The Vice-President's Pension Act, 1997

Summary of the Vice President's Pension Act, 1997
Key Provisions:
1. Pension for Retiring Vice-Presidents
• Rate: 50% of the Vice-President's salary per month for life.
• Exclusion: Not payable if the person holds another office (Prime Minister, Minister, Member of Parliament) with salary/allowances from the Consolidated Fund of India or a State.
2. Family Pension
• Eligibility: Spouse of a Vice-President who dies in office or after ceasing to hold office.
• Rate: 50% of the pension admissible to a retiring Vice-President, for the spouse's life.
3. Other Benefits for Retiring Vice-Presidents
• Furnished Residence: Use without rent, as determined by the Central Government.
• Telephone Facilities: Similar to those of a Member of Parliament.
• Secretarial Staff & Office Expenses: Private Secretary, Additional Private Secretary, Personal Assistant, two Peons, and office expenses up to ₹90,000 per annum.
• Medical Facilities: Same as for a retired President, for self, spouse, and minor children.
• Travel Facilities: Highest class by air, rail, or steamer, accompanied by spouse, companion, or relative.
4. Special Conditions
• Re-election as Vice-President or Election as President: Not eligible for benefits under this Act for the tenure.
• Medical Facilities for Spouse of Deceased Vice-President: Free medical attendance and treatment for life if the Vice-President died in office.
• Free Accommodation for Spouse: Furnished residence (including maintenance) without payment of licence fee for the spouse's life, if the Vice-President died in or after office.
5. Financial Provision
• Pension Charged On: Consolidated Fund of India.
6. Administrative Provisions
• Power to Make Rules: By the Central Government, to be laid before Parliament.
• Power to Remove Difficulties: By the Central Government, for a period not exceeding two years from the Act's commencement.

Legislative History:

The Vice-President's Pension Act, 1997

Short Title The Vice-President's Pension Act, 1997

Act Number / Year 30 of 1997

Act ID (India Code) 199730

Presidential Assent / Enactment Date May 28, 1997

Enforcement Date May 28, 1997

Nodal Ministry Ministry of Home Affairs

Precedent & Statutory Rationale

• Absence of Dedicated Statutory Benefits for the Vice-President:

o Prior to 1997, while statutory schemes existed for former Presidents under the President's Emoluments and Pension Act, 1951, there was no separate, standalone legislation governing post-retirement pensions, medical care, or administrative support tailored for demitting Vice-Presidents.

o Former Vice-Presidents had to rely on general provisions or parliamentary pensions if they had previously served as Members of Parliament, creating a disparity relative to the high constitutional dignity of the office.

• Legislative Intervention and Regularization:

o Enacted in the 48th Year of the Republic of India, the 1997 Act established a statutory guarantee of post-retirement security and dignified living arrangements for individuals demitting the office of Vice-President.

o The core objectives include granting a monthly life pension (set at 50% of the Vice-President's current salary), rent-free furnished housing, secretarial assistance, medical cover, free travel allowances across India, and charging all associated expenses directly to the Consolidated Fund of India.

Parliamentary Trajectory & Enactment

• Formulation: Conceptualized and drafted by the Ministry of Home Affairs to institute institutionalized statutory welfare protections for the second-highest constitutional dignitary of India.

• Parliamentary Passage: Introduced in Parliament, considered, and passed by both the Lok Sabha and Rajya Sabha during the budget session of 1997, receiving formal presidential assent on May 28, 1997.

• Enforcement: Enforced on May 28, 1997.

• Source: India Code, Ministry of Home Affairs Official Records, and Parliament of India Records.