Vice-President of India

The Vice-President of India holds the second-highest constitutional office in the country, ranking just below the President. This office is established by Article 63 of the Constitution of India, 1950, and is fundamental to the smooth functioning of the Indian democratic system. 

The Vice-President serves as the ex-officio Chairman of the Council of States (Rajya Sabha) and is empowered to act as President when the latter’s office is vacant or the President is unable to discharge their duties.

Constitutional Provisions Related to the Vice-President

The office of the Vice-President of India is constitutionally entrenched mainly in the following Articles:

• Article 63: Establishes the office of the Vice-President.
• Article 64: Designates the Vice-President as the ex-officio Chairman of the Rajya Sabha and prohibits holding any other office of profit.
• Article 65: Defines the circumstances under which the Vice-President acts as the President.
• Article 66: Specifies the qualifications, manner of election, and term of office.
• Article 67: Provides for the term of office, resignation, and removal of the Vice-President.
• Article 69: Requires the Vice-President to take an oath or affirmation before entering office.
• Article 97: Relates to the salary and allowances of the Chairman of the Rajya Sabha.

These provisions form the backbone of the Vice-President’s role, responsibilities, and limitations.

Election of the Vice-President

The Vice-President is elected through an indirect electoral process by an Electoral College, as stipulated in Article 66 of the Constitution. The Electoral College consists of:

• Elected members of the Rajya Sabha (Council of States).
• Nominated members of the Rajya Sabha.
• Elected members of the Lok Sabha (House of the People).

Notably, nominated members of the Lok Sabha are excluded from this process.

The election follows the system of proportional representation by means of a single transferable vote. This method ensures that votes are allocated in a way that fairly reflects the strength of political parties in the Parliament.

Voting is conducted by secret ballot; proxy voting is not permitted, ensuring the privacy and independence of the electors. The Presidential and Vice-Presidential Elections Act, 1952, provides detailed procedural guidelines, including provisions for handling disputes, which are exclusively adjudicated by the Supreme Court.

Qualifications for the Office of Vice-President

Article 66(3) sets out the qualifications a candidate must possess to be eligible for the office of Vice-President:

1. The candidate must be a citizen of India.
2. They must have completed thirty-five years of age.
3. They must be qualified for election as a member of the Rajya Sabha.
4. They must not hold any office of profit under the Union government, any State government, local authority, or any other public authority.

These criteria ensure that the Vice-President is a person of experience, maturity, and integrity, free from conflicts of interest.

Additionally, candidates are required to deposit a security amount of ₹15,000 with the Reserve Bank of India when filing their nomination papers. This amount is forfeited if the candidate withdraws after the deadline, discouraging frivolous candidatures.

Oath or Affirmation

Before entering office, the Vice-President is required, under Article 69, to make and subscribe an oath or affirmation before the President or a person appointed by the President. The oath emphasises the Vice-President’s commitment to:

• Bear true faith and allegiance to the Constitution of India.
• Uphold the sovereignty and integrity of India.
• Faithfully discharge the duties of the office.

This solemn declaration binds the Vice-President to perform their constitutional duties with utmost sincerity and dedication.

Term of Office and Continuity

The Vice-President holds office for a term of five years, commencing from the date on which they assume office, as per Article 67. However, the Constitution provides for continuity in office beyond the expiry of the term until the successor enters office. This prevents any constitutional vacuum.

In the event the office becomes vacant due to resignation, death, removal, or any other reason, a new election must be held before the end of the term to fill the vacancy. The newly elected Vice-President serves a fresh term of five years upon assumption of office.

Resignation and Removal

The Vice-President has the right to resign their office at any time by submitting a written resignation addressed to the President (Article 67).

Regarding removal, Article 67 also prescribes a stringent procedure:

• The Rajya Sabha must pass a resolution for removal by a majority of all its then members.
• At least fourteen days’ notice must be given before moving such a resolution.
• The Lok Sabha must agree to the resolution for it to take effect.

This two-stage parliamentary procedure ensures that removal is neither arbitrary nor politically motivated, maintaining the dignity of the office.

Ex-Officio Chairman of the Rajya Sabha

One of the key constitutional roles of the Vice-President is serving as the Chairman of the Rajya Sabha (Council of States), as stated in Article 64.

As Chairman, the Vice-President:

• Presides over the sessions of the Rajya Sabha.
• Maintains order and decorum in the house.
• Decides points of order and questions of admissibility.
• Exercises a casting vote in case of a tie.

However, during the period when the Vice-President acts as President under Article 65, they cannot discharge the duties of the Chairman of the Rajya Sabha. During such time, they are not entitled to any salary or allowance payable to the Chairman as per Article 97.

The office of Chairman places the Vice-President at the heart of India’s legislative process, ensuring the smooth functioning of the upper house.

Acting as President

Article 65 governs the Vice-President’s role in relation to the President’s office.

The Vice-President acts as President under two main circumstances:

1. Casual Vacancy: When the office of the President falls vacant due to death, resignation, removal, or otherwise, the Vice-President acts as President until the newly elected President assumes office. The Constitution envisages this period to be a maximum of six months.
2. Incapacity or Absence: If the President is unable to discharge the functions of office due to absence, illness, or any other cause, the Vice-President performs the President’s duties until the President resumes office.

While acting as President, the Vice-President enjoys all the powers, immunities, emoluments, and privileges of the President, as specified by Parliament or, until otherwise provided, as listed in the Second Schedule to the Constitution.

This provision ensures there is no constitutional void at the highest level of the executive.

Powers and Functions of the Vice-President

Unlike the President, the Vice-President’s role is largely ceremonial with limited executive functions. The primary responsibilities include:

• Presiding over the Rajya Sabha and maintaining its orderly conduct.
• Casting vote in the Rajya Sabha during deadlock.
• Acting as the President when the need arises.
• Representing India on ceremonial occasions or diplomatic visits when delegated.

The Vice-President does not hold any executive office or portfolio and does not form part of the Council of Ministers.

Salary and Allowances

The salary and allowances of the Vice-President are determined by the Parliament and are paid from the Consolidated Fund of India. When acting as President, the Vice-President is entitled to the emoluments, allowances and privileges of the President.

The officeholder is also entitled to a pension after retirement, reflecting the dignity of the position.

Conclusion

The Vice-President of India, while often perceived as a ceremonial position, plays a pivotal role in maintaining the constitutional balance and continuity of governance. As Chairman of the Rajya Sabha, the Vice-President ensures the proper conduct of the upper house’s legislative functions. 

Furthermore, the Vice-President’s constitutional duty to act as President when necessary safeguards the highest office from any vacancy or incapacity, preserving the integrity of India’s democratic system.

In sum, the Vice-President stands as a constitutional sentinel, upholding parliamentary democracy, facilitating smooth transitions in the executive, and symbolising the unity and sovereignty of the Republic of India.