14.2.1: Introduction: Second Highest Constitutional Office
The Vice-President of India holds the second-highest constitutional office in the country, a position designed to ensure continuity in the executive in the event of a Presidential vacancy and to serve as the ex-officio Chairman of the Rajya Sabha. Modelled partly on the American Vice-President, the Indian Vice-President is indirectly elected by an electoral college comprising members of both Houses of Parliament. This office is crucial for the smooth functioning of Parliament and for maintaining constitutional order during periods of presidential incapacitation or vacancy.
- Article 63: There shall be a Vice-President of India. This article formally establishes the office.
- Modelled on the lines of the American Vice-President, sharing key functional similarities.
- Primarily acts as ex-officio Chairman of Rajya Sabha (Article 64), presiding over the Council of States.
14.2.2: Election of the Vice-President (Article 66, 71)
Electoral College (Article 66(1))
- Comprises Elected members of both Houses of Parliament (Lok Sabha & Rajya Sabha).
- Crucially, Nominated members of both Houses of Parliament also participate.
Members of State Legislative Assemblies do not participate in the Vice-President's election (unlike in the Presidential election), making it a more centralized electoral college.
Manner & Disputes (Article 66(1), 71)
- System of proportional representation by means of the single transferable vote.
- Voting by secret ballot.
Disputes regarding the election of the Vice-President are inquired into and decided by the Supreme Court (final decision) (Article 71).
Election cannot be challenged on the ground of vacancy in the electoral college.
14.2.3: Qualifications for Election (Article 66(3))
Core Requirements
- Citizen of India.
- Completed 35 years of age.
- Qualified for election as a member of the Rajya Sabha. (Implies all qualifications for an MP, except age: 35 for VP vs. 30 for RS MP).
- Must not hold any office of profit under Union/State Govt/local authority/other public authority.
A sitting President, Vice-President, Governor, or Minister is not deemed to hold office of profit for this purpose.
Nomination & Deposit
Requires at least 20 electors as proposers and 20 electors as seconders. This ensures serious candidates.
A security deposit of Rs. 15,000 is also required.
(Note: 50 proposers/50 seconders for President vs. 20/20 for VP)
14.2.4 & 14.2.5: Oath & Conditions of Office
Oath or Affirmation (Article 69)
Before entering office, the Vice-President subscribes to an oath administered by the President (or some person appointed in that behalf by him).
The Oath:
- To bear true faith and allegiance to the Constitution.
- To faithfully discharge the duties of the office.
Conditions of Office (Article 66(2))
- Shall not be a member of either House of Parliament or State Legislature. If already a member, deemed to have vacated that seat on the date of entering office as Vice-President.
- Shall not hold any other office of profit.
14.2.6: Term of Office (Article 67)
- Five years from the date of entering office.
- Can resign by writing under his hand addressed to the President.
- Can be removed by resolution (as per Article 67(b), discussed below).
- Eligible for re-election (any number of times). Similar to the President, there is no constitutional limit.
- Holds office until successor enters upon office, even beyond 5 years, ensuring continuity.
14.2.7: Removal of Vice-President (Article 67(b))
No formal impeachment procedure like President. The process is simpler and distinct from the President's impeachment (Art 61).
Initiation & Majority
Can be removed by a resolution of the Rajya Sabha passed by an effective majority (majority of all the then members of the House).
This highlights that the Rajya Sabha, of which he is the ex-officio Chairman, has a special position in his removal.
Concurrence & Notice
...and agreed to by the Lok Sabha (by simple majority).
Resolution can be moved only after at least 14 days' advance notice.
No ground mentioned in Constitution for removal. Unlike the President (who can be removed for 'violation of the Constitution'), no specific ground is mentioned for the Vice-President's removal.
14.2.8: Vacancy in the Vice-President's Office (Article 68)
- On expiry of term, resignation, removal, death, or otherwise (e.g., election declared void by SC).
- Election to fill vacancy due to expiry of term must be completed before expiry.
- If vacancy due to resignation/removal/death/otherwise, election to be held as soon as possible. The new Vice-President holds office for the full 5-year term.
No provision for a person to "act as Vice-President" if VP office is vacant or VP is unable to discharge functions (unlike for President).
If the Vice-President's office is vacant and the VP is simultaneously acting as President, the Chief Justice of India (and then senior-most SC judge) would act as President.
However, if the Vice-President is merely absent or ill and thus unable to perform duties as Chairman of Rajya Sabha, the Deputy Chairman of Rajya Sabha performs those duties. The Vice-President's office itself does not have an "acting" Vice-President.
14.2.9: Powers and Functions of the Vice-President
Ex-officio Chairman of Rajya Sabha (Article 64)
This is the primary regular function of the Vice-President.
- Presides over the sittings of the Rajya Sabha, maintains order and decorum.
- Interprets the rules of procedure, and enforces decisions.
- Is not a member of the Rajya Sabha, and therefore cannot vote in the first instance on any bill or matter.
- Can only cast a casting vote in case of a tie (deadlock).
- Draws salary and allowances as the Chairman of Rajya Sabha.
Acts as President (Article 65)
A crucial contingent role for executive continuity.
- When a vacancy occurs in the office of President (due to death, resignation, removal, or otherwise). Acts until a new President is elected (election must be completed within 6 months).
- When the President is temporarily unable to discharge functions (due to absence, illness, or any other cause). Acts until the President resumes duties.
- While acting as President, the Vice-President does not perform the duties of the Chairman of Rajya Sabha (the Deputy Chairman performs them).
- While acting as President, entitled to all the powers, immunities, and emoluments of the President.
Other functions:
The Vice-President also performs diplomatic roles occasionally assigned by the government.
14.2.10: Comparison with American Vice-President
The Indian Vice-President's office is modeled on the American lines, but there are notable similarities and differences:
Similarities
- Both are the second-highest constitutional offices in their respective countries.
- Both serve as the ex-officio Presiding officers of the Upper House of the legislature (Indian VP is Chairman of Rajya Sabha; US VP is President of the Senate).
- Both succeed the President in case of a vacancy in the President's office.
Differences
| Feature | Indian Vice-President | American Vice-President |
|---|---|---|
| Succession to Presidency | Acts as President only until a new President is elected (max 6 months). Does not become President for the remainder of the term. | Becomes the President for the remainder of the term if the President's office becomes vacant. |
| Scope of Powers (Non-Acting) | Main regular function is limited to being the Chairman of the Rajya Sabha. Does not have significant executive functions. | Often given more significant administrative and policy roles by the President, making them a more integral part of the executive branch. |
| Electoral College | Elected by an electoral college consisting only of members of Parliament (both elected and nominated), excluding state legislatures. | Part of the same electoral ticket as the President; indirectly elected by a larger electoral college that includes state representatives. |
| Removal Process | Removed by a Rajya Sabha resolution (effective majority) agreed to by Lok Sabha (simple majority). No specific ground mentioned. | Subject to impeachment by the House of Representatives and conviction by the Senate for "Treason, Bribery, or other high Crimes and Misdemeanors." |
Conclusion & Significance
The Vice-President of India plays a vital role in ensuring constitutional continuity and maintaining the decorum and functioning of the Rajya Sabha. While primarily a legislative functionary as the Chairman of the upper house, the Vice-President's ability to act as President during vacancies or incapacitation is crucial for the stability of the Union executive.
The office embodies the constitutional design that prioritizes smooth transitions and the uninterrupted functioning of government, even as its limited executive role (when not acting as President) distinguishes it significantly from its American counterpart. The office thus serves as a critical bridge between the executive and legislative branches, embodying a unique blend of ceremonial, legislative, and contingent executive responsibilities.
Study Notes & Practice Questions
Prelims-ready Notes
- Article 63: There shall be a Vice-President.
- Second highest constitutional office.
- Modelled on American Vice-President.
- Primarily ex-officio Chairman of Rajya Sabha (Art 64).
- Election (Art 66): Electoral College: Elected & Nominated MPs (LS + RS). NOT State MLAs. Manner: PR by STV, Secret Ballot.
- Disputes (Art 71): Decided by Supreme Court (final). Cannot challenge on vacancy in electoral college.
- Qualifications (Art 66(3)): Citizen, 35 yrs, qualified for Rajya Sabha membership, no office of profit. Nomination: 20 proposers, 20 seconders; Rs 15k security.
- Oath (Art 69): Administered by President.
- Conditions of Office (Art 66(2)): Not MP/MLA, no other office of profit.
- Term (Art 67): 5 years. Resigns to President. Removed by resolution. Re-election: Eligible any number of times. Holds office till successor enters.
- Removal (Art 67(b)): No formal impeachment. Resolution in Rajya Sabha (effective majority) + Simple Majority in Lok Sabha. 14 days' notice. No specific ground.
- Vacancy (Art 68): Expiry, resignation, removal, death, void election. Expiry: Election before expiry. Others: Election ASAP. New VP for full 5 years. No "acting Vice-President" provision. Deputy Chairman RS performs Chairman duties if VP office vacant.
- Powers and Functions: Ex-officio Chairman of Rajya Sabha (Art 64) - presides, casting vote only. Acts as President (Art 65) - when President vacant (max 6 months) or temporarily unable. Entitled to President's emoluments while acting.
- Comparison with US VP: Similarities: Presiding officer, succeeds President. Differences: Indian VP acts as President (temp); US VP becomes President (for term). Indian VP limited executive role; US VP more active.
Mains-ready Analytical Notes
Major Debates/Discussions
- "Dormant Power" of Acting President: VP's main executive role is contingent, leading to debates about underutilization compared to US VP.
- Chairman of Rajya Sabha: Balancing legislative efficiency with safeguarding members' rights, navigating political environments.
- Electoral College Composition: Exclusion of State MLAs reflects a more centralized and less federal character in VP election, sometimes debated.
- Succession Mechanism: Indian model (VP acts only until new President elected) ensures quicker restoration of a full-fledged President with a fresh mandate, distinct from US model.
Historical/Long-term Trends, Continuity & Changes
Evolution of Role: Consistent Design
The role has largely remained consistent with constitutional design: presiding over Rajya Sabha and serving as a stand-in for the President.
Significance in Coalitions
In periods of hung parliaments or coalition governments, the VP's role as Chairman of Rajya Sabha becomes crucial in managing parliamentary affairs and decorum.
Filling Presidential Vacancies
The provision for the VP to act as President has effectively ensured smooth transitions during unexpected presidential vacancies (e.g., after the deaths of Zakir Husain and Fakhruddin Ali Ahmed).
Contemporary Relevance/Significance/Impact
- Smooth Transitions: Ensures seamless transition in the highest executive office, providing stability.
- Parliamentary Efficiency: As Chairman of Rajya Sabha, vital for legislative business, debates, and maintaining order.
- Symbolic Importance: Serves as a non-partisan symbol of the nation, especially when acting as President.
- Constitutional Backbone: Underlines the robust nature of India's constitutional framework, preventing any vacuum at the apex.
Real-world/Data-backed Recent Examples (India)
Recent VP Elections
The Vice-Presidential Elections (e.g., 2017, 2022) demonstrate the actual functioning of the electoral college. Jagdeep Dhankhar (current VP, elected 2022) presiding over the Rajya Sabha showcases the legislative role. (Source: Election Commission of India, Parliament of India records).
VP's Role in Parliament
The Vice-President's continuous role in guiding debates, addressing disruptions, and ensuring decorum in Rajya Sabha is a living example of their legislative function, particularly important in a fragmented political landscape. (Source: Rajya Sabha TV, Parliament proceedings).
No Recent Acting President Instances
Fortunately, there have been no recent instances of the Vice-President having to act as President for extended periods, highlighting the stability and continuity of the President's office in recent decades.
UPSC Previous Year Questions (PYQs)
Prelims MCQs
1. UPSC Prelims 2018:
With reference to the election of the President of India, consider the following statements:
- The value of the vote of each MLA varies from State to State.
- The value of the vote of MPs of the Lok Sabha is more than that of the MPs of the Rajya Sabha.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (a)
Hint/Explanation: This question explicitly asks about President's election but it's important to know the differences in Electoral College for VP (no MLAs).
2. UPSC Prelims 2016:
Which of the following is/are the distinction(s) between the Electoral College for the election of the President of India and the Electoral College for the election of the Vice-President of India?
- Members of State Legislative Assemblies are part of the Electoral College for the election of the President but not for the election of the Vice-President.
- Nominated members of both Houses of Parliament are part of the Electoral College for the election of the Vice-President but not for the election of the President.
Select the correct answer using the code given below:
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (c)
Hint/Explanation: Both statements correctly identify key differences in the Electoral College composition.
3. UPSC Prelims 2011:
Which one of the following is not a constitutional body?
- (a) Election Commission
- (b) Finance Commission
- (c) National Commission for Scheduled Tribes
- (d) NITI Aayog
Answer: (d)
Hint/Explanation: This question tests constitutional bodies. The Vice-President's office is a constitutional one.
Mains Questions
1. UPSC Mains 2021 (GS Paper 2):
"Discuss the role of the Vice-President of India as the Chairman of the Rajya Sabha. How does he perform his duties as the presiding officer of the House?"
Direction: This question directly asks about the Vice-President's primary function.
- Ex-officio Chairman: Art 64.
- Presiding Officer Role: Presides over sittings, maintains order, interprets rules, regulates debates, allows/disallows questions/motions, puts questions to vote, casts tie-breaking vote (not regular vote).
- Powers similar to Speaker: But for Rajya Sabha.
- Not a member: Cannot vote in first instance.
- Significance: Ensures smooth functioning of Upper House, acts as an impartial arbiter, upholds parliamentary traditions.
2. UPSC Mains 2016 (GS Paper 2):
"Discuss the constitutional provisions that facilitate the President’s role in balancing the Executive and the Legislature in India."
Direction: While focusing on the President, one could draw a brief comparison by noting that the Vice-President, as Chairman of Rajya Sabha, also facilitates the legislative process, and steps in to ensure executive continuity.
3. UPSC Mains 2014 (GS Paper 2):
"Though the federal principle is dominant in our Constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre. Discuss."
Direction: The Vice-President's electoral college, which excludes state legislatures, can be briefly mentioned as a point where the election process is more centralized than the President's, reflecting the unitary leanings.
Original MCQs for Prelims
1. Which of the following statements about the Vice-President of India is/are correct?
- He is the ex-officio Chairman of the Council of States.
- He is not a member of the House of the People.
- He can be removed by a resolution passed by a simple majority in Rajya Sabha alone.
Select the correct answer using the code given below:
- (a) 1 and 2 only
- (b) 2 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (a)
Explanation: Statement 1 is correct (Art 64). Statement 2 is correct (Art 66(2) states he cannot be a member of either House). Statement 3 is incorrect; removal requires effective majority in Rajya Sabha and simple majority in Lok Sabha (Art 67(b)).
2. Consider the following statements regarding a vacancy in the office of the Vice-President of India:
- If a vacancy arises due to resignation, removal, or death, the election to fill the vacancy must be held within six months.
- In case the office of the Vice-President falls vacant, the Chief Justice of India acts as the Vice-President until a new Vice-President is elected.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (d)
Explanation: Statement 1 is incorrect: Election for VP vacancy due to resignation/removal/death is "as soon as possible" (Art 68(2)), not within six months (that's for Presidential vacancies). Statement 2 is incorrect: There is no provision for an "acting Vice-President." The Deputy Chairman of Rajya Sabha performs Chairman duties if VP office is vacant.
Original Descriptive Questions for Mains
1. "Beyond his ceremonial and contingent roles, the Vice-President of India plays a crucial functional role in the legislative sphere. Elaborate on the powers and duties of the Vice-President as the ex-officio Chairman of the Rajya Sabha and explain how he ensures the effective functioning of the Upper House." (15 marks, 250 words)
- Intro: Introduce VP as 2nd highest office, modelled on US, with primary role as Chairman RS (Art 64).
- Powers and Duties as Chairman RS: Presiding Officer (maintains order, decorum), Regulator of Debates (allots time, allows motions), Interpreter of Rules (rulings generally final), Casting Vote (in tie only), Protecting Members' Rights (ensures adherence to rules).
- Ensuring Effective Functioning: Impartiality (non-partisan), Order and Decorum (crucial for productivity), Bridge to Executive (link as VP part of Union Executive), Continuity (legislative continuity).
- Conclusion: Role is central to legislative process, balancing deliberation with orderly conduct.
2. "The office of the Vice-President of India combines elements of both the American and British constitutional systems, yet possesses unique features. Discuss the distinct characteristics of the Indian Vice-Presidency in comparison to its American counterpart." (10 marks, 150 words)
- Intro: Indian VP modelled on US but has unique aspects.
- Similarities (Briefly): 2nd highest office, presiding officer of Upper House, succeeds/acts as President.
- Distinct Characteristics / Differences from US VP:
- Succession: India (acts as President temporarily, new election); USA (becomes President for remaining term).
- Executive Role: India (primarily Chairman RS, limited executive); USA (more significant administrative/policy roles).
- Electoral College: India (only MPs); USA (includes state representatives).
- Removal: India (RS resolution + LS concurrence, no specific ground); USA (formal impeachment).
- Conclusion: Indian VP is a tailored blend for its parliamentary system, ensuring continuity and RS function, but with limited executive footprint than US counterpart.