QUALIFICATION AND TERMS OF OFFICE – VICE PRESIDENT

Qualification of Vice President in India:

1. Citizenship:

  • The candidate must be a citizen of India.

2. Age:

  • The candidate must not be less than 35 years of age.

3. Eligibility for Rajya Sabha:

  • The candidate must be eligible for election as a member of the Rajya Sabha. This means the individual should meet the qualifications required for being a member of the Rajya Sabha, such as being a citizen of India, not less than 30 years of age, and possessing other qualifications as prescribed by law.

4. Not Holding Office of Profit:

  • The candidate should not hold 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.

Terms of Office of Vice President in India:

1. Duration:

  • The Vice President holds office for a term of five years.

2. Re-Election:

  • There is no limit on the number of terms a person can serve as Vice President. The Vice President is eligible for re-election.

3. Resignation:

  • The Vice President can resign from office by submitting the resignation to the President of India.

4. Removal:

  • The Vice President can be removed from office before the completion of the term through a resolution passed by the Rajya Sabha with a special majority (a majority of the total membership of the house and a majority of not less than two-thirds of the members present and voting).

5. Acting President:

  • In the event of a vacancy in the office of the President or when the President is unable to discharge the functions of their office, the Vice President acts as the President until a new President is elected or the President resumes the duties.

6. Oath of Office:

  • The Vice President takes the oath of office and secrecy before the President or some person appointed in that behalf by the President.

7. Emoluments and Privileges:

  • The Vice President is entitled to emoluments and privileges as determined by Parliament. The salary and allowances are charged on the Consolidated Fund of India.

8. Residence:

  • The Vice President is entitled to the use of his official residence during his term of office.

9. Remuneration After Term:

  • Even after the term of office, the Vice President is entitled to a pension determined by Parliament.

10. Vacancy in the Office:

  • In case of a vacancy in the office of the Vice President due to death, resignation, or removal, a new Vice President is elected within six months.

Additional Points:

a. Qualifications Similar to Rajya Sabha Members:

  • The qualifications for the Vice President are similar to those required for members of the Rajya Sabha, as the Vice President is the ex-officio Chairman of the Rajya Sabha.

b. Nomination Process:

  • The Vice President is elected by an electoral college consisting of members of both Houses of Parliament. The nomination process involves proposers and seconders, and candidates must withdraw before the election if they choose to do so.

c. Role in Rajya Sabha:

  • Apart from being the ex-officio Chairman of the Rajya Sabha, the Vice President does not have a casting vote in case of a tie. The Deputy Chairman of the Rajya Sabha exercises the casting vote.

The qualifications and terms of office for the Vice President of India are designed to ensure that the person holding this significant constitutional office is well-qualified, eligible for Rajya Sabha membership, and can contribute effectively to the functioning of the Rajya Sabha and, when necessary, discharge the duties of the President.

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