Conditions of Office

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Conditions of Office

According to Article 66 of the constitution, no person shall be eligible for election as Vice-President unless he is a citizen of India, has completed the age of thirty-five years and is qualified for election as a member of the Council of States.

A person shall not be eligible if he holds any office of profit under any local or other authority subject to the control of any of the said Governments.

 

 

Term of Office and Removal

The Vice-President shall hold office for a term of five years from the date on which he enters upon his office.

There may be situations in which the Vice-President demits office before the five-year term. There will be two such situations. The first is when the Vice-President resigns his office by writing under his hand addressed to the President and the second when he is removed from office.

The Vice-President may be removed from his office by a resolution of the Council of States by a majority of all the members of the Council and agreed to by the House of the People. No such resolution shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

 

 

Vacancy in Office

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. Elections to fill a vacancy in the office of Vice-President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of article 67, be entitled to hold office for the full term of five years from the date on which he enters upon his office.

 

 

Disputes regarding Election of the Vice-President

  1. All doubts and disputes arising in connection with the election of the Vice-President are enquired into and decided by the Supreme Court of India whose decision is final.
  2. A petition challenging the election of the Vice-President is heard by a five-judge bench of the Supreme Court of India.
  3. The petition has necessarily to be accompanied by a security deposit of Rs. 20,000/-.

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