Term of Office and Conditions of the Vice-President’s Office (Articles 67–68)

At a Glance

• What it is Term, removal, qualifications, oath and conditions of the Vice-President’s office
• Articles Articles 67, 68 and 69
• Term Five years; eligible for re-election
• Removal Rajya Sabha resolution by effective majority, agreed to by the Lok Sabha
• Exam link UPSC Prelims, Polity: Vice-President

Where Does It Fit?

This is the second topic of the category on the Vice-President. The Constitution lays down who can hold the office, how long, the oath and how the Vice-President can be removed.

Qualifications

1. A citizen of India.
2. At least 35 years of age.
3. Qualified for election as a member of the Rajya Sabha.
4. Not holding any office of profit under the Union government, a state government, a local authority or any other public authority.

A sitting President or Vice-President, the Governor of any state, and a minister of the Union or of any state is not deemed to hold an office of profit and so can be a candidate. The nomination must be subscribed by at least 20 electors as proposers and 20 electors as seconders, and every candidate has to deposit Rs 15,000 in the Reserve Bank of India (Presidential and Vice-Presidential Elections Act, 1952, as amended in 1997).

Oath and Conditions of Office

Before entering upon office the Vice-President makes and subscribes to an oath or affirmation, swearing to bear true faith and allegiance to the Constitution of India and to faithfully discharge the duties of the office. The oath is administered by the President or some person appointed by the President. The Constitution lays down two conditions of the Vice-President’s office: the Vice-President should not be a member of either House of Parliament or of a House of a state legislature, and if such a person is elected, the seat is deemed vacated on the date of entering upon the office; and the Vice-President should not hold any other office of profit.

Term, Resignation and Removal

The Vice-President holds office for a term of five years from the date of entering upon office. The Vice-President can resign at any time by addressing a resignation letter to the President. The Vice-President can also be removed before the term ends, and a formal impeachment is not required. The removal is by a resolution passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha. This means the resolution must be passed in the Rajya Sabha by an effective majority and in the Lok Sabha by a simple majority. The resolution can be introduced only in the Rajya Sabha, not in the Lok Sabha, and no such resolution can be moved unless at least 14 days’ advance notice has been given. No ground for removal is mentioned in the Constitution.

Holding Over, Re-election and Vacancy

The Vice-President can hold office beyond five years until the successor assumes charge, and is eligible for re-election any number of times; Dr S. Radhakrishnan was elected for a second term. A vacancy can occur on the expiry of the term, resignation, removal, death (Krishna Kant was the first Vice-President to die in office) or otherwise, as in disqualification or the election being declared void. When the vacancy is to be caused by the expiry of the term, the election must be held before the term expires. If it arises from resignation, removal, death or otherwise, the election should be held as soon as possible after the vacancy, and the new Vice-President serves a full term of five years from the date of assuming charge.

Emoluments

The Constitution has not fixed any emoluments for the Vice-President as such. The Vice-President draws a regular salary in the capacity of ex-officio Chairman of the Rajya Sabha. In 2018 Parliament increased the salary of the Chairman of the Rajya Sabha from Rs 1.25 lakh to Rs 4 lakh per month, with effect from 1 January 2016. The pension of a retired Vice-President was increased in 2008 from Rs 20,000 per month to 50% of the salary. The Vice-President also gets a daily allowance, a free furnished residence, and medical and travel facilities.

Why Is This Topic Important?

• Comparison table Differences from the President are frequent
• Removal procedure Asked as a direct question
• Numbers 20 proposers, Rs 15,000 deposit

What Came Next?

The next topic covers the Vice-President as ex-officio Chairman of the Rajya Sabha.

Key People and Terms

• Effective majority Majority of all the then members
• Ex-officio By virtue of the office
• Resolution of removal Introduced only in the Rajya Sabha
• Office of profit Paid position under government
• Holding over Staying until a successor takes charge

Exam Corner

Mains Angle

Questions on this topic usually ask about removal. Use these points to add depth.

• Simpler removal No formal impeachment
• No ground specified Constitution is silent
• Link to Rajya Sabha Resolution starts in the Rajya Sabha
• Continuity Holding over