Chapter 21: VICE PRESIDENT
The election of the Vice-President, like that of the President, shall be
indirect and in accordance with the system of proportional representation by means of the single transferable vote.
But his election shall be different
from that of the President Inasmuch as the State Legislatures Shall have no
part in It
While in order to be a President, a person must be qualified for
election as a member of the House of the People, in order to be Vice President,
he must be qualified for election as a member of the Council of
States. The reason for this difference is obvious, namely, that the Vice-
President is normally to act as the Chairman of the Council of States.
Though there is no specific provision (corresponding to Art. 57)
making a Vice-President eligible for re-election, the Explanation to Art. 66
suggests that a sitting Vice-President is eligible for re-election and Dr. S.
Radhakrishnan was, in fact, elected for a second term in 1957
The Vice-President is the highest dignitary of India, coming next after
the President. No functions are, however, attached to the
office of the Vice-President as such.
No machinery having been
prescribed by the Constitution to determine when the President is unable to discharge his duties owing to absence from lndia or a like cause, it becomes a
somewhat delicate matter as towho should move in the matter on the any
It is to be noted that this provision of the Constitution has not
been put into use prior to 20th June, 1960, though President, Dr. Rajendra
Prasad had been absent from India for a considerable period during his foreign
tour in the year 1958.
It was during the 15-day visit of Dr. Rajendra Prasad
to the Soviet Union in June 1960. that for the first time, the Vice-President,
Dr. Radhakrishnan was given the opportunity of acting as the President
owing to the 'inability' of the President to discharge his duties.
The second occasion took place in May, 1961, when President
Rajendra Prasad become seriously ill and incapable of discharging his
After a few days of crisis, the President himself suggested that the
Vice-President should discharge the functions of the President until he
resumed his duties.
It appears that the power to determine when the
President is unable to discharge his duties or when he should resume his
duties has been understood to belong to the President himself.
In the event
of occurrence of vacancy in the office of both the President and the Vice-
President by reason of death. resignation, removal etc. the Chief Justice of
India or in his absence the seniormost Judge of the Supreme Court available
shall discharge the functions until a new President is elected.
In 1969 when
on the death of Dr. Zakir Hussain, the Vice-President Shri V. V. Giri
resigned, the Chief Justice Shri HIDYATULLAH discharged the functions.
When the Vice-President acts as, or discharges the functions of the President, he gets the emolument of the President;
otherwise; the gets the salary of the chairman of the
Council of States
When the Vice-President thus acts as, or discharges the functions of the
President he shall cease to perform the duties of the Chairman of the
Council of States and then the Deputy Chairman of the Council of States
shall acts as it Chairman
Determination of doubts and disputes relating to
the election of a President or Vice-President is dealt
with in Art. 71, as follows-
Such disputes shall be declded by the Supreme
Court whose jurisdiction shall be exclusive and
No such dispute can be raised on the ground of any vacancy in the
electoral college which elected the President or Vice-President
If the election of a President or Vice-President is declared void by
the Supreme Court, acts done by him prior to the date of such decision of
the Supreme Court shall not be invalidated.
Barring the decision of such disputes, other matters relating to the
election of President or Vice-President may be regulated by law made by
It is the second highest position
in the country.
He is elected by all MP’s of
parliament [nominated + elected]. It is held in accordance
with the system of
Re-election is allowed any number of times.
cannot be an MP / MLA; if such a person is elected he may
have to vacate his
position in that house on joining office of vice
Terms and Conditions of Office:
He holds office for a term of 5
years but can continue even further till his successor
He can resign in
writing to the president.
Rajya Sabha can remove him an absolute
needs to be agreed by Lok Sabha with simple majority.
Since no grounds for
removal are mentioned in the constitution he can be
removed for any reason. No
formal impeachment needed.
All electoral disputes are
resolved by the Supreme Court whose decision is final.
If the election is
declared void then decisions made till then aren’t
and above yrs of age
to be member of Rajya Sabha
hold office of profit in India under any government or
Powers and functions:
Vice president is the ex-officio
chairman of the Rajya Sabha and has powers and functions
similar to the speaker
of the Lok Sabha.
In the event of the presidents inability to
work due to any
reasons or a vacancy in the office of the president due to
any reason he can
act as the president.
However this is only for 6 months till the
is elected. Thus the office was created to maintain
continuity in the Indian
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