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 particular occasion.
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 functions.
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 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 final.
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 Parliament
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
proportional representation.
Re-election is allowed any number of times.
He 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 president.
He holds office for a term of 5
years but can continue even further till his successor
joins.
He can resign in
writing to the president.
Rajya Sabha can remove him an absolute
majority which
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
invalidated.
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 next president is elected. Thus the office was created to maintain continuity in the Indian state.
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