Venkaiah Naidu is the current Vice
President of India. He defeated UPA's candidate Gopalkrishna Gandhi on 5 August
2017 election.
Former
Vice Presidents of India
VICE PRESIDENT OF
INDIA
Ø
Articles
63 – 69 deals with VP of India.
Ø
The
VP occupies the 2nd highest office in the country.
Ø
VP
is accorded a rank next to the president in the official warrant of precedence.
Ø
H.V.Kamath
proposed the creation of office of VP in constituent assembly.
Article
63: The VP of India
Article
63 says there shall be office of VP.
Article
64: The VP to be Exofficio chairman of the
council of states
According
to article 64 the Vice-President shall be ex
officio Chairman of the Council of States and shall not hold any other office of profit.
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.
The
office of VP is modeled on the lines of the American VP.
Article65: The Vice-President to act as President or to discharge his functions
during casual vacancies in the office, or during the absence, of President.
1) In the event of the occurrence of
any vacancy in the office of the President by reason of his 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
two president died in office
2) 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.
The
VP Sarvepalli Radhakrishna discharged the functions of president in june 1960
when Rajendra Prasad was on 15 days tour to USSR and again I 1961 when the
president was ill and taking treatment in Germany.
3) The Vice-President shall, during,
and in respect of, the period while he is so acting as, or discharging the
functions of, President, have all the powers and immunities of the President
and be entitled to such emoluments, allowances and privileges as may be
determined by Parliament by law and, until provision in that behalf is so made,
such emoluments, allowances and privileges as are specified in the Second
Schedule.
When
VP is while discharging the function of President (acting) then he cannot preside over the council as chairman.
VP
takes oath before CJI as acting president.
Article
66: Election of Vice President
1) VP is elected by the Electoral
College consisting of members of both houses of parliament only, including
nominated members. Election in accordance with proportional representation by
means of single transferable vote through secret ballot.
The
vote value of voter in Electoral College is one.
Number of votes = 545 LS
= 245 RS = 790
Up
to 1962 VP elections are held by open ballot voting and through joint session
and secret ballot system.
In
the original COI, parliament use to elect VP in joint session. In 1961 by 11th
constitutional amendment it was dispensed with separate elections.
In
1957 and 1974 supreme court ruled that elections can be held for president and
VP if there are vacancies in Electoral College.
2) The Vice-President shall not be a
member Parliament or Legislature of any State, and if a member of Parliament or
Legislature of any State be elected as Vice-President, he shall be deemed to
have vacated his seat in that House on the date on which he enters upon his
office as Vice-President.
Elections
of VP are conducted by Election Commission.
Parliament
has the power to amend in the election manner of VP.
VP
elected according to the “Presidential and Vice Presidential Act 1952”.
3) No person shall be eligible for
election as Vice President unless he
a) is a citizen of India;
b) has completed the age of thirty-five
years; and
c) is qualified for election as a
member of the Council of States.
Qualification
of VP is same as that of POI, but he should be qualified for elections as a
member of RS in case of president he should be qualified as a member of LS.
Qualification
are based on 1997 amendment of Presidential and Vice Presidential Act 1952.
One
can be elected for any number of terms.
Conditions:
VP PRESIDENT
Support
by 20 members 50 members
Seconded
by 20 member’s 50 members
Deposit
of 15,000 15,000
To
get back the deposit the candidates has to secure 1/6th of votes
polled and valid.
All
doubts and disputes arising out of or inconnection with the election of a
President or VicePresident shall be inquired into and decided by the Supreme
Court whose decision shall be final. [71(1)]
Salary:
· Charged from consolidated fund of India.
· It can be reduced at any time.
· VP receives the salary as chairman of RS (Article 97), apart from all allowances.
· Does not come under IT.
· Salary – RS 1,25,000/-
· The pension for the Vice-President is 50% of the salary.
A person shall not be eligible for election as Vice President if he holds any office of profit.
Article
67: Term of office of Vice-President
The
Vice-President shall hold office for a term of five years from the date on
which he enters upon his office:
a) a Vice-President may, by writing
under his hand addressed to the President, resign
his office;
According
to president and vice presidential ______ amendment act 1969, if office of
president is vacant, the VP has to give his resignation to CJI addressing POI.
b) a Vice-President may be removed from
his office by a resolution of the Council of States passed by a majority of all
the then members of the Council and agreed to by the House of the People; but
no resolution for the purpose of this clause shall be moved unless at least
fourteen days' notice has been given of the intention to move the resolution;
c) a Vice-President shall,
notwithstanding the expiration of his
term, continue to hold office until his successor enters upon his office.
- In the case of removal procedure of VP COI remains silent, no specific ground is mentioned in the constitution. But the ground is deemed to be violation of constitution.
- The motion relating to the removal of VP shall be initiated in RS, for this a notice of 14 days in advance signed by one fourth of the total members of that house. After that the RS has to approve the motion with simple majority or majority vote. After approval of motion in RS it is moved to LS, if the motion is approved with same (simple) majority VP stands removed, if not the motion gets defeated.
- According to Article 91 any resolution for the removal of the Vice-President from his office is under consideration, the Chairman can not preside over the sitting.
- According to Article 92 the Chairman shall have the right to speak in, and take part in the proceedings of, the Council of States while any resolution for the removal of the Vice-President from his office is under consideration in the Council, shall not be entitled to vote at all on such resolution or on any other matter during such proceedings.
- Both the houses of parliament has to approve the motion separately otherwise motion gets defeated.
- It is not impeachment; it is a simple removable procedure.
- So far no VP is removed.
- Krishna kanth is the only VP died in the office.
Article
68: Time of holding election to fill vacancy in
the office of Vice President and the term of office of person elected to fill
casual vacancy
1) 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.
2) In case of vacancies occurred in the
office of VP except on the ground of completion of tenure, new VP shall be
elected as soon as possible. No time period is mentioned.
No
acting VP in case of vacancy and the office is kept vacant till new VP is
elected. During that period, those duties are performed by the deputy chairman
of RS.
The
newly elected person holds the office for the full term of five years from the
date on which he enters upon his office.
Article
69: Oath or affirmation by the Vice President.
Vice-President
shall, before entering upon his office, make and subscribe an Oath before the
President, or some person appointed in that behalf by him.
Powers and Functions of VP:
Ø
The
VP to be Exofficio chairman of the council of states. He presides over RS and
conducts the business of RS as speaker of LS.
Ø
He
acts as POI in case of unexpected vacancies for the maximum of 6 months.
Ø
He
was the chancellor to all central universities in India, and appoints vice
chancellors to the central universities.
Ø
He
acts as the chairman of Barath Ratna and Padma Awards committee.
LIST OF
VICE-PRESIDENTS OF INDIA
No.
|
Vice-President
|
office
|
President
|
1
|
Dr. Sarvepalli
Radhakrishnan
(1888–1975) |
1952 - 1962
|
|
2
|
Dr. Zakir Hussain
(1897–1969) |
1962 - 1967
|
|
3
|
Sh. Varahagiri Venkata Giri
(1894–1980) |
1967 - 1969
|
|
4
|
Gopal Swarup
Pathak
(1896–1982) |
1969 - 1974
|
|
5
|
Basappa Danappa
Jatti
(1912–2002) |
1974 - 1979
|
|
6
|
Justice Muhammad
Hidayatullah
(1905–1992) |
1979 - 1984
|
|
7
|
Ramaswamy Venkataraman
(1910–2009) |
1984 - 1987
|
|
8
|
Shankar Dayal
Sharma
(1918–1999) |
1987 - 1992
|
|
9
|
Kocheril Raman Narayanan
(1920–2005) |
1992 - 1997
|
|
10[2]
|
Krishan Kant
(1927–2002) |
1997 - 2002
|
|
11
|
Bhairon Singh
Shekhawat
(1923–2010) |
2002 - 2007
|
|
12
|
Mohammad Hamid
Ansari
(1937– ) |
2007 -2017
|
|
13
|
Muppavarapu
Venkaiah Naidu
(1949–) |
2017 -
|
Ram
Nath Kovind
|
List of VP who become POI
1.
Dr. Sarvepalli Radhakrishnan
2. Dr. Zakir Hussain
3. Sh. Varahagiri Venkata Giri
4. Ramaswamy Venkataraman
5. Shankar Dayal Sharma
6. Kocheril Raman Narayanan
2. Dr. Zakir Hussain
3. Sh. Varahagiri Venkata Giri
4. Ramaswamy Venkataraman
5. Shankar Dayal Sharma
6. Kocheril Raman Narayanan
Ø The
Vice President of India is Mohammad
Hamid Ansari, since 11 August 2007, and re-elected on 7
August 2012.
Ø Mohammad
Hamid Ansari 14th VP by post and 12th by person.
7.
Hamid Ansari is the 2nd person to get elected for the post of Vice
President of India at two consecutive terms, after Dr. Sarvepalli Radhakrishnan.
Ø First
dalit VP is Kocheril Raman Narayanan.
Ø Krishna
kanth is the only VP died in the office.
Ø Bhairon
Singh Shekhawat was
the 11th VP lost in 2007 presidential elections.
Ø 2007
VP elections NDA candidate is Najma Heptullah
and UNPA candidate is Rasheed Massod.
Ø 2007
VP elections NDA candidate is Jaswant Singh.
Ø Dr.B.R.Ambedkar
compared the post of VP with Prince of Wales.
Ø Dr. Sarvepalli Radhakrishnan, Justice
Muhammad Hidayatullah, Shankar
Dayal Sharma were elected unopposedly
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