Vice President of India

The office of the Vice President is the second-highest constitutional position in India (second only to thePresident of India), established byArticle 63of the Constitution, which simply states, "There shall be a Vice President of India."

In India, the Vice President is a constitutional post and part of the executive branch of the government.

The concept for this office was borrowed from the Constitution of the United States of America.

This blog post talks about the details of this office, covering role, powers, election process, and key constitutional provisions related to the Vice President for aspirants preparing for various Kerala PSC exams.

Part V, Chapter I of the Constitution of India (Articles 52-78) outlines the Union Executive, which comprises the President and the Vice-President.

It also defines the role of the Vice-President, including their term of office and their function as ex officio Chairman of the Council of States (Rajya Sabha).

Article 63:There shall be a Vice-President of India.Article 64:The Vice-President shall be ex officio Chairman of the Council of States (Rajya Sabha) and shall not hold any other office of profit.Article 65:The Vice-President shall act as President in the event of the occurrence of any vacancy in the office of the President by reason of this death, resignation, or removal, or otherwise.Article 66:Election of Vice President.Article 67:Vice President shall hold office for a term of five years.Article 68:Provisions related to the term and vacancy of the Vice President.Article 69:Oath to the office of President.Article 70:Discharge of the President's functions in any contingencies.Article 71:Matters and disputes relating to, or connected with, the election of a President or Vice President.

Eligibility(Article 66)

To be eligible for the office of Vice President, a person must meet the following criteria:

He should be a citizen of India.He should have been at least35 years of age(Article 66(4)).He should be qualified for election as amember of the Rajya Sabha(Article 84).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(Article 102).

The election of the Vice President is a legislative procedure, not an executive one.

It is governed by thePresidential and Vice-Presidential Elections Act, 1952,which outlines the rules for electing both the President and the Vice President.

The election is conducted by theElection Commission, and theelectoral collegeconsists ofall members (both elected and nominated) of the Lok Sabha and the Rajya Sabha.

Unlike in Presidential elections, State Legislative Assemblies do not participate in this.

The total number of voters in the Vice Presidential Election –788(543 members of the Lok Sabha & 245 members of the Rajya Sabha, ie,  233 elected members & 12 nominated members).

Voting follows thesystem of proportional representationby means of thesingle transferable voteand is conducted through asecret ballot, as perArticle 66(1)of the Constitution.

A candidate requires20 proposers and 20 secondersfrom the electoral college.The security deposit for a Vice Presidential candidate is₹15,000,to be submitted with the Reserve Bank of India.

If there is a tie in the Vice Presidential election, the result is decided by drawing lots.

All disputes or doubts regarding the Vice President’s election are adjudicated exclusively by theSupreme Court.

The11th Constitutional Amendment (1961)states that the election of the Vice President cannot be challenged on the grounds of any vacancy in the electoral college.

If the Supreme Court declares theelection void, any acts performed by the Vice President before the verdict remain valid.

The Constitution does not provide for an acting Vice President; a new election must be held as soon as possible.

Finally, a person is eligible for re-election as Vice President without any limit on the number of terms.

Term of Office and RemovalTerm of OfficeThe Vice President holds office for aterm of five yearsfrom the date on which they enter office.However, they can continue in office even after their term expires, until their successor is elected and takes office.This provision is in place to prevent a vacancy in the position.But the Vice President can resign from their office by submitting their resignation letter to the President(Article 67(a)).Removal from OfficeUnlike the President's impeachment, the Constitution does not specify any grounds for the removal of the Vice President.The removal process is a specific constitutional procedure and is not the same as a vote of no-confidence against the government.The Vice President can be removed from office by a resolution of the Rajya Sabha passed by aspecial majority(more than 50% majority, ie, out of the total strength of the Rajya Sabha (245), it would require at least 123 votes)and agreed to by the Lok Sabha by a simple majority(Article 67(b)).A resolution for removal can be initiated only in theRajya Sabhaand requires a minimum of14 days' notice.

TheSupreme Courtalso has the power to remove a Vice President, but this power is strictly related to election disputes underArticle 71(1)of the Constitution.

If the Supreme Court inquires into an election petition and finds that the Vice President's election was invalid, it can declare the election void and make the VP invalid.

The grounds for declaring the election void can include:Committing electoral malpractices.Being ineligible to be a Rajya Sabha member, which is a key qualification for the Vice Presidency.

The Parliament, by law, determines the salary and allowances of the Vice President.

The current salary of the Vice President isRs. 4 lakh per month(exclusive of allowances).

The salary and allowances of the Vice President are charged on theConsolidated Fund of India.The salary being a charge on the Consolidated Fund means it is non-votable by Parliament.

When the Vice President acts as the President, they receive the salary and allowances of the President.

Ex-officio Chairman of the Rajya Sabha(Article 64)

This is the primary and most significant function of the Vice President as mandated by Article 64 of the Constitution.

The Vice President presides over the proceedings of the Rajya Sabha, maintaining discipline and order within the House.Like the Speaker of the Lok Sabha, the Chairman regulates debates and ensures the smooth functioning of parliamentary business.The Chairman is responsible for upholding the dignity and prestige of the House and protecting the rights and privileges of its members.

It is important to note that the Vice President acts as the Chairman of the Rajya Sabha but isnot a member of that House.

As the Chairman, the Vice President does not vote in the first instance.

However, in the event of a tie on any matter, they have the authority to cast a decisive vote to resolve the deadlock. This is known as acasting vote.