The Vice President of India: Role, Powers and Constitutional Framework

The Vice President of India holds the second-highest constitutional position, mainly presiding over the Rajya Sabha. Established in 1950, this role ensures continuity in leadership and supports the democratic framework. With limited powers, the Vice President plays a crucial part in parliamentary proceedings and national governance.

The Vice President of India

The Role and Significance of the Vice President of India

• Overview: The office of the Vice President is the Second highest office in India after the post of President of India. The role of the Indian Vice President is based on the line of the American Vice-President’s office.
• Ceremonial Function and Responsibilities: The role of the Vice President is largely ceremonial, with limited executive powers, and the primary function is to preside over the Rajya Sabha, the upper house of the Indian Parliament. 
• Constitutional Provision: Article 63 of the Indian Constitution provides the provision that ‘There shall be a Vice-President of India’.

History and Origin

• Establishment of the Office: The office of the Vice President in India has a brief yet significant history that reflects the country’s unique political structure.
  • The office of Vice-President came into being with the adoption of the Constitution of India in 1950. 
• Purpose of the Vice President’s Role: The need to set up this office was felt to ensure a smooth line of succession and remove a political leadership vacuum in the event of a vacancy in the President’s office.
• First Vice President of India: The first Vice President of India was Dr. Sarvepalli Radhakrishnan, who served from 1952 to 1962. 
  • He was a distinguished philosopher and served as the President of India later.

Election Process of The Vice-President

Article 66: The Vice President of India is elected indirectly by an electoral college consisting of the members of both Houses of Parliament, in accordance with the system of proportional representation by means of the single transferable vote and the voting in such election is by secret ballot. 

• Electoral College: The electoral college for the election of the Vice President consists of all members (both elected and nominated) of the Lok Sabha (lower house) and the Rajya Sabha (upper house) of Parliament.
• Differences in Election Processes: This is in contrast to the election of the President as only elected members participate in the election process of the President. 
  • Also, the members of state legislative assemblies do not participate in the election of Vice-President while the elected members of state legislators are included in the election of the President.

Dispute Related To The Election Of The Vice-President

• Role of the Supreme Court: The Supreme Court is responsible for investigating and settling any uncertainties or disputes related to the Vice-President’s election, and its decisions are conclusive. 
• Limitations on Challenging Elections: It is not permissible to challenge the election of a Vice-President based on the argument that the electoral college was not complete, meaning that there were vacancies among its members.
• Validity of Actions: If the Supreme Court determines that a person’s election as Vice-President is void, any action undertaken by that individual before the Supreme Court’s declaration remains valid and in effect.

Qualifications And Conditions For The Post Of Vice President Of India

• Article 66(3) provides for the qualifications of a person to be elected as the Vice-President of India. Those are as follows-
  • A citizen of India
  • The person has completed 35 years of age
  • The person is qualified for elections as a member of the Rajya Sabha
  • Article 66 also makes it clear that a person is ineligible to get elected as the Vice-President of India if he/she is deemed to hold any office of profit under the Government of India or the government of any state or under any local or other authority subject to the control of any of the said government. 
  • Also, a person shall not be deemed to hold the office of profit if he occupies the office of the President or the Vice-President or the Governor of any state or a Minister of Union or any state.

Term and Vacancy

• Term of office for Vice President: Article 67 of the Constitution of India contains provisions for the term of office of the Vice-President. 
• As per it, the term of office is 5 years from the date of entering into office for the Vice President. 
• Resignation from Office: Vice President may, by writing under his hand addressed to the President, resign his office. 
• Continuation in Office: Vice President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 
• Re-election and Term Limits: Moreover, he is eligible for re-election and can serve an unlimited number of terms in the same position.

Removal

• Grounds for Removal: The Constitution does not specify grounds for his removal.
• Removal Process: He/she 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.
• Majority Requirements: This implies that the resolution for removal should secure an effective majority in the Rajya Sabha and a simple majority in the Lok Sabha. 
• Origin and Notice for Resolution: This resolution must originate in the Rajya Sabha and not in the Lok Sabha. 
  • However, it cannot be introduced without providing a minimum of 14 days prior notice. 

Vacancy in the office of Vice President

• A vacancy in the position of Vice-President can arise through various means, including:
  • Conclusion of his five-year term.
  • Voluntary resignation.
  • Removal from office.
  • Death.
  • Other circumstances, such as disqualification or the annulment of his election.

Election to fill Vacancy – Article 68 

• Election Timeline for Term Expiration: An election to fill a vacancy caused by the expiration of the term of office of Vice President shall be completed before the expiration of the term. 
• Election Following Vacancy: An election to fill a vacancy in the office of Vice President occurring by reason of his death, resignation, or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy. 
• Term for Newly Elected Vice President: The person elected to fill the vacancy shall be entitled to hold office for the full term of five years from the date on which he enters upon his office. 

Oath for the Office of Vice President of India

• Article 69 of the Constitution provides for the oath or affirmation that a person has to subscribe before joining the office of Vice President. The said oath is administered by the President of India or some person appointed by him. In his oath, the Vice President swears:
  •  To bear true faith and allegiance to the Constitution of India; and
  •  To faithfully discharge the duties of his office.

Powers and Functions

The Vice-President’s role can be categorised into two main functions:

• Role as Chairman of the Rajya Sabha: He serves as the ex-officio Chairman of the Rajya Sabha, with powers and responsibilities akin to those of the Lok Sabha Speaker. 
  • This role draws parallels with the American Vice President, who also acts as the Chair of the Senate, the upper house of the U.S. legislature.
• Assumption of Presidential Duties: The Vice-President assumes the duties of the President when a vacancy arises due to reasons such as resignation, impeachment, death, or other causes. 
  • His tenure as acting President is limited to a maximum of six months, during which a new President must be elected.

• Temporary Assumption of Presidential Duties: Additionally, if the President is temporarily unable to perform his duties due to factors like absence or illness, the Vice-President steps in until the President can resume his responsibilities.
• Role of the Deputy Chairman: When the Vice-President fulfils the duties of the President, he doesn’t perform his role of the Chairman of the Rajya Sabha. 
  • During this period, the Deputy Chairman of the Rajya Sabha takes on those responsibilities. 
• Compensation During Acting Presidency: The Vice President is entitled to the salary and allowance of the President during this period. 
  • The Constitution has not fixed any emoluments for the Vice-President in that capacity.

Comparison Between Indian and American Vice-President

Important articles related to Vice-President

Conclusion

The Vice President is essential for maintaining the stability of India’s political system. 

• By overseeing the Rajya Sabha and stepping in as acting President when needed, this office promotes effective governance. 
• Together with the President, the Vice President helps uphold democracy and national integrity in India.

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