1.
The Office of the Vice-President:
The Vice-President of India is the second highest constitutional office
in the country. He serves for a five-year term, but can continue to be
in office, irrespective of the expiry of the term, until the successor
assumes office.
The Constitution
is silent on who performs the duties of the Vice-President, when a vacancy
occurs in the office of the Vice-President of India, before the expiry
of his term, or when the Vice-President acts as the President of India.
The only provision in the Constitution is with regard to the Vice-President's
function as the Chairperson of the Council of States (Rajya Sabha), which
is performed, during the period of such vacancy, by the Deputy Chairperson
of the Rajya Sabha, or any other member of the Rajya Sabha authorised
by the President of India.
The Vice-President
may resign his office by submitting his resignation to the President of
India. The resignation becomes effective from the day it is accepted.
The Vice-President
can be removed from office by a resolution of the Council of States (Rajya
Sabha), passed by a majority of its members at that time and agreed to
by the House of the People (Lok Sabha). A resolution for this purpose
may be moved only after a notice of at least a minimum of 14 days has
been given of such an intention.
2. The Vice-President as Chairperson* (ex-officio) of the Rajya Sabha:
The Vice-President
is the ex-officio Chairperson of the Council of States (Rajya Sabha )
and does not hold any other office of profit. During any period when the
Vice-President acts as, or discharges the functions of the President,
he does not perform the duties of the office of the Chairperson of the
Council of States (Rajya Sabha) and, is not entitled to any salary or
allowances payable to the Chairperson, Rajya Sabha.
3. The Vice-President
as Acting President:
The Vice-President acts as President, during casual vacancy in the office
of the President by reason of death, resignation or removal or otherwise,
until a new President is elected as soon as practicable and, in no case,
later than six months from the date of occurrence of the vacancy. When
the President is unable to discharge his functions owing to absence, illness
or any other cause, the Vice-President discharges those functions till
the President resumes office. During this period, the Vice-President has
all the powers, immunities and privileges of the President and receives
emoluments and allowances payable to the President.
*In these texts,
the expression 'Chairperson' has been used so as to be proper, genderwise.
The statutory provisions however, contain the expression 'Chairman'.
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