INDIA’S VICE PRESIDENT: ELECTION, ROLE & POWERS

• Article 63: There shall be a Vice-President of India.
• Vice-President occupies the second highest office in the country + Ranked second in the table of precedence + Office is modelled on the lines of the American Vice President.

CHOOSING INDIA’S VICE PRESIDENT: ELECTORAL PROCESS & QUALIFICATIONS

• The Vice President is elected indirectly and the Electoral College consists of members of both houses of Parliament.
• Electoral college for Vice President is different from the electoral college for the election of the President in the following two respects:
  1. It consists of both elected and nominated members of the Parliament (in the case of the president, only elected members).
  2. 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).
• The Vice President’s election, like that of the President’s election, is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is by secret ballot.
• The original Constitution provided that the Vice-President would be elected by the two Houses of Parliament assembled at a joint meeting. This cumbersome procedure was done away by the 11th Constitutional Amendment Act of 1961.
• All doubts and disputes in connection with election of the Vice-President are inquired into and decided by the Supreme Court whose decision is final.
• Four Vice Presidents have been elected unopposed so far.

VICE PRESIDENT’S ELIGIBILITY: NO PARLIAMENT OR STATE LEGISLATURE MEMBERSHIP, NO OFFICE OF PROFIT

The Constitution lays down the following two conditions of the Vice President’s office:

1. He should not be 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.
2. He should not hold any other office of profit.

VICE PRESIDENT’S TENURE: 5 YEARS, RE-ELECTION ALLOWED, REMOVAL PROCESS EXPLAINED

• 5 years from the date on which he enters office.
• Can hold office beyond his term of five years until his successor assumes charge.
• He is also eligible for re-election to that office any number of times.
• Resignation to: President
• Can also be removed from the office before completion of his term. A formal impeachment is not required for his removal.
• Can be removed from his office by a resolution passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha (by simple majority). But no such resolution can be moved unless at least 14 days’ advance notice has been given.
• No ground has been mentioned in the Constitution for his removal.

SMOOTH TRANSITIONS: VICE PRESIDENT VACANCY PROTOCOLS & ELECTIONS

• A vacancy in the Vice-President’s office can occur in any of the following ways: On the expiry of his tenure of five years + By his resignation + On his removal + By his death.
• Otherwise, for example, when he becomes disqualified to hold office or when his election is declared void.
• When the vacancy is going to be caused by the expiration of the term of the sitting vice-president, an election to fill the vacancy must be held before the expiration of the term.
• If the office falls vacant by resignation, removal, death or otherwise, then an election to fill the vacancy should be held as soon as possible after the occurrence of the vacancy. The newly-elected vice-president remains in office for a full term of five years from the date he assumes charge of his office.

VICE PRESIDENT’S DUAL ROLE: CHAIRMAN & PRESIDENTIAL STAND-IN

The functions of Vice-President are two-fold:

• 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.

COMPARING ROLES: INDIAN VS. AMERICAN VICE-PRESIDENTS

• Though the office of the Indian Vice-President is modelled on the lines of the American Vice-President, there is a difference. The American Vice-President succeeds to the presidency when it falls vacant, and remains President for the unexpired term of his predecessor. The Indian Vice-President, on the other hand, merely serves as an acting President when the office of President falls vacant until the new President assumes charge.
• The Constitution has not assigned any significant function to the Vice-President in that capacity. This office was created with a view to maintain the political continuity of the Indian State.

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