Ncert-notes / Indian Polity NCERT Notes / Vice President

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 

Tenures 

Important Facts 

Dr. Sarvepalli Radhakrishnan 

13th May 1952 to 12th May 1962 

First Vice-President, Longest Tenure (10 years) 

Zakir Husain 

13th May 1962 to 12th May 1967 

Founder of Jamia Millia Islamia 

Varaha Giri Venkata Giri 

13th May 1967 to 3rd May 1969 

Shortest Tenure (2 years, first Vice President to resign) 

Gopal Swarup Pathak 

31st August 1969 to 30th August 1974 

First Vice-President, who was Supreme Court Judge 

Basappa Danappa Jatti 

31st August 1974 to 30th August 1979 

The only Vice-President, who had been Chief Minister, Cabinet Minister, and Congress President 

Mohammad Hidayat-ul-lah 

31st August 1979 to 30th August 1984 

Ramaswamy Venkataraman 

31st August 1984 to 27th July 1987 

Shankar Dayal Sharma 

3rd September 1987 to 24th July 1992 

Kocheril Raman Narayanan 

21st August 1992 to 24th July 1997 

Krishan Kant 

21st August 1997 to 27th July 2002 (Died) 

Died in office 

Bhairon Singh Shekhawat 

19th August 2002 to 21st July 2007 

Mohammad Hamid Ansari 

11th August 2007 to 19th August 2017 

For two terms 

Muppavarapu Venkaiah Naidu 

19th August 2017 to 10th August 2022 

Jagdeep Dhankhar 

11th August 2022 to Till Date (As of June 2023) 

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 

Aspect 

Indian Vice-President 

American Vice-President 

Succession to Presidency 

Succeeds to the Presidency during vacancy for a maximum of six months 

Succeeds to the Presidency and completes the unexpired term 

Purpose of the Office 

Created for political continuity 

Endowed with significant power and functions 

Difference between President and Vice-President 

Aspect 

President 

Vice-President 

Constitutional Position 

Constitutional head of state 

Acts as Chairman of Rajya Sabha 

Election Process 

Elected by Electoral College consisting of members of Parliament and Legislative Assembly members 

Elected by an Electoral College limited to members of Parliament 

Removal Process 

Can only be removed through impeachment 

Can be removed by a resolution of the Council of States (Rajya Sabha) 

Powers and Functions 

Numerous functions under the Indian Constitution, legislative and executive roles, and Commander-in-Chief of Indian Defence Force 

No official legislative or executive powers 

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