Role and Powers of the Vice-President of India

Introduction

The office of the Vice-President of India holds a crucial position in the country’s political system, serving as the second-highest constitutional office and ranked second in the table of precedence. While primarily tasked with presiding over the Rajya Sabha, the Vice-President plays a key role in maintaining the continuity of the Indian State and ensuring the smooth functioning of the legislative process. The office is modelled on the lines of the American Vice-President.

Election Process and Electoral College for the Vice-President of India

• As per Article 63, There shall be a Vice-President of India.
• Elected indirectly by the people of India.
• Electoral College: It consists of members of both houses of Parliament:
  • It consists of both elected and nominated members of the Parliament (in the case of the president, only elected members). [UPSC 2013]
  • It does not include the members of the state legislative assemblies (in the case of the President, the elected members of the state legislative assemblies are included).
• Method: System of proportional representation by means of the single transferable vote and the voting is by secret ballot.
• Doubts and Disputes: Inquired into and final decision by the Supreme Court. 
  • If the election of a person as Vice President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated. 
• The election of a person as Vice-President cannot be challenged on the grounds that the Electoral College was incomplete.
• Note: Four Vice Presidents have been elected unopposed so far.

Qualifications Required to Stand for Vice-President of India

• Citizen of India.
• Completed 35 years of age.
• Qualified for election as a member of the Rajya Sabha.
• Should not hold any office of profit.
• Note: A sitting President or Vice-President of the Union, the Governor of any state and a minister for the Union or any state is not deemed to hold any office of profit and hence qualified for being a candidate for Vice-President.
• The term office of profit is not well defined in the constitution. [UPSC 2020]

Nomination Process and Oath for Vice-President of India

• At least 20 electors as proposers and 20 electors as seconders.
• A security deposit of Rs. 15,000 in the RBI.

Oath (Article 69): Oath Administered by the President or some person appointed on that behalf by him.

Conditions of Office for the Vice-President of India

• Not a member of either house of Parliament or a House of the state legislature. If any such person is elected Vice-President, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.
• Not hold any other office of profit.

Emoluments, Allowances and Privileges

• The Constitution has not fixed any emoluments for the Vice-President in that capacity.
• He draws his regular salary in his capacity as the ex-officio Chairman of the Rajya Sabha.

Term of Vice President’s Office (Article 67)

• Term: 5 years from the date o n which he/she enters upon his/ her office.
• Resignation to President.
• Hold office beyond his term until his successor assumes charge.
• Eligible for re-election for any no. of times.

Removal Process of the Vice-President of India

• No Impeachment: A formal impeachment is not required, and can be removed from the office before completion of his term.
• Introduction of Resolutions: Resolutions can be introduced only in the Rajya Sabha and not in the Lok Sabha.
  • Effective Majority: Resolution of Rajya Sabha passed by an effective majority and agreed by Lok Sabha by a simple majority.
  • Note: It means more than 50% of the effective strength of the house. Effective Strength = Total Strength – Vacancies.
• Advance Notice: No such resolution can be moved unless at least 14 days advance notice has been given.
• Lack of Specified Grounds for Removal: No ground has been mentioned in the Constitution for his removal.

Vacancy and Term Duration of the Vice-President of India

• By the Expiration of the Term: An election to fill the vacancy must be held before the expiration of the term.
• Other Reasons: On the expiry of his tenure of five years; By his resignation; On his removal; By his death; when he/she becomes disqualified to hold office or when his/her election is declared void.
• On resignation, removal, death, or otherwise, the election to fill the vacancy should be held as soon as possible after the occurrence of the vacancy.
• Term Duration: The newly-elected Vice-President remains in office for a full term of five years from the date he assumes the charge of his office.

Powers of the Vice-President of India

• Acts as Ex-Officio Chairman of Rajya Sabha (Article 64)
  • His power is similar to the speaker.
  • He resembles the American Vice President who also acts as chairman of the upper house of the American legislature called the Senate.
• Acts as President (Article 65)
  • When there is a vacancy in the president’s office due to death/removal.
  • Only for a maximum period of six months within which a new President has to be elected.
  • When the sitting President is unable to discharge his functions due to absence, illness or any other cause, the Vice-President discharges his functions until the President resumes his office.
  • During this time VP does not perform the duties of the office of the Chairman of Rajya Sabha. Those duties are performed by the Deputy Chairman of Rajya Sabha.

Comparison Between the Indian and American Vice-Presidents

• The Constitution has not assigned any significant function to the Vice-President in that capacity. Hence, some scholars call His Superfluous Highness. 
  • This office was created with a view to maintain the political continuity of the Indian State.
• The office of the Indian Vice-President is modelled on the lines of the American Vice-President, but there is a difference:

Conclusion

• The office of the Vice-President of India holds significant importance in the country’s political framework. 
• It serves as a vital link between the executive and legislative branches of government, with the Vice-President presiding over the Rajya Sabha and performing various ceremonial duties.
• The Vice-President can also step in as acting President in the absence of the President or in case of vacancy.

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