Which of the following statements about the Vice President of India is INCORRECT?

This question was previously asked in
SSC CGL 2022 Tier-I Official Paper (Held On : 02 Dec 2022 Shift 2)
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  1. Members of State legislatures do not take part in his elections.
  2. He acts as the ex-officio Chairman of the Rajya Sabha.
  3. The Vice President is elected for five years.
  4. He can be removed from his office by the President approved through a resolution passed by the Lok Sabha and Rajya Sabha.

Answer (Detailed Solution Below)

Option 4 : He can be removed from his office by the President approved through a resolution passed by the Lok Sabha and Rajya Sabha.
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Detailed Solution

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The correct answer is Option 4.

Key Points

  • The Vice-President holds office for a term of five years from the date on which he enters his office. Hence statement 3 is correct.
  • However, he can resign from his office at any time by addressing the resignation letter to the President.
  • He can also be removed from office before the completion of his term.
  • A formal impeachment is not required for his removal.
  • He can be removed by a resolution passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha. Hence statement 4 is incorrect.
  • This means that this resolution should be passed in the Rajya Sabha by an effective majority and in the Lok Sabha by a simple majority.
  • It must be noted here that the effective majority in India is only a type of special majority and not a separate one.
  • Further, this resolution can be introduced only in the Rajya Sabha and not in the Lok Sabha.
  • But, no such resolution can be moved unless at least 14 days advance notice has been given.
  • Notably, no ground has been mentioned in the Constitution for his removal.
  • The Vice-President can hold office beyond his term of five years until his successor assumes charge.
  •  Members of the State legislature do not take part in his elections. Hence statement 1 is correct.
  • He is also eligible for re-election to that office.
  • He may be elected for any number of terms.

Additional Information

  • Important articles of Vice President:
    • ARTICLE 63: There shall be a Vice-President of India.
    • ARTICLE 64: The Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other office of profit. Hence statement 2 is correct.
    • ARTICLE 65: The Vice-President shall act as President in the event of the occurrence of any vacancy in the office of the President by reason of this death, resignation or removal, or otherwise.
    • ARTICLE 66: Election of Vice President.
    • ARTICLE 93: There will Lok Sabha speaker and deputy speaker of the house.
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