Vice President

In India, the Vice-President holds the second-highest Constitutional Office, elected by members of the Electoral College, which comprises representatives from both Houses of Parliament. 

The Vice-President's Role 

• Article 63 of the Constitution outlines the position of the Vice-President of India, who holds the second-highest Constitutional Office in the country and is ranked just below the President in the Official Warrant of Precedence. 
• Drawing inspiration from the American Constitution, the office of the Vice-President is established. 
• According to Article 64, the Vice-President serves as the Ex-officio Chairman of the Rajya Sabha. 

Articles Related to the Vice-President 

• Article 63: Vice-President of India 
• Article 64: Vice-President as Ex-officio Chairman of the Council of States/Rajya Sabha 
• Article 65: Vice-President to discharge duties of President during absence or casual vacancy 
• Article 66:  Election of Vice-President 
• Article 67:  Term of the office of Vice-President 
• Article 68: Time of holding election to fill vacancy in the office of Vice-President and term of office of the person elected to fill casual vacancy 
• Article 69:  Oath and affirmation of Vice-President 
• Article 70: Discharge of President's function in other contingencies. 
• Article 71:  Matters related to the election of the Vice-President 

Election of the Vice-President 

• Article 66(1) stipulates that the Vice-President is elected by an Electoral College composed of members from both Houses of Parliament.  
• The election follows the system of proportional representation through the Single Transferable Vote, with voting conducted by Secret Ballot. 
• The Electoral College for the Vice-President's office includes elected and nominated members of Parliament, excluding Members of State Legislative Assemblies.  
• Elections occur within 60 days after the current Vice-President's term expires and are overseen by the Election Commission of India. 
• Article 71(1) designates the Supreme Court to inquire into and decide disputes related to the Vice-President's election, with its decision being final. Challenges to the completeness of the Electoral College do not invalidate the election. 
• If the Supreme Court declares the election void, acts performed by the Vice-President before the declaration remain valid. 
• Article 66(2) specifies that the Vice-President cannot be a member of Parliament or a State Legislature. If a current member is elected Vice-President, they are deemed to vacate their parliamentary seat upon assuming office. 

Qualifications 

• Article 66(3) outlines eligibility criteria for the Vice-President, including Indian citizenship, a minimum age of 35 years, and qualification for Rajya Sabha membership. 
• Candidates must submit a deposit to the Reserve Bank of India, and holding other offices does not disqualify them unless they hold certain specified positions. 

Tenure of Vice-President 

• Article 67 establishes a five-year term for the Vice-President, who may resign by addressing the President in writing. The Vice-President continues in office until the newly elected Vice-President assumes office. 

Oath or Affirmation of Vice-President 

• The President or a designated person administers the oath or affirmation to the Vice-President before assuming office. 
• The Vice-President pledges allegiance to the Constitution of India and undertakes to faithfully discharge the duties of the office. 

Emoluments 

• The Constitution does not prescribe specific emoluments for the Vice-President. However, the Vice-President receives a regular salary as the Ex-officio Chairman of the Rajya Sabha. 
• In 2018, the Vice-President's salary was increased to ₹4 lakh per month from ₹1.25 lakh earlier. 

Conditions of Office 

• The Constitution specifies two conditions for holding the office of the Vice-President: 
• The individual should not be a member of either House of Parliament or a State Legislature. If elected Vice-President, they are considered to have vacated their seat in the respective House upon assuming office. 
• The individual should not hold any other office of profit. 

Removal and Vacancy 

• The Vice-President can resign by submitting the resignation to the President, effective upon acceptance. 
• Removal from office requires a resolution from the Council of States (Rajya Sabha), passed by a majority and agreed upon by the House of the People (Lok Sabha), with at least 14 days' notice. 
• The Constitution is silent on who performs the Vice-President's duties during a vacancy, before the term expiry, or when the Vice-President acts as the President. 
• The election to fill a vacancy due to term expiration occurs before the term ends. 
•  In case of death, resignation, or removal, an election is held promptly, and the elected person serves a full five-year term. 
• During a vacancy, the Deputy Chairperson of the Rajya Sabha or another member authorized by the President performs the Vice-President's duties as the Chairperson of the Rajya Sabha. 
• The Vice-President is eligible for re-election; examples include Dr. S Radhakrishnan in 1957 and Mohd. Hamid Ansari in 2012. 

Powers and Functions 

• The Vice-President serves as the Ex-officio Chairman of the Rajya Sabha, with powers and functions similar to the Speaker of the Lok Sabha. 
• The Vice-President, in this capacity, mirrors the American Vice-President, who serves as the Chairman of the Senate. 
• In the event of a presidential vacancy due to resignation, removal, death, or other reasons, the Vice-President acts as President for a maximum of six months until a new President is elected. 
• If the sitting President is unable to perform duties due to absence, illness, or other reasons, the Vice-President assumes these functions until the President resumes office. 
• While acting as President, the Vice-President does not perform the duties of the Chairman of the Rajya Sabha; these duties are carried out by the Deputy Chairman of the Rajya Sabha during this period. 
• The Vice-President receives salary and emoluments as per the office of the President while performing presidential duties. 

Vice Presidents of India 

Vice-President as Acting President 

• The Vice-President acts as President during a casual vacancy in the office of the President due to death, resignation, or removal until a new President is elected. 
• In instances of Presidents Zakir Husain and Fakhruddin Ali Ahmed's deaths, Vice-Presidents V.V. Giri and B.D. Jatti, respectively, acted as President. 
• During this period, the Vice-President has all the powers, immunities, and privileges of the President and receives emoluments and allowances payable to the President. 

Difference between Power and Functions of Indian and American Vice-President 

Difference between President and Vice-President