Introduction
The Vice-President of India is the second highest constitutional office in the country after the President. The office of the Vice-President is provided in the Constitution of India under Articles 63 to 71.
The Vice-President performs two important roles:
- He acts as the ex-officio Chairman of the Rajya Sabha (Council of States).
- He acts as the President of India in case of vacancy or absence of the President.
The office of the Vice-President ensures continuity in the functioning of the executive branch of the government.
The position of the Vice-President is modeled partly on the Vice-President of the United States, but the Indian Vice-President has a different role because he functions primarily as the presiding officer of the Rajya Sabha.
Constitutional Provisions
The Constitution contains several articles dealing with the Vice-President.
| Article | Subject |
| Article 63 | Vice-President of India |
| Article 64 | Vice-President as ex-officio Chairman of Rajya Sabha |
| Article 65 | Vice-President acting as President |
| Article 66 | Election of Vice-President |
| Article 67 | Term of office |
| Article 68 | Time of election to fill vacancy |
| Article 69 | Oath or affirmation |
| Article 70 | Discharge of President’s functions in other contingencies |
| Article 71 | Matters relating to election disputes |
Election of the Vice-President (Article 66)
The Vice-President is elected by an electoral college consisting of members of both Houses of Parliament.
The electoral college includes:
- elected members of Lok Sabha
- nominated members of Lok Sabha
- elected members of Rajya Sabha
- nominated members of Rajya Sabha.
Unlike the election of the President, state legislative assemblies do not participate in the election of the Vice-President.
Method of Election
The Vice-President is elected by:
- Proportional Representation System
- Single Transferable Vote
- Secret ballot.
Each member of Parliament casts a vote according to their preference.
Qualifications for Vice-President
According to the Constitution, a person must fulfill certain qualifications to become the Vice-President.
The candidate must:
- be a citizen of India
- have completed 35 years of age
- be qualified to be elected as a member of the Rajya Sabha
- not hold any office of profit under the Government of India or any state government.
However, the following offices are not considered offices of profit:
- President
- Vice-President
- Governor
- Minister of the Union or state.
Nomination of Candidates
A candidate for the Vice-Presidential election must have:
- at least 20 proposers, and
- at least 20 seconders.
The candidate must also deposit a security amount as prescribed by election laws.
Term of Office (Article 67)
The Vice-President holds office for a term of five years from the date on which he enters office.
However, the Vice-President continues to hold office until the successor assumes charge.
The Vice-President may be re-elected for any number of terms.
Resignation
The Vice-President may resign from office by submitting a written resignation to the President of India.
Removal of the Vice-President
The Vice-President may be removed from office before the completion of the term.
The procedure for removal is different from the impeachment of the President.
The Vice-President can be removed by:
- a resolution passed by the Rajya Sabha, and
- agreed to by the Lok Sabha.
The resolution must be passed by a majority of all the members of the Rajya Sabha.
At least 14 days’ notice must be given before moving the resolution.
Oath or Affirmation (Article 69)
Before entering office, the Vice-President takes an oath administered by the President of India.
In the oath, the Vice-President pledges to:
- uphold the Constitution of India
- faithfully perform the duties of the office.
Role as Chairman of Rajya Sabha (Article 64)
The Vice-President acts as the ex-officio Chairman of the Rajya Sabha.
In this capacity, the Vice-President presides over the proceedings of the Rajya Sabha.
Powers as Chairman of Rajya Sabha
The Vice-President performs several functions as the presiding officer of the Rajya Sabha.
These include:
- maintaining order and discipline in the House
- deciding points of order
- allowing members to speak during debates
- announcing the results of voting.
Unlike the Speaker of the Lok Sabha, the Chairman of Rajya Sabha does not vote in the first instance.
However, he can exercise a casting vote in case of a tie.
Acting as President (Article 65)
The Vice-President acts as the President of India in certain situations.
These situations include:
- death of the President
- resignation of the President
- removal of the President
- absence or illness of the President.
In such circumstances, the Vice-President performs the duties of the President until a new President is elected.
During this period, the Vice-President enjoys all the powers and privileges of the President.
Election to Fill Vacancy (Article 68)
If the office of the Vice-President becomes vacant due to death, resignation, or removal, a new Vice-President must be elected as soon as possible.
The newly elected Vice-President serves a full five-year term from the date of assumption of office.
Disputes Regarding Election (Article 71)
Any dispute related to the election of the Vice-President is decided by the Supreme Court of India.
The decision of the Supreme Court in such matters is final.
Salary and Allowances
The Vice-President does not receive a salary for the office of Vice-President itself.
However, he receives a salary as the Chairman of the Rajya Sabha.
The salary and allowances are determined by Parliament.
Importance of the Office of Vice-President
The Vice-President plays an important role in the functioning of the constitutional system.
The office ensures:
- continuity in the executive branch of government
- effective functioning of the Rajya Sabha
- stability in constitutional governance.
The Vice-President also contributes to maintaining parliamentary procedures and legislative discipline.
Conclusion
The Vice-President of India occupies a unique position in the constitutional framework. While the office does not exercise executive powers directly, it plays an essential role in maintaining the continuity of governance and the functioning of Parliament.
By acting as the Chairman of the Rajya Sabha and serving as the acting President when necessary, the Vice-President contributes to the stability and efficiency of India’s constitutional system.