Vice-President of India – Article 63-73 of Indian constitution

Vice President of India- Article 63- 73 of Constitution of India

Introduction

Vice- President of India has the second highest office in the country Article 63-73 of Indian Constitution tells us about the Vice-President of India, qualification, election process, powers, removal process and many more. He serves or the 5 years in his office, Part V of Indian Constitution under Chapter I tells us about the office of the Vice-President. The Vice-President is also the Chairperson of the Rajya Sabha.

Muppavarapu Venkaiah Naidu is the current Vice-President of India and the Chairman of the Rajya Sabha since 11August 2017.

Article 63 tells us that There shall be a Vice-President of India.

Article 69 tells us about the oath of the Vice-President of India.

Election of Vice-President (Article 66)

In India there is no direct election for the post of Vice-President. The candidate is elected through Electoral College. The election process of the President and the Vice-President of India is quite similar but the Electoral College that elects the President is different from the Electoral College.

According to Article 66 of Indian Constitution tells us the process of election and votes,

Value of vote of MLA, that is the Member of Legislative Assembly is counted as total population of a state is divided by total number of elected members in the state legislative assembly is multiplied by 1 by 1000

      

Total population of State                ×                 1

Total number of elected members                   1000

In the State Legislative assembly

Value votes of a Member of parliament, that is the total value of votes of all the MLAs of all the state is divided by total number of elected members of parliament

      Total value of votes of all the MLAs of all the state

Total number of elected members of parliament

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The Election of Vice-President shall be held in accordance of proportional representation by means of the single transferable vote and the voting at such election shall be done by secret ballot.

The only difference between the election process of the President and the Vice-President is

  1. Both the elected and nominated members of both the houses of parliament takes part in the electoral college of Vice-President, whereas the nominated members does not take part in the President election.
  2. State has no role in Vice-President election, whereas the President’s election state legislative assemblies elected members are part of Electoral College.

Term of Vice-President of India (Article 67)

  • Once the Vice-President elected, he holds the office for 5 years.
  • He can resign before 5 years by handover the resignation letter to the President.
  • Article 67 of Indian Constitution gives us an insight of the term of the Vice-President of India

Removal process of the Vice-President of India

There is no impeachment process for the Vice-President of India likely as President of India Rajya Sabha can simply pass a resolution with the majority and the Lok Sabha can pass it. There is no grounds mentioned in the Constitution for the removal of the Vice-President.

Article 64 of Indian Constitution 

Article 64 Indian Constitution says that the Vice-President of India is to be the Ex Officio Chairman of the Council State. The Article says that Vice-President should be the Ex Officio Chairman of the Council State and shall not hold any office of profit. Under Article 65 of Indian Constitution when the Vice-President act as the President or discharges the function of  the President, the Vice-President shall not perform the duties of the office of the Chairman of the Council State and he is not entitled to the salary or the allowances payable to the Chairman of the Council State under Article 97 of Indian Constitution.

Article 65 of Indian Constitution

Article 65 of Indian Constitution states The Vice-President o act as President or Discharge to Functions During Casual Vacancies in the Office During the Absence of the President.  In the following events the Vice-President can act as President.

  1. Article 65 clause (1) states that when the President office is vacant in the reasons may be as the death of the President, the resignation or removal of the President, the Vice-President will be act as the President till the new President gets elected.
  2. Clause (2) says that when the President is unable to discharge his function because of the absence, illness or any other reason the Vice-President will act as the President until the date the President resumes to his duties.
  3. Clause (3) says that During the acting or discharging the function of the President has all the powers and immunities that the President and to be entitled to such emoluments, allowances privileges that may be determined by the Parliament and by Law until the provision was made until in the behalf (this is mentioned in the Second Schedule).
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Article 68 of Indian Constitution.   

Article 68 of Indian Constitution says that 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.

  1. Article 68 Clause (1) says that An Election must held to fill a vacancy caused by the expiration of the term office of Vice-President, election shall be completed before the expiration of the term.
  2. An election must held to fill the vacancy of the Vice-President as soon as possible the reason of the vacancy must be death, resignation or removal, under Article 67 the new Vice-President will hold the full term office for 5 years from the date on which he enters in the office.

Article 70 of Indian Constitution

Article 70 of Indian Constitution states The Discharge of President Function in Other Contingencies. Discharge of the function of the President is not provided in this chapter but the Parliament may make such provision.

Article 71 of Indian Constitution

Article 71 of Indian Constitution states the “Matter Relating To, Or Connected With the Election Of The President Or Vice-President”. This Article states the disputes that arise in the election of the President and The Vice-President of India is solved by the Supreme Court and the matter relating to the election is resolved by the Parliamentary law.

Article 72 of Indian Constitution

Article 72 of Indian Constitution states the “Power of Pardon and Suspend Remit or Commute Sentence In Certain Cases”. There are certain powers: –

  1. The President shall have power to grant Pardon, reprieves, respites or remission of punishment or to suspend remit or commute the sentence of any person convicted the offence
  2. all the cases where the punishment of sentence by is by a Court Marital
  3. any Law relating matter to which the executive power of the Union Extends which are in their against.
  4. In the sentence to death cases .
  5. Nothing shall affect the power of suspend, remit or commute the sentence to death exercised by the Governor of the state under any law for the time being in force as given in sub clause (a) of clause (1).
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 Article 73 of Indian Constitution

Article 73 of  Indian Constitution states Th States That Extent Of Executive Power Of The Union. This article states

  1. The union shall extend its power
  2. The matter related to the law making power of Parliament.
  3. The Union shall exercise such rights, authority and jurisdiction that are exercisable by the Government of India.

List of Vice-Presidents of India

Vice-Presidents of India Term of Office
Sarvepalli RadhaKrishnan (First Vice-President of India) 13 May 1952- 12 May 1957                             13May 1957- 12 May 1962
Zakir Hussain 13 May 1962- 12 May 1967
V.V. Giri 13 May 1967- 3 May 1969
Gopal Swarup Pathak 31 August 1969- 30 August 1974
B.D. Jatti 31 August 1974- 30 August 1979
Mohammad Hidayatullah 31 August 1979- 30 August 1984
R. Venkataraman 31 August 1984- 24 July 1987

 

Shankar Dayal Sharma 3 September 1987-24 July 1992
K. R. Narayanan 21 August 1992-24 July 1997
Krishan Kant 21August 1997- 27 July 2002
Bhairon Singh Shekhawat 19 August 2002- 21 July 2007
Mohmmad Hamid Ansari 11 August 2007- 11 August 2012                    11August 2012- 11 August 2017
Venkaiah Naidu 11 August 2017- Incumbent

 

Author: Nishika Bharadwaj,
Symbiosis Law School Nagpur

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