Skip to main content

Vice President of India

 Vice President of India

  • The Vice President of India is the second-highest ranking government official in the executive branch of the Government of India after the President. The Vice President also has the legislative functions of acting as the chairman of the Rajya Sabha. 

  • The current Vice President of India is Muppavarapu Venkaiah Naidu who was elected on 2017. 

  • Article 63 of the Constitution of India provides for a Vice President: “There shall be a Vice President of India”. While the Indian vice president could be elected for any number of terms, the constitution requires that the vice president must be a citizen of India. The qualifications of Vice President are the same as those of the president.

  •  The Vice President acts as President in the event of the death, resignation, or removal of the President until a new President is chosen by the Electoral College.

  •  The vice president may also act temporally as President during the absence or illness of the President.

  •  Emoluments: The Constitution has not fixed any emoluments for the Vice President in that capacity. He draws his regular salary in the capacity as the Ex-officer Chairman of the Rajya Sabha. 


Election of Vice President (Article -  66)


  • The Vice President is elected by an electoral college consisting of all members of the Lok Sabha and Rajya Sabha (including nominated one) through proportional representation of means of a single transferable vote. This is intended to ensure that he enjoys the confidence of both the Houses of Parliament. 

  • The eligibility conditions for the election of Vice President are same as that of the President except that the Vice President must be qualified for election as a member of the Rajya Sabha. 

  • The election to the vacancy of the office of the Vice-President occurring due to the death, resignation, or removal is held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy is entitled to hold office for the full term of five years from the date on which he enters upon his office. However, generally the election to the vacancy of the office of the Vice President is completed before the expiry of his term. Regarding vacancy there is no such mandatory provision to hold election with the six months like in the case of the President. 

The Parliament has the power to regulate matters relating to the election of the Vice President; however at all the doubts and disputes arising out or in connection with the election of the Vice President, are decided by the Supreme Court whose decision is his final decision.


Vice President’s Removal


  • The Vice President can be removed from his office by a resolution of the Council of States (the Rajya Sabha) passed by a majority of all the then members of the Council of States and agreed to by the house of people (the Lok Sabha). Regarding Vice President’s removal, there is no formal impeachment. 

  • Removal of the Vice President of India requires an effective majority for passage of such a resolution to this effect [Article 67(b).] The effective majority is determined by the total strength of the House minus the number of vacancies. 

  • The Vice President may resign his office by writing under his hand to the president.
Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more