Vice President of India

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Art 63 – Vice President of India.

Art 66 (3) – Qualifications –  Citizen
                                              35 years
                                                 Qualified for election to co-states.

Art 66 (4) – Conditions –

  1. Office of Profit should not be held at center, state or local government’s.
Qualification & Conditions are same for President, Vice President, Government are qualified.

Art 66 (1) – Method of his Election Elected by

Electoral College consisting of Member’s of both houses of Parl.

Prop. Representation by means of single trousferable vote.

Secret ballot.

Any dispute regarding elections shall be resolved by SC. Vacancy of Electoral college cannot be a ground,

172A’s/19LC’s do not participate in elections.

11th Amendment removed word “It sitting” from the Article 66 (1).

Term:-

5 years but can be terminated before fixed term by resignation or removal.

Art 67 (b) Removal should be by giving prior notice of 14 days reserved of cost by majority of members (Council of states)

Agreed by house of people.

Sitting Vice President is eligible for reelection.

Ex:- Radha Krishnan

Appointment RS + LS but removal only Rs.

Same procedure when acting as president.
*Functions:-
  1. No fC’s attatched.
  2. Ex-office chairman of  cost.
  3. Acting as president if president – dead, Art 65 (1)

                                                           Resign,
                                                           Removal,
                                                           Otherwise,
Until new president is elected.
  1. Discharge fC’s of president during

Temporary absence or Illness or any other cause of President

  1. When President unable to discharge duties not given in ©. [Art 65 (2)]
Ex: Radhakrishna the Vice President has discharged the duties at president when Rajendra Prasad as president went on long tour to USSR in 1958 hence had an inability [* Acting President List]
    • Art 71(2) if election of president or vice president is declared void by SC, than acts done by him are not invalidated.

Art 65 (3) says that acting vice president will have all immunities of President.

II Schedule says that acting vice president will draw salary,
Same emoluments & allowances as that of president.

However
  Not salary as chairman of cost.

President (Discharge of FC’s Act), 1969 gives that if president, Vice President position vacant than Chief Justice of India

Senior most judge of SC should occupy.

Vice President Position is like “Super flous highness”.

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