Vice President

The office of the Vice President of India is a crucial component of the country’s political framework, serving as the second-highest constitutional authority after the President. Instituted under Part V of the Indian Constitution, the Vice President’s role encompasses a range of responsibilities and functions that contribute significantly to the functioning of the Indian democracy. Understanding the intricacies of this office is essential for comprehending the dynamics of India’s political landscape and the distribution of powers within its governance structure.

The Vice President of India holds the second-highest constitutional position in the nation, following the President. Like the American Vice President, the Vice President of India holds a prominent status, as indicated by their position in the official warrant of precedence. Primarily, the Vice President assumes the responsibilities of the President in the event of the latter’s inability to discharge duties due to various reasons such as death, resignation, or impeachment. Additionally, the Vice President serves as the Chairman of the Rajya Sabha, which is the upper house of the Indian Parliament.

Constitutional Provision related to Vice President

How is Vice President Elected

The Vice-President of India is not directly elected but is chosen indirectly by an Electoral College. Although the election process bears resemblance to that of the President of India, the composition of the Electoral College differs.

Here are the distinctions between the Electoral College for the Vice-President and that for the President:

The Electoral College for the Vice-President includes both elected and nominated members from both Houses of Parliament. Conversely, in presidential elections, nominated members are not part of the Electoral College.
Unlike in presidential elections, where members elected by state legislative assemblies also participate, states do not have a role in the election of the Vice-President.

The Vice President is elected through an electoral college composed of the following categories of individuals. This method of election is termed as ‘indirect election’, and it employs the principle of Proportional Representation through the Single Transferable Vote system.

Qualification

He should be a citizen of India.
He should have completed 35 years of age.
He should be qualified for election as a member of the Rajya Sabha.
He should not hold any office of profit under the Union government or any state government or any local authority or any other public authority.
The nomination of a candidate for election to the office of Vice-President must be subscribed by at least 20 electors (Members of Parliament) as proposers and 20 electors as seconders. (50 proposers and seconders in case of President).

Oath and Affirmation

Before assuming office, the Vice President must take and subscribe to an oath or affirmation. The oath of office for the Vice President of India is administered by the President or a person appointed by the President for this purpose.

Condition and Tenure of the Vice President

The Vice President of India should not be a member of either the Lok Sabha or the Rajya Sabha, or any state legislative assembly. If such a person is elected Vice President, they are considered to have vacated their seat in the respective house on the day they assume office as Vice President. Additionally, the Vice President should not hold any other office of profit.

The Vice President of India holds office for a term of five years from the date on which he enters his office.
He can resign from his office at any time by addressing the resignation letter to the President.
The Vice President of India can hold office beyond his term of five years until his successor assumes charge.
He is also eligible for re-election to that office for any number of terms.

Vacancies in the Office of the Vice President

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.
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 the election to fill the vacancy should be held as soon as possible after the occurrence of the vacancy.

Removal of Vice President

The Vice President of India can be removed from office before completing their term.
The Constitution does not specify any grounds for the removal of the Vice President.
Formal impeachment proceedings are not required for their removal.
A resolution for removal can only be introduced in the Rajya Sabha, with a minimum of 14 days’ prior notice.
The resolution for removal must be passed by an effective majority in the Rajya Sabha (majority of all the then members) and by a simple majority in the Lok Sabha.
It’s important to note that the effective majority in India is a type of special majority and not a separate category.
During a temporary vacancy in the office of the Vice President, the Deputy Chairman of the Rajya Sabha assumes the role of Chairman of the Rajya Sabha.
The Vice President’s role is to assist the President as the nominal head of the Republic of India.
However, according to the Constitution of India, the offices of the President and Vice President cannot be held by the same person.

Powers and functions of Vice President

As the ex-officio Chairman of the Council of States, the Vice President’s powers and duties resemble those of the Speaker of the Lok Sabha.
In the event of a vacancy in the office of the President due to resignation, impeachment, death, or any other reason, the Vice President assumes the role of President.
The Vice President can serve as President for a maximum period of six months, during which time a new President must be elected.
Additionally, if the incumbent President is unable to perform their duties due to absence, illness, or any other reason, the Vice President assumes their responsibilities until the President is able to resume office.

Significance of role of Vice President

The Vice President of India assumes the role of the ex-officio Chairman of the Rajya Sabha, which is the upper house of the Indian Parliament.
In this capacity, the Vice President presides over the proceedings of the Rajya Sabha, ensuring that order and decorum are maintained and that the established rules and procedures of the house are adhered to.
Despite not being a member of the house, the Vice President holds the authority to cast a vote in the Rajya Sabha in the event of a tie.
Additionally, the Vice President is responsible for appointing the Chairman and members of various committees within the Rajya Sabha.
Furthermore, the Chairman of the Rajya Sabha plays a crucial role in considering motions for the removal of judges from the Supreme Court or High Courts.

Also read about office of President in Indian Constitution.