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Article 63 of the Constitution of India provides that there shall be a Vice President of India Articles 64 and 89 (1) provide that the Vice President of India shall be ex-officio Chairman of the Council of States i.e., Rajya Sabha and shall not hold any other office of profit. In the constitutional set-up, the holder of the office of Vice President is part of the Executive but as Chairman of the Rajya Sabha he is a part of Parliament. He has thus a dual capacity and holds two distinct and separate offices.
To be qualified for election as Vice-President, Article
66(3), a person has to be a citizen of India, has completed the age of 35 years
and must be qualified to be elected as a member of Rajya Sabha.
Term of Office of Vice-President:
The Vice-President holds office for a term of five years from the date on which
he enters upon his office. He may, however, resign his office by writing under
his hand addressed to the President of India. He may also be removed from his
office by a resolution of the Rajya Sabha passed by a majority of all the then
members of the Rajya Sabha and agreed to by the Lok Sabha. At least fourteen
days' notice is necessary before such a resolution is moved. Notwithstanding the
expiration of his term, the Vice-President continues in office till his
successor assumes office (article 67). An election to fill a vacancy caused by
the expiration of term of office of the Vice-President has to be completed
before the expiration of the term and an election to fill a vacancy occurring
due to death, resignation, removal of the Vice-President or any other reason is
required to be held as soon as possible after the occurrence of the vacancy. A
person elected to fill such a vacancy holds office for a full term of five
years.
Functions as Chairman of the Rajya Sabha:
As the Chairman of the Rajya Sabha, the Vice-President presides over the
meetings of the House. As the Presiding Officer, the Chairman of the Rajya Sabha
is the unchallenged guardian of the prestige and dignity of the House. He is
also the principal spokesman of the House and represents the collective voice to
the outside world. He ensures that the proceedings of the House are conducted in
accordance with the relevant constitutional provisions, rules, practices and
conventions and that decorum is maintained in the House. He is the custodian and
guardian of the rights and privileges of the House and its members. Due to
several pressing and urgent engagements and preoccupations as Vice-President he
may not be able to devote full time as Presiding Officer of the Rajya Sabha, but
in practice he presides during the first hour of the sitting of the House which
is the Question Hour. This lively and occasionally tumultuous period is one of
the high points of the day during each Session where the accountability of
Government is most obviously on display. He deftly handles the situation,
ensures that Members' rights of asking questions and receiving complete replies
is well enforced and gives rulings on privilege matters and other procedural
points. Whenever important debates or landmark discussions such as on
Constitution Amendment Bills take place, he is invariably in the Chair. He has
no vote except when there is a tie (article 100). The Chairman's rulings
constitute precedents which are of a binding nature. The Chairman is not bound
to give reasons for his decisions. The Chairman's rulings cannot be questioned
or criticised and to protest against the ruling of the Chairman is a contempt of
the House.
In his task as Chairman, he is assisted by the Deputy Chairman who is a member
of the House and elected by it. The Deputy Chairman presides over the Rajya
Sabha in the absence of the Chairman and performs the duties of the office of
the Chairman if the Vice-President is acting as President or if there is a
vacancy in the office of the Vice-President. There is also a panel of six
Vice-Chairmen, which is constituted every year. A Vice-Chairman presides over
the meeting of the Rajya Sabha in the absence of the Chairman or the Deputy
Chairman. There is a Secretariat of the Rajya Sabha headed by a
Secretary-General to assist the Chairman in the discharge of his functions.
List of Vice President of India
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![]() Dr. Zakir Husain (13.5.62-12.5.67) |
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| Dr. Gopal Swarup Pathak (31.8.69-30.8.74) was a legal luminary. |
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![]() Shri M. Hidayatullah (31.8.79-30.8.84)
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![]() Dr. Shanker Dayal Sharma(3.9.87-24.7.92) |
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![]() Shri Krishan
Kant (21.08.1997 - 27.7.2002) |
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