Vice-president

The Vice-President is the ex-office Chairman of the Council of States (Rajya Sabha). He is the second highest dignitary of India occupying the second place in the warrant of precedence. He is elected for a five-year term. His normal function is to preside over the proceedings of the Rajya Sabha. But whenever a vacancy occurs in the office of the President by reason of his death, resignation, removal by impeachment or otherwise the Vice-President acts as President, until a new President is elected, and enters upon his office. He can also be called upon to discharge the functions of the President, when the President is unable to discharge his duties owing to illness, absence or otherwise. When the Vice-President acts or discharges the functions of the President he ceases to perform the duties of the chairman of the Rajya Sabha. He is entitled to get when acting or discharging the duties of the President, the emoluments of the President.

Qualifications for election as vice-president

In order to be qualified to be elected as Vice-President a person must

(a)     Be a citizen of India.

(b)     Have completed 35 years of age

(c)     Have qualified to be elected as a member of the Rajya Sabha and

(d)     Not hold any office of profit.

However, for this purpose, the President, Vice-President, governor of a State and a Minister of the Union or a State, are not held to be holding an office of profit.

The Vice-President cannot be a member of either House of the Parliament or a House of the Legislature of a State. If a member of the Parliament or a State Legislature is elected Vice-President, he ceases to be a member of the Parliament or the Legislature of a State from the date of which he enters upon his office.

Term of office of vice-president

The Vice-President holds office for five years. But if his successor is unable to enter upon his office, then the Vice-President continues to hold his office beyond the five years term until his successor enters upon his office. The Vice-President can be removed from his office by a resolution of the Rajya Sabha passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha. Prior to passing the resolution in the Rajya Sabha, a fourteen-day notice should be served on the Vice-President. Further, the procedure for the removal of the Vice-President cannot be initiated in the Lok Sabha. A formal impeachment is not required for this removal. An election to fill the vacancy caused by expiration of the term of office of Vice-President should be completed before the expiration of the term. An election to fill a vacancy caused by reasons other than expiration of five-year term should be completed as early as possible.

Election of the vice-president

The election of the Vice-President like that of the President is indirect. He is elected by an electoral college consisting of all the members of the Parliament (both) elected and nominated members). The State Legislatures do not take part in it. The election is in accordance with the system of proportional representation by means of the single transferable vote. The Supreme Court has the final and exclusive jurisdiction for resolving disputes and doubts relating to the election of the Vice-President.

Emoluments of vice-president

The Vice-President draws salary as the Chairman of the Rajya Sabha. In addition to his salary he is entitled to allowances and a rent-free accommodation. His monthly salary as the Chairman of the Rajya Sabha is Rs. 1, 25,000. When he acts or discharges the functions of the President, allowances, power, immunities and privileges attached to the office of President.

Functions of Vice President

Vice President is the executive Chairman of the Rajya Sabha and cannot hold any other office of the profit. However, during the period when he/ she acts as the officiating President of India, he / she shall not act as chairman of the Rajya Sabha and shall not be entitled to the salary or allowances payable to the chairman of the Rajya Sabha.

Article 65 says that in case the President is unable to discharge his/ her duties for reasons such as illness, resignation, removal, death or otherwise, the Vice President shall carry out functions of the President. In such case, he/ she shall be entitled for the salary, allowance and all privileges of the President

Functions as the Chairman of the Rajya Sabha:

The Vice-President is not a member of the Rajya Sabha yet he acts as its Chairman. He conducts the business of the House. He maintains discipline and decorum in the House. He has the power to take action against those who violate the rules of Rajya Sabha. The Vice President has no right to vote as he is not a member of the Rajya Sabha. However, as its chairman, he can give a casting vote in case of a tie.

Position of Vice-President:

Despite the fact that the Vice-President has not been assigned any specific role or special duties, he occupies an important position in the Indian constitutional system. He occupies an office of considerable dignity. In the warrant of precedence he is next only to President.