Removal of Vice President

The Vice President (VP) of India is the country's second-highest constitutional office, after the President. An Electoral College composed of members of both Houses of Parliament elects the Vice President. Article 66 of the Indian Constitution defines the eligibility and the process for electing the Vice President of India. The Vice President is indirectly chosen by members of an electoral college comprised of members of both Houses of Parliament using a proportional representation system with single transferable votes rather than members of state legislative assemblies.

The Election Commission of India conducted voting in secretly. The Vice President of India also acts as chancellor in central universities. Their contract is for five years. However, stay in the position until their successor comes over.

Removal of the Vice President

Article 67 of the Indian Constitution stipulates that the Vice President may be removed from office by a resolution of the Rajya Sabha passed by a majority of its members and approved by a majority of the Lok Sabha's present and voting members. Any House of Parliament may introduce the motion to remove the Vice President from office. However, the resolution cannot be carried unless the Vice President is given at least 14 days' notice.

The provision for the removal of the Vice President was inserted to the Indian Constitution by the Seventh Amendment Act in 1956. The clause was introduced to ensure that the Vice President might be removed from office in cases of misbehaviour or Constitutional breach. In a similar fashion, the Constitution provides for the impeachment of the president.

Before the resolution can be passed, however, the Vice President must be notified at least 14 days in advance. This notice must specify the basis for the proposed removal. Also, the Vice President has the chance to be heard in his defence prior to a vote on the resolution.

Importantly, the Constitution does not identify any reasons for removing the Vice President. Yet, it is commonly accepted that the Vice President can be dismissed for serious misbehaviour or Constitutional violations.

The provision for removing the Vice President was inserted to the Constitution by the Seventh Amendment Act of 1956. The clause was introduced to ensure that the Vice President might be removed from office in cases of gross misbehaviour or Constitutional breach. In a similar fashion, the Constitution provides for the impeachment of the president.

Even though no Vice President has ever been removed from office, this clause acts as an essential check on the Vice President's powers and maintains accountability in the highest constitutional offices of the country.

Conclusion

In the Indian Constitution, the provision for the dismissal of the Vice President provides a safeguard against the Vice President's gross misbehaviour or violation of the Constitution. Even though the Vice President has never been removed from office, this clause acts as a vital check on the Vice President's authority.

Frequently Asked Questions (FAQs)

Q1. What is the procedure in India for removing the Vice President?

Ans. According to Article 67 of the Indian Constitution, the Vice President can be removed from office by a resolution voted by a majority of the Rajya Sabha and approved by a majority of the Lok Sabha's present and voting members. Any House of Parliament may introduce the motion to remove the Vice President from office.

Q2. What are the grounds for the Vice President's removal in India?

Ans. The Constitution specifies no reasons for removing the Vice President. Yet, it is commonly accepted that the Vice President can be dismissed for serious misbehaviour or Constitutional violations.

Q3. Can the Vice President be removed without a joint resolution from both houses of Congress?

Ans. No, only a resolution made by the Rajya Sabha and ratified by the Lok Sabha can remove the Vice President from office.

Q4. What occurs if the Vice President's position is terminated?

Ans. According to the Constitution, if the Vice President is removed from office, a new Vice President will be elected.

Q5. Has any Vice President in India been removed from office?

Ans. None, there has been no example of the Vice President being removed in India till date.

Q6. Is impeachment of the Vice President's possible?

Ans. Contrary to popular belief, the Vice President cannot be impeached. In a similar fashion, the Constitution provides for the impeachment of the President of India.

Q7. Is the process for removing the Vice President identical to that for removing the President?

Ans. No, the procedure for removing the Vice President differs from the procedure for removing the President. The President may be impeached through a procedure including both Houses of Parliament and a judicial investigation, whereas the Vice President may only be removed by a vote of the Rajya Sabha and the Lokya Sabha.

Q8. Is the Vice President accountable to parliament?

Ans. Indeed, the Vice President is accountable to Parliament for carrying out his responsibilities. The Vice President is ex officio the Chairman of the Rajya Sabha and presides over its meetings.

Q9. What is the Vice President's function within the Indian political system?

Ans. After the President, the Vice President is the second-highest constitutional office in India. The Vice President fulfils a number of duties, including presiding over the Rajya Sabha and carrying out additional duties periodically delegated to him by the President.

Q10. Who does choose India's Vice President?

Ans. The Vice President is elected by an Electoral College made up of members of both Houses of Parliament.