The Vice President -

The Vice-President

Table of Contents

The Vice-President is elected indirectly through the System of Proportional Representation by means of the Single Transferable Vote (STV).
Voting is conducted through a Secret Ballot.
State Legislatures have no role in the election of the Vice-President.
The Electoral College consists of all elected and nominated members of both Houses of Parliament (Lok Sabha & Rajya Sabha). (Article 66(1)).

A candidate must satisfy the following conditions:

- Must be a Citizen of India.
- Must have attained the Age of 35 years.
- Must not hold any Office of Profit under the Union or State Government (except the offices of President, Vice-President, Governor, or Minister).
- Must be qualified for election as a Member of the Rajya Sabha. (Article 66).
- If a Member of Parliament or State Legislature is elected as Vice-President, the seat is deemed vacant from the date of assumption of office.

Impeachment is not applicable for the Vice-President.
Removal is effected through a Resolution of the Rajya Sabha, passed by an Effective Majority, and subsequently agreed to by the Lok Sabha. (Article 67).

Eligible for re-election for any number of terms.
Dr. S. Radhakrishnan became the first Vice-President to secure a second consecutive term (1957).

The Vice-President serves as the Ex-officio Chairman of the Rajya Sabha.
No independent executive powers are attached to the office apart from this constitutional responsibility.

The Vice-President discharges the functions of the President when:

The office of the President becomes vacant due to death, resignation, removal, or otherwise, until a new President assumes office. (Article 65(1)).
The President is unable to discharge duties because of illness, absence, or any other reason.

During Dr. Rajendra Prasad’s visit to the Soviet Union (1960), Dr. S. Radhakrishnan acted as the President of India for the first time due to the President’s temporary inability to perform his functions.
If both the offices of the President and Vice-President become vacant simultaneously, the Chief Justice of India (CJI), or in his absence the Senior-most Judge of the Supreme Court, performs the functions of the President.
In 1969, after the death of Dr. Zakir Husain and the resignation of Vice-President V.V. Giri, Chief Justice M. Hidayatullah discharged the functions of the President.

As Vice-President, no separate salary is payable.
He receives the Salary and Allowances of the Chairman of the Rajya Sabha.
While discharging the functions of the President, he receives the Salary and Emoluments of the President.
During such period, the Deputy Chairman of the Rajya Sabha performs the duties of the Chairman. (Article 91).

All disputes relating to the election of the President or Vice-President are decided exclusively by the Supreme Court of India. (Article 71).
The decision of the Supreme Court is final.
An election cannot be challenged merely because of a vacancy in the Electoral College.
If an election is declared void, acts performed by the elected President/Vice-President before such declaration remain legally valid.
Parliament is empowered to enact laws regulating matters relating to such election disputes.