Vice President of India

Context (TH): Maharashtra Governor C.P. Radhakrishnan Elected as the 15th Vice President of India.
After Shankar Dayal Sharma, Radhakrishnan is the second Governor to be elected as Vice President while serving as a Governor.

About Vice-President of India

The office of the Vice-President is the second-highest constitutional office after the President. It ranks second in the order of precedence and first in the line of succession to the presidency.
The VP is also the ex-officio chairman of the Rajya Sabha. In this capacity, his powers and functions are similar to those of Loksabha’s speaker.
It serves a term of five years and is eligible for re-election.
The VP may resign by submitting his resignation to the President of India.
If the President is unable to discharge their duties due to absence, illness, or any other cause, the Vice-President assumes the role of Acting President.
- This arrangement continues until a new President is elected, which must occur within six months if the vacancy arises due to the President’s death, resignation, or removal.
- During this period, the VP ceases to perform the functions of Chairman of the Rajya Sabha.

Article 66 mandates the indirect election of the Vice President by both Houses through proportional representation with a single transferable vote and a secret ballot.
Elected and nominated MPs of both Houses form the electoral college; state legislatures are excluded.
Election Commission conducts the process under the Presidential and Vice-Presidential Elections Act, 1952.
Article 71 vests the Supreme Court with jurisdiction over all Vice-Presidential election disputes.

As per Article 66(4), a Vice-Presidential candidate must have attained 35 years of age.
Article 84 requires that candidates meet all qualifications applicable to Rajya Sabha membership.
Candidates must not hold an office of profit or be disqualified under Article 102.

Article 69 mandates that the President administer the oath to the Vice President upon election.
Under Article 68(2), the Vice President’s five-year constitutional term begins from the oath-taking date.
Article 67(c) permits the outgoing Vice President to remain until the successor takes charge.

Article 67(b): This article outlines the framework for removing the Vice-President from office.
Grounds for Removal: The Constitution does not specify any particular grounds for the removal of the Rajya Sabha Chairman. The decision is left to the discretion of the members of Parliament.
14-Day Notice: A mandatory 14-day notice period is required before moving a resolution to remove the Chairman.
Intention and Reasons: The notice must clearly state the parliamentarian’s intention to move the resolution and outline the reasons for it.
Voting for the Resolution: A resolution must be passed in Rajya Sabha by an effective majority (i.e., a majority of all the then members of the house) & also agreed upon by the Lok Sabha to effect removal.
- The Lok Sabha is informed after the resolution but holds no voting power in the removal process.
- Unlike Article 61 for President, Vice President’s removal involves no bicameral impeachment procedure.

Note: Effective Majority in India is only a type of special majority.

No-confidence resolutions against Lok Sabha Speakers, including G V Mavalankar (1951), Sardar Hukam Singh (1966) & Balram Jakhar (1987), were discussed & subsequently negated by the House.

The Chairman’s role involves presiding over the House and ensuring order in its proceedings.
In the case of a tie during voting on a particular issue, the Chairman exercises a casting vote. This vote is deciding the outcome when the votes are equally divided.