Article 63 of Indian Constitution Vice president
As per Article 63 of constitution of India their shall be a Vice President of India. Salary 400000/-, Shall be citizen of India.
Election of Vice President of India
Security deposit by vice president of India, as candidate
The name of the candidate for the vice president must be proposed by 20 electors and be seconded by 20 electors.( The presidential and vice presidential election(Amendment) Act 1994)
The candidate for this, is also required to deposit a security deposit of 15,000/- rupees.
Article 66 of the Constitution election
Constitution of India Article 66(1)
- The Vice-President shall be elected by the members of an electoral college
- Consisting of the members of both Houses of Parliament
- In accordance with the system of proportional representation by means of the single transferable vote
- And the voting at such election shall be by secret ballot.
Article 66(2) Constitution of India
- The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State,
- And if a member of either House of Parliament
- Or of a House of the Legislature of any State be elected Vice President,
- He shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.
Constitution Article 66(3) vice president eligibility
No person shall be eligible for election as Vice- President unless he:-
- (a) is a citizen of India
- (b) has completed the age of thirty-five years
- (c) is qualified for election as a member of the Council of States
Article 66(4) Constitution of India, office of profit, not eligible
- A person shall not be eligible for election as Vice- President if he holds any office of profit under the Government of India
- Or the Government of any State or under any local or other authority subject to the control of any of the said Governments.
Explanation of Article 66(4) not eligible
For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.
Article 67 Constitution of India, Term of office
The Article 67 of Indian Constitution, term of office of Vice President, he shall hold office for a term of five years from the date on which he enters upon his office. Provide that:-
Constitution of India Article 67(a) Resign, by writing
- A Vice-President may, by writing under his hand addressed to the President, resign his office.
Article 67(b) of Indian Constitution, Vice President, removed by resolution
- A Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People.
Constitution of India Article 67(b), notice to Vice President, removal
But no resolution for the purpose of this clause shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.
Article 67(c) Constitution of India
- A Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
Article 68 Constitution of India
Time of holding election to fill vacancy in the office of Vice- President and the term of office of person elected to fill casual vacancy.
Constitution of India Article 68(1) fill a vacancy by term expiration
An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be completed before the expiration of the term.
Article 68(2) Constitution of India, fill a vacancy
- An election to fill a vacancy in the office of Vice President occurring by reason of his death,
- Resignation or
- Removal, or
- Otherwise shall be held as soon as possible after the occurrence of the vacancy,
- And the person elected to fill the vacancy shall, subject to the provisions of article 67,
- Be entitled to hold office for the full term of five years from the date on which he enters upon his office.
Oath or affirmation by the Vice President, Article 69 Constitution of India
Every Vice-President shall, before entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation
Discharge of President’s functions in other contingencies, Article 70 Constitution of India
Parliament may make such provisions as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.
President ( Discharge of Function) Act, 1969
According to this act, when the office of President and Vice President are vacant then the Chief Justice of India or in his absence the senior 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 Sri VV Giri resigns, the chief justice Sri Hridayatullah discharged the functions till the new President took charge.
Function of Vice President Article 65 Constitution of India
The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.
Article 65(1) Constitution of India, any vacancy in the office of the President, function of Vice president
- In the event of the occurrence of any vacancy in the office of the President by reason of his death,
- resignation or removal,
- Or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office.
Constitution of India Article 65(2) function
- When the President is unable to discharge his functions owing to absence,
- Illness or
- Any other cause,
- The Vice-President shall discharge his functions
- Until the date on which the President resumes his duties.
During 1961, when president Dr Rajendra Prasad was hill and was in cable of discharging his person president himself suggested that the vice president should discharge the function of the president until he resume his duty.
No machinery have been prescribed by the constitution to determine when the President is unable to discharge his duties owing to absence from India it becomes a somewhat delicate matter as to who shall move in the matter on any particular occasion.
Function, India Article 65(3) Constitution
- The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President,
- Have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges
- As may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and
- Privileges as are specified in the Second Schedule.
Matters relating to, or connected with, the election of a President or Vice-President, Article 71 of India Constitution
Article 71 (1) of Indian Constitution, dispute in election settlement
All doubts and disputes arising out of or in connection with the election of a President or Vice- President shall be inquired into and decided by the Supreme Court whose decision shall be final.
Indian Constitution Article 71(2)
If the election of a person as President or Vice President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice President,
As the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.
Article 71(3) of Indian Constitution
Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice- President.
Constitution of India Article 71(4)
The election of a person as President or Vice President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.
Salary of Vice President of India
According to Salaries and Allowance of Offices of Parliament (Amendment) Act 2008 raised the salary of the Vice President to 125000 per month from 40000 per month and now the salary has been raised to 4 lakh.
The Vice-President to be ex officio Chairman of the Council of States, Article 64 Constitution
The Vice-President shall be ex officio Chairman of the Council of States and shall not hold any other office of profit:-
Provided that during any period when he acts, as President or discharges the functions of the President under article 65,
He shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under
article 97.