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VP - PM - Com - Notes - English - 59 - 16 Polity Kirti

The document outlines the roles, qualifications, and functions of the Vice President and Prime Minister of India as per the Constitution. It details the election process, term of office, and removal procedures for the Vice President, as well as the appointment, powers, and responsibilities of the Prime Minister. Additionally, it describes the structure of the Council of Ministers and their accountability to the Lok Sabha and the President.
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0% found this document useful (0 votes)
14 views3 pages

VP - PM - Com - Notes - English - 59 - 16 Polity Kirti

The document outlines the roles, qualifications, and functions of the Vice President and Prime Minister of India as per the Constitution. It details the election process, term of office, and removal procedures for the Vice President, as well as the appointment, powers, and responsibilities of the Prime Minister. Additionally, it describes the structure of the Council of Ministers and their accountability to the Lok Sabha and the President.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Vice President, Prime Minister & Council of Ministers

• Article 63 of the constitution mentions the post of Vice President of India.


Election of Vice President
• Article 66 deals with the election of vice president.
• He is elected by the electoral college which includes all the members of both houses of
parliament.
• The election process is ‘proportional representation’ using a single transferable vote.
• Unlike the President election, here both elected and nominated members of parliament
participate.
• All the disputes related to the election of VP are settled by Supreme Court as per Article
70.
• His election is done in secret ballot.
Qualifications
He should be:
• Citizen of India.
• Have completed 35 years of age.
• Qualified to be a member of Rajya Sabha.
• Not hold the office of profit.
Term of office – (Article 67)
• The term of vice president is five years from the date on which he enters upon the office.
Vacancy in Office – (Article 68)
• The office of the vice president became vacant in the following cases:
▪ At his death
▪ On his resign
▪ On expiry of his tenure
▪ On his removal
▪ When his election is declared void
Removal of Vice President
• Vice president can be removed by a resolution of Rajya Sabha passing with absolute
majority and then passing of resolution by Lok Sabha.
Powers and Functions
• He acts as the ex-officio chairman of Rajya Sabha as per Article 64.
• He acts as president when office of president is vacant (in case of resignation, removal,
death or absence due to illness of president) under Article 65.
• He can resign at any time by addressing resignation to president.
Important facts about Vice President
• Vice president can act as president for a maximum period of 6 months.
• Article 63-71 deals with Vice President of India under constitution.
• Vice president can be re-elected.
• S Radhakrishnan and Mohammad Hamid Ansari are two vice presidents who have served
twice.
• When he performs the duty of President, the deputy chairman of Rajya Sabha performs
the duty of Chairman of Rajya Sabha.
• Vice President is not entitled to any emoluments for post of Vice President instead he
gets regular salary for ex officio chairman of Rajya Sabha.
Prime minister
• Article 75 of constitution deals with the appointment of Prime Minister
• Prime minster of India is appointed by President of India.
• Generally president appoints leader of majority party in the Lok Sabha as the Prime
Minister.

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• But when no party gets the majority, the president may apply his discretion to appoint
Prime Minister.
Qualification for Prime Minister
He/She should be
• A citizen of India.
• A member of either Rajya Sabha or Lok Sabha
• He should have completed his 30 years if he is a member of the Rajya Sabha or can be
25 years of age if he is a member of the Lok Sabha
Tenure
• Prime Minister does not have fix tenure. He works on pleasure of president.
• The salary and allowances of Prime Minister is determined by Parliament.
Powers and Functions
• He recommends president for appointment of ministers.
• His resignation brings collapse of council of ministers.
• He asks any minister to resign or advice president to dismiss him if required.
• He allocates and reshuffles portfolios of ministers.
• Under Article 78 he acts as principal channel of communication between President and
council of ministers.
• He advises the president regarding appointment of Attorney General of India, Comptroller
and Auditor General of India, Chairman and Members of UPSC and Election Commission
etc.
• He advises the president regarding summon and prorogue of parliament.
• He recommends dissolution of the Lok Sabha to president.
• No minister can function as Prime minister if a prime minister resigns or dies, in this case
the council of minister is automatically gets dissolved and a vacuum is generated.
Important Facts
• Jawahar Lal Nehru was the longest serving prime minster.
• Indira Gandhi was the first and only female prime minister of country.
• Morarji Desai was the first non congress prime minister.
• Rajiv Gandhi was the youngest prime minister.
• HD Deve Gowda was the first prime minister selected from Rajya Sabha.
• Atal Bihari Vajpayee was the first non congress prime minister who ruled for full tenure
of five years.
Council of Ministers
• Article 74- deals with council of ministers to aid and advice president
• Article 75- deals with other provisions as to ministers
• It consists of three categories-
1. Cabinet Ministers- they are members of cabinet and plays important role in forming
policies.
2. Ministers of State- he can be given either independent charge or works under cabinet
minister, they do not attend cabinet meetings unless specially invited.
3. Deputy Ministers-They are attached to the cabinet ministers or minister of state to
work. They also do not attend cabinet meetings.
Note:
• Cabinet word is inserted in constitution by 44th constitutional amendment act, 1978
• Under Article 75 ministers are collectively responsible to Lok Sabha and individually
responsible to president.

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