Actual Article
Article 67: Term of office of Vice-President
The Vice-President shall hold office for a term of five years from the date on which he enters upon his 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;
c. a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
UPSC Notes for Article 67
Explanation:
- Term of Office: The Vice-President holds office for a fixed term of five years from the date of assuming office.
- Resignation: The Vice-President can resign by writing to the President.
- Removal: The Vice-President can be removed by a resolution passed by a majority of the Rajya Sabha (Council of States) and agreed to by the Lok Sabha (House of the People).
- Continuation in Office: Even after the completion of the five-year term, the Vice-President continues to hold office until a successor assumes the position.
Key Points:
- Fixed Term: Ensures stability and continuity in the office of the Vice-President.
- Resignation and Removal: Provides mechanisms for voluntary resignation and removal through a parliamentary process, maintaining checks and balances.
- Succession: Ensures that there is no vacancy in the office, with the incumbent continuing until the successor is in place.
Important Cases and Commissions Related to Article 67
Cases:
- Bhim Singh vs. Election Commission of India (1996): Highlighted issues related to the election and term of constitutional offices, indirectly emphasizing the importance of procedural adherence in the context of the Vice-President.
- U.N.R. Rao vs. Indira Gandhi (1971): Discussed the constitutional provisions related to the term and removal of high-ranking officials, including the Vice-President.
Commissions:
- National Commission to Review the Working of the Constitution (2000): Reviewed the term and removal provisions of constitutional offices to ensure clarity and effectiveness.
- Law Commission of India Reports: Addressed the legal aspects of tenure, resignation, and removal of the Vice-President to suggest improvements in legislative provisions.
Important Reports Related to Article 67
- Election Commission Reports: Provided insights into the election, term, and continuity of the Vice-President’s office, ensuring adherence to constitutional norms.
- Parliamentary Committee Reports: Examined the procedures for resignation and removal, recommending measures for transparency and efficiency.
Previous Year Prelims Questions Related to Article 67
- (UPSC Prelims 2016) The term of office of the Vice-President of India is:
- A. Three years
- B. Four years
- C. Five years
- D. Six years
Correct Answer: C. Five years
- (UPSC Prelims 2018) Who among the following can remove the Vice-President of India from office?
- A. The President
- B. The Prime Minister
- C. Parliament
- D. The Chief Justice of India
Correct Answer: C. Parliament
Previous Year Mains Questions Related to Article 67
- Mains 2015: “Discuss the provisions related to the term of office, resignation, and removal of the Vice-President of India as per Article 67 of the Indian Constitution. How do these provisions ensure stability and accountability in the office of the Vice-President?”
- Mains 2019: “Analyze the role and importance of Article 67 in maintaining the continuity and functionality of the Vice-President’s office. How does the provision for removal by a parliamentary resolution reflect the checks and balances in the Indian political system?”
Additional Insights:
- Term Stability: The five-year term provides the Vice-President with a stable tenure, allowing them to perform their duties without frequent disruptions.
- Checks and Balances: The provision for removal through a resolution passed by the Rajya Sabha and agreed to by the Lok Sabha ensures that the Vice-President can be held accountable, maintaining a balance of power.
- Constitutional Continuity: The continuation clause ensures that there is no gap in the office of the Vice-President, which is critical for the smooth functioning of both the executive and legislative branches.
Understanding Article 67 is crucial for UPSC aspirants as it details the term, resignation, and removal processes for the Vice-President of India. This knowledge is essential for both preliminary and main examinations, providing insights into the stability, accountability, and continuity mechanisms within the Indian constitutional framework.