Part V

The Union

The part V of Indian constitution describes the role and power of President, vice President, Parliament, Legislative power of President, The Union Judiciary, comptroller and auditor general of India. Let’s read in brief.

Chapter 1

The Executive

The Vice President of India:

The Vice president of India [A-63]: This article of Indian constitution said that that there shall be a Vice-President of India.

Functions of the Vice President of India:

a. The vice president of India to be ex officio Chairman of the Council [A-64]: This article defines that the Vice President shall be ex office Chairman of the council of states and shall not hold any other office of profit.

  1. Under this article, during any period when the vice president acts as President under article 65, he shall not accomplish the duties of chairman of the council of states.

b. The Vice president of India Act as a president: [A-65]: This article said that In the event of happening  of any vacancy in the Presidents’ office by cause of his death, resignation or removal. In this situation, vice president shall act as a president until the date of president selection.

c. Election of Vice-President [A-66]: Under this, the vice president of India shall be elected by the members of both houses of parliament by the mean of the single transferrable vote by secret ballot.

  1. Conditions of vice President Office: Under this, the vice president shall not be member of either house of parliament or of a house of the legislature of any state. If he is a member of either houses of parliament or legislature, he shall be appraised to have evacuated his seat on the date on which he joined his office as vice president.
  2. Eligibility: Under this, the qualification for election as vice president of India should be :
  • He must be Citizen of India.
  • He has completed the age of thirty five year.
  • He must be qualified for election as member of the council of states.

Note: A person shall not be qualified if he/she hold s any office of profit under Indian government or any other govt. of state

d. Term of office of the vice president [A-67]: This article said that the vice president shall hold the office for a five year it provided that :

  1. The vice president of India may resign his office by writing under his hand, addressed to president of India.
  2. Also the president may be removed from office by the majority members of the council of states.

e. Article 68 of Indian constitution under Part V describes “time for holding election to fill vacancy in the office of Vice President and term of office of person elected to fill casual vacancy”.

f. Article 69 describes Council oath and affirmation by the vice president.

g. Article 70 describes discharge of president’s functions in other contingencies.

h. Article 71 describes matter related to the election of president or vice president.

I. Article 72 describes power of president to grant pardons to suspend sentences in certain cases.

j. Article 73 describes the executive power of union.

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