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Difficulty: HardUnion Executive: President, Vice-President, PM, and Council of Ministers

Consider the following statements regarding the Vice-President of India and the Union Executive:

1. Unlike the election of the President of India, nominated members of both Houses of Parliament are entitled to vote in the election of the Vice-President.
2. A formal resolution seeking the removal of the Vice-President from office may be initiated in either House of Parliament, provided a 14-day advance notice has been given.
3. During any period when the Vice-President acts as President or discharges the functions of the President, the Vice-President does not perform the duties of the office of Chairman of the Council of States (Rajya Sabha).

Which of the statements given above are correct?

  1. A
    1 and 2 only
  2. B
    2 and 3 only
  3. 1 and 3 onlyAnswer
  4. D
    1, 2 and 3

Answer

Statements 1 and 3 are correct.
Statement 1 is correct because Article 66(1) includes nominated members of Parliament in the Vice-Presidential electoral college. Statement 3 is correct because under Article 65 and Article 97, when the Vice-President acts as President, the duties of the Chairman of the Rajya Sabha are suspended for that individual. Statement 2 is incorrect because the removal resolution can originate only in the Rajya Sabha.

Step-by-Step Solution

1
Evaluate statement 1 regarding the composition of the electoral college for the Vice-President.
Statement 1 is correct.
Under Article 66(1) of the Constitution of India, the Vice-President is elected by members of an electoral college consisting of the members of both Houses of Parliament (including both elected and nominated members). In contrast, under Article 54, nominated members of Parliament cannot vote in the Presidential election.
2
Evaluate statement 2 regarding the removal procedure for the Vice-President.
Statement 2 is incorrect.
Under Article 67(b), a resolution to remove the Vice-President can only be initiated in the Council of States (Rajya Sabha), passed by an effective majority (majority of all the then members), and agreed to by the House of the People (Lok Sabha). It cannot be initiated in the Lok Sabha.
3
Evaluate statement 3 regarding executive duties when acting as President.
Statement 3 is correct.
Under Article 65(1) read with Article 97, while the Vice-President acts as President or discharges the functions of the President, he/she does not perform the duties of the office of Chairman of the Council of States and is not entitled to salary/allowances attached to the Chairman's post.

Key Concept

Constitutional election, removal procedure, and executive role of the Vice-President of India.
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Topics

Union Executive: President, Vice-President, PM, and Council of Ministers

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