment, it was decided that no court should question the Vice-Presidential election on the grounds that there are vacancies in the Electoral College that elects the Vice-President.
Article 67: Explains about the term of office of the Vice-President.
The Vice-President shall continue in office for a term of 5 years from the date of assuming office after taking the oath of office.
Article 67(A): The Vice-President shall submit his resignation letter to the President.
In the event of the Vice-President resigning and the office of the President being vacant, the resignation letter should be submitted to the Chief Justice of the Supreme Court. If that position is also vacant, it should be submitted to the senior judge of the Supreme Court.
Article 67(B): Explains about the procedure for removing the Vice-President.
The procedure for removing the Vice-President is adopted from America.
No specific reasons are mentioned in the Constitution for removing the Vice-President.
The resolution to remove the Vice-President should first be introduced in the Rajya Sabha itself.
A 14-day advance notice must be given to the Vice-President before introducing the resolution.
The resolution to remove the Vice-President must be passed by an absolute majority in the Rajya Sabha (majority of the members present in the Rajya Sabha at that time must approve).
After the Rajya Sabha approves, that resolution should be sent to the Lok Sabha for approval.
The Lok Sabha must approve the resolution to remove the Vice-President with a simple majority.
If one House approves and the other House does not approve, the removal resolution is cancelled.
There is no provision for a joint sitting of both Houses. So far, no Vice-President has been removed.
Note:
It is not mentioned in the Constitution within what time frame the Lok Sabha must approve the resolution to remove the Vice-President after the Rajya Sabha has approved it.
When the resolution to remove the Vice-President is in the Rajya Sabha, the Vice-President should not preside over the Rajya Sabha. At that time, the Deputy Chairman of the Rajya Sabha presides over the House.
The Vice-President can attend the Rajya Sabha and participate in the discussion, but cannot participate in voting.
Article 67(C): According to this, even if the term of office of the Vice-President expires, the current Vice-President shall continue in his position until a new Vice-President is elected, takes the oath of office, and assumes office.
Article 68: New Vice-Presidential election.
68(1): The process of electing a new Vice-President should be completed before the term of office of the current Vice-President expires.
If the office of the Vice-President falls vacant for any reason, a new Vice-President should be elected as soon as possible.
In the following circumstances, the office of the Vice-President becomes vacant:
(1) When the term of office expires,
(2) Upon death,
(3) Upon resignation,
(4) When removed from office,
(5) When the Supreme Court gives a verdict that the Vice-Presidential election is invalid.
A person can be elected as Vice-President any number of times.
Article 69: Oath of office of the Vice-President
The Indian Vice-President takes the oath of office in the presence of the President.
The oath of office of the Vice-President is not mentioned in the 3rd Schedule.
Article 70: Parliament shall have the power to make provisions for the discharge of the functions of the President in unforeseen contingencies.
Article 71: The Supreme Court alone shall resolve disputes relating to the election of the President and Vice-President.
A petition must be filed in the Supreme Court within 30 days after the Vice-Presidential elections are over.
The right to file a petition in the Supreme Court regarding Vice-Presidential election disputes rests with the candidate who contested and lost in the Vice-Presidential election or with 10 members from the Electoral College, with signatures of not less than 10 members.
Note: If the Supreme Court gives a verdict that the Vice-Presidential election is invalid, the decisions taken by him while in office are valid.
Vice-President's Salaries and Allowances:
Salaries and allowances of the Vice-President are not mentioned in the Constitution.
The Vice-President is paid a salary in the capacity of Chairman of the Rajya Sabha.
These salaries and allowances are determined by Parliament.
Currently, the monthly salary of the Vice-President is 4 Lakhs.
Paid from the Consolidated Fund of India.
Functions of the Vice-President:
The Vice-President ex-officio presides over the Rajya Sabha.
In the Rajya Sabha, if there is a tie in votes for or against any bill, the casting vote can be used.
Casting vote means a decisive vote.
If the office of the President falls vacant for any reason, the Vice-President continues as temporary President. (When the office of President falls vacant, the Vice-President cannot continue as temporary President for more than 6 months).
Acts as Chancellor for some Central Universities. Appoints Vice-Chancellors.
Acts as the Chairman of committees like Bharat Ratna, Padma Vibhushan, Padma Bhushan, Padma Shri.
Indian Vice-Presidents:
Sarvepalli Radhakrishnan (1952-1962)
Zakir Hussain (1962-1967)
V.V. Giri (1967-1969)
Gopal Swarup Pathak (1969-1974)
B.D. Jatti (1974-1979)
M. Hidayatullah (1979-1984)
R. Venkataraman (1984-1987)
Shankar Dayal Sharma (1987-1992)
K.R. Narayanan (1992-1997)
Krishan Kant (1997-2002)
B.S. Shekhawat (2002-2007)
Mohammad Hamid Ansari (2007-2017)
M. Venkaiah Naidu (2017-2022)
Jagdeep Dhankhar (2022-Continuing)
Key Points:
Unanimously elected Vice-Presidents: 1. Sarvepalli Radhakrishnan, 2. Justice Hidayatullah, 3. Shankar Dayal Sharma.
Persons who held the post of Vice-President twice: 1. Sarvepalli Radhakrishnan, 2. Hamid Ansari.
Vice-Presidents who worked as Temporary Presidents: V.V. Giri, B.D. Jatti.
Person who held the post of Vice-President after working as Temporary President: "Hidayatullah".
Vice-Presidents who completed their term but did not complete the President's term: V.V. Giri, R. Venkataraman.
Vice-President who completed his term but did not complete the President's term: Zakir Hussain.
Only Vice-President who died in office: Krishan Kant.
Vice-President elected with the highest majority: K.R. Narayanan.
Candidate who contested as Vice-President and lost in the Presidential elections: B.S. Shekhawat.
Muslim Vice-Presidents: Zakir Hussain, Hidayatullah, Hamid Ansari.
Persons who held the post of Vice-President for the shortest period: V.V. Giri, R. Venkataraman.
Muslim Presidents: Zakir Hussain, Fakhruddin Ali Ahmed, APJ Abdul Kalam.
Jagdeep Dhankhar:
14th Vice-President of India.
16th Vice-Presidential Election.
16th person in chronological order and 14th person for India.
He belongs to Kithana village in Jhunjhunu district of Rajasthan (Village).
He belongs to the Jat community.
He graduated in Physics from the University of Rajasthan. Later, he studied law and established himself as an efficient lawyer in the Rajasthan High Court.
In 1989, for the first time, he contested and won from Jhunjhunu to the Lok Sabha.
Between 1993-1998, Member of Rajasthan (Kishangarh) Legislative Assembly.
In 2019, he was appointed as the Governor of West Bengal.
As the 14th Vice-President of India, he won against his nearest candidate Margaret Alva on August 11, 2022, and took oath as Vice-President.
Returning Officer for this election: Lok Sabha Secretary General Utpal Kumar Singh.
Votes received by him - 528 (74.36%)
Votes received by opponent Margaret Alva - 182 (25.63%)
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