The Vice- President of India in the Indian Constitution

The Vice- President of India in the Indian Constitution

The Vice-President of India (Articles 63-73)

Part V of the Constitution of India under Chapter I (Executive) also discusses about the office of the Vice-President of India. The Vice-President of India is the second highest constitutional office in the country.

Article 63: The Vice-President of India

• There shall be a Vice-President of India.

Article 64: The Vice-President is to be ex-officio Chairman of the Council of States.

• The Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other office of profit:
• Provided that during any period when the Vice-President acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97.

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: Election of Vice-President

• Vice‑President is elected by members of an electoral college consisting of the members of both the Houses of the Parliament. However, his election is different from that of the President as the state legislatures has no part in it.

Citizen of India

• More than 35 years of Age
• Passed the qualification of membership of Rajya Sabha
• Not hold any office of profit under union, state or local authority. 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

 Article 67: Term of office of Vice-President

The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:

Provided that –

(a) A Vice-President may, by writing under his hand addressed to the President, resign his office;

(b) 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 and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution;

(c) A Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

Article 68

• 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

Article 69: Oath or affirmation by the Vice-President

Every Vice-President shall, before entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation in the following form, that is to say – "I, A.B., do swear in the name of God /solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will discharge the duty upon which I am about to enter."

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

Article 72:

• Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

Article 73:

• Extent of executive power of the Union*

(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend—

(a) to the matters with respect to which Parliament has power to make laws; and

(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement

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