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Term of Office and Removal of the Vice-President of India

Vice-President of India- Relevance for UPSC Exam

  • GS Paper 2: Indian Constitution- Historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

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Vice-President of India

  • Constitutional Provisions: The Office of the Vice-President of India is mentioned in Part V of the Constitution of India under Chapter I (Executive).
    • Article 63 of the Indian Constitution mentions the post of Vice-President.
    • The Constitutional Articles from 63-73 deal with the qualifications, election and removal of the Vice-President of India.
  • Constitutional Status: The Vice-President of India is the second-highest constitutional office in the country.
  • Present Vice-President: Muppavarapu Venkaiah Naidu is the current Vice President of India and the Chairman of the Rajya Sabha.

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Term of Vice-President Office

  • Vice President holds the position for five years from the date he enters the office of Vice-President.
  • Vacancy:
    • End of term: Vacancy is created when his five years term ends.
    • By way of Resignation: The Vice-President of India can resign before five years by handing over his resignation to the President.
    • By Way of Removal: Vice President can be removed by the Parliament.
    • On his death
    • Invalidity of His Election: A vacancy is also created when his election is declared void by the Supreme Court of India.
  • Filling of Vacancy:
    • An election to fill a vacancy caused by the expiration of the term of office of the Vice-President shall be completed before the expiration of the term.
    • 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,
  • 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.

Vice-President of India (Articles 63-73)

 

Removal of Vice-President of India

  • Article 67 of the Constitution talks about the terms of office of the Vice President and the procedure to remove him/her from the Office by the Parliament.
  • Removal Process: 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 (Rajya Sabha).
    • This resolution to remove the Vice President must be agreed to by the House of the People (Lok Sabha);
    • Pre-Condition: No resolution for the removal of the Vice president shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution;
  • A Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
  • Note: Unlike President, the vice president is not impeached rather removed from the office of the vice president.

Powers and Functions of Vice President of India

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Constitutional Articles relating to Vice-President of India

 

Vice Presidents of India [Article 63 to Article 71]
Article 63 There shall be a Vice President of India
Article 64 The Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other office of profit
Article 65 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 66 The Vice-President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament. The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State.
Article 67 The Vice-President shall hold office for a term of five years from the date of his appointment.
Article 68 An election to fill a vacancy created because of the completion of the term of office of Vice-President shall be completed before the expiry of the term.

The election to fill a vacancy created because of the death, resignation or removal of Vice-President shall be held as soon as possible.

Article 69 Every Vice-President shall make an Oath or Affirmation on entering upon his office before the President, or some person appointed in that behalf by him
Article 70 Discharge of President’s functions in other contingencies
Article 71 Matters relating to, or connected with, the election of a president or vice-president

 

 

Vice-President of India (Articles 63-73)

Powers and Functions of Vice President of India

President of India (Article 52-62): Constitutional Provisions, Qualifications and Election of President

President of India | Key Functions and Powers of President

Vacancy and Impeachment of The President

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