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Vice President of India ( Article 63) (Vacancy in his office (Removal by a…
Vice President of India ( Article 63)
Indirect Elections (Article 66)
Proportional Representation by the means of Single Transferable Vote
Special Electoral Collage
Nominated+ Elected members of LS
Nominated+ Elected members of RS
All the questions pertaining to validity of elections to the office of VP must be decided upon by SC and the decision of SC is final. (Article 71)
Reason for no direct elections and smaller electoral collage compared to President
functions mostly as the ex- officio Chairman of Rajya Sabha and doesn't represent states like president
acts as President on rare occasions
not much responsibility is assigned in Indian Polity- His Superfluous Highness
Qualifications
Must be at least 35 years fo age
Must be a citizen of India
Qualified to be a member of 'Rajya Sabha' (It's LS in the case of President)
Doesn't hold any office of profit
Oath
Oath is administered by President --> CJI --> Senior-most judge of SC
Vacancy in his office
Removal
by a non- quasi-judicial process unlike president who undergoes a formal quasi- judicial process of Impeachment.
Resolution of removal is moved in Upper House (RS) and must be passed by 'Absolute Majority'
Then, the resolution for removal is taken up by Lower House (LS) and such a resolution must be passed by Simple Majority
Expiry of tenure
Resignation- letter given to President
Death
Election of VP is declared unconstitutional and declared void by SC
Functions
He is the ex- officio chairman of Council of States and presides over the sitting of RS to implement constitution in the house, cast the casting vote and look into the questions of disqualification of members under provision of 10th Schedule.
He acts as president when latter is unable to discharge his duties and also, assumes latter's office in case of vacancy due to resignation, death or otherwise. (Article 70)
Difference between the VP's offices in India and America
India:
VP only acts as a president during vacancy in president's office for a maximum period of 6 months
America:
VP doesn't merely act as a President, rather, becomes a president in case of vacancy, for the remainder of the term.