CONSTITUTIONAL PPROVISIONS

The Vice- 63. There shall be a Vice-President of India. President of India.

The Vice- 64. The Vice-President shall be ex officio Chairman President of the Council of States and shall not hold any other to be office of ex officio profit: Chairman of Provided that during any period when the the Vice-President acts as President or discharges the Council of functions of the President under Article 65, he shall not States. perform the duties of the office of Chairman of the Council

5 of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97. 65. (1) In the event of the occurrence of any vacancy The Vice- in the office of the President by reason of his death, President to act resignation or removal, or otherwise, the Vice-President as President or to discharge shall act as President until the date on which a new his functions President elected in accordance with the provisions of during casual this Chapter to fill such vacancy enters upon his office. vacancies in the office or (2) When the President is unable to discharge his during the functions owing to absence, illness or any other cause, absence of the Vice-President shall discharge his functions until the President. date on which the President resumes his duties. (3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President, have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. 66. (1) The Vice-President shall be elected by the of members of an electoral college consisting of the Vice-President members of both Houses of Parliament in accordance with the system of proportional representation by means of the and the at such election shall be by secret ballot. (2) The Vice-President shall not be a member of either House of Parliament or of a House of the of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President. (3) No person shall be eligible for election as Vice- President unless he— 6

(a) is a citizen of India; (b) has completed the age of thirty-five years; and (c) is qualified for election as a member of the Council of States. (4) A person shall not be eligible for election as Vice-President if he holds any office of profit under the of India or the Government of any State or under any local or other authority subject to the control of any of the said . Explanation.—For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the of any State or is a Minister either for the Union or for any State. Term of office 67. The Vice-President shall hold office for a term of Vice- of five years from the date on which he enters upon his President. office: Provided that— (a) a Vice-President may, by writing under his hand addressed to the President, resign his office; (b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution; (c) a Vice-President shall, notwithstanding the expiration of his term continue to hold office until his successor enters upon his office. 7

68. (1) An election to fill a vacancy caused by the Time of holding expiration of the term of office of Vice-President shall be election to fill vacancy in the completed before the expiration of the term. office of Vice- (2) An election to fill a vacancy in the office of Vice- President and the term of President occurring by reason of his death, resignation office of person or removal, or otherwise shall be held as soon as possible elected to fill after the occurrence of the vacancy; and the person casual vacancy. 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. * * * * 71. (1) All doubts and disputes arising out of or in Matters relating connection with the election of a President or Vice- to, or connected with, the election President shall be inquired into and decided by the of a President or Supreme Court whose decision shall be final. Vice-President. (2) If the election of a person as President or Vice- President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice- President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration. (3) Subject to the provisions of this Constitution, Parliament; may by law regulate any matter relating to or connected with the election of a President or Vice- President. (4) The election of a person as President or Vice- President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him. * * * *