The Vice President is the second most important constitutional functionary of the Union. This office is modelled on the lines of the American Vice President. The first Vice-President of India – Sarvepalli Radhakrishnan.
Article 63 – The Vice President of India
- There shall be a Vice-President of India.
Article 64 – Ex officio chairman
- The Vice President act as ex-officio chairman of the council of the state that is Rajya Sabha.
- 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 act as President.
- THE VICE-PRESIDENT TO ACT AS PRESIDENT OR TO DISCHARGE HIS FUNCTIONS DURING CASUAL VACANCIES IN THE OFFICE, OR DURING THE ABSENCE, OF PRESIDENT
- In the event of the occurrence of any vacancy in the office of the President by reason of this death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office.
- When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.
Article 66 – Election of Vice-President
- The Vice-President shall be elected by the member of electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of a single transferable voting system.
- The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State.
- No person shall be eligible for election as Vice-President unless he
- is a citizen on India;
- has completed the age of thirty-five years
- is qualified for election as a member of the Council of States.
- A person shall not be eligible for election as Vice-President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.
Article 67 – Terms of Office of Vice President
- The Vice-President shall hold office for a term of five years.
Removal of Vice – President
- A Vice-President may resign his office.
- a Vice-President may be removed from his office by a resolution of the Council of States passed by a special majority.
- A Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
Article 68 – Vacancy of Vice President
- An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be completed before the expiration of the term.
- An election to fill a vacancy in the office of Vice-President occurring by reason of his death, resignation or removal,
Article 69 – Oath or Affirmation by Vice-President
- the oath of office to the Vice President is administered by the President or some person appointed on that behalf by him.
- In his oath, the Vice President swears to bear true faith and allegiance to the Constitution of India and to faithfully discharge the duties of his office.
Article 70 – Discharge of President’s function in other contingencies.
- Parliament may make such provision as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.
Article 71 – Matters relating to, or connected with, The election of the President or Vice-President
- All doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final.
- If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.
- Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President.
- The election of a person as President or Vice-President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.