Who is a Vice President, and what is his/her

constitutional position in India?

The Vice President of India is the second-highest constitutional

office in the country after the President of India.

 The Vice-President is accorded a rank next to the President in

the official warrant of precedence. This office is modeled on the
lines of the American Vice-President.
 The Vice President's main role is to act as the President if the
President cannot perform his or her duties, such as due to
death, resignation, or impeachment.
 The Vice President also serves as the Chairman of the Rajya
Sabha (Council of States), the upper house of the
Indian Parliament.

How is the Vice President of India elected?

The Vice-President, like the president, is elected not directly by the

people but indirectly.

 He is elected by the members of an electoral college consisting

of the members of both houses of Parliament. Thus,
this electoral college is different from the electoral college for
the election of the President in the following two respects:
o It consists of both elected and nominated members of the
Parliament (in the case of the President, only elected
members).
 o It does not include the members of the state legislative
assemblies (in the case of the President, the elected
members of the state legislative assemblies are included).
 Vice-President’s election, like that of the President’s election, is
held in accordance with the system of proportional
representation by means of the single transferable vote, and the

voting is by secret ballot.

 All doubts and disputes concerning the election of the Vice-
President are inquired into and decided by the Supreme Court,
whose decision is final.

What are the constitutional provisions relating

to the office of the President of India?

Article Description

Article There shall be a Vice President of India

63
Article The Vice President shall be ex officio chairman of the council of States
64
Article Vice President to act as President or to discharge his functions during casual vacancies in the
65 office, or during the absence, of President
Article Vice President shall be elected by the members of an electoral college consisting of the members
66 of both Houses of Parliament in accordance with the system of proportional representation
Article Vice President shall hold office for a term of five years
67
Article Provisions related to the term and vacancy of the Vice President
68
Article Oath to the office of President
69
Article Discharge of Presidents functions in any contingencies
70
Article Matters and disputes relating to, or connected with, the election of a President or Vice President
71

Qualifications

To be eligible for election as Vice-President, a person should fulfill

the following qualifications:

 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.

Oath or Affirmation

Before entering his office, the Vice President has to make and
subscribe to an oath or affirmation. In his oath, the Vice President
swears

 to bear true faith and allegiance to the Constitution of India;

and
 to faithfully discharge the duties of his office.

The oath of office to the Vice-President is administered by the

President or some person appointed by him.

Conditions of Office
The Constitution lays down the following two conditions of the
Vice-President’s office:

 He should not be a member of either House of Parliament or a House of

the state legislature. If any such person is elected Vice-President,

he is deemed to have vacated his seat in that House on the date

on which he enters upon his office as Vice-President.
 He should not hold any other office of profit.

Term and Vacancy

 Term: The Vice-President holds office for a term of five

years from the date on which he enters his office. However, he

can resign from his office anytime by addressing the resignation

letter to the President.
o The Vice-President can hold office beyond his term of five
years until his successor assumes charge. He is also
eligible for reelection to that office. He may be elected for
any number of terms.
 Vacancy: A vacancy in the Vice-President’s office can occur in

any of the following ways:

o On the expiry of his tenure of five years
o By his resignation
o On his removal
o By his death
o Otherwise, for example, when he becomes disqualified to
hold office or when his election is declared void.
If the office falls vacant by resignation, removal, death, or otherwise,
then an election to fill the vacancy should be held as soon as
possible(within six months for President) after the occurrence of the
vacancy.

What is the procedure for the removal of the

Vice President?

The Vice President can also be removed from office before the
completion of his term. A formal impeachment is not required for his
removal.

 He can be removed by a resolution passed by a majority of all the then

members of the Rajya Sabha (Effective Majority) and agreed to by

the Lok Sabha (Simple Majority). This means that this resolution

should be passed in the Rajya Sabha by an effective majority

and in the Lok Sabha by a simple majority.
 It must be noted here that the effective majority in India is only
a type of special majority and not a separate one. Further, this
resolution can be introduced only in the Rajya Sabha and not in
the Lok Sabha.
 But, no such resolution can be moved unless at least 14 days
advance notice has been given.

How can the office of the Vice President of

India be compared to that of the Vice President
of the USA?
 India USA

 He serves as the second-in-command to  The Vice President of the United States is

the President and acts as the President in the second-highest officer in the executive
case of his death, resignation, or incapacity. branch of the federal government after the
 He serves as the ex-officio Chairman of President of the United States.
the Rajya Sabha in India.  The Vice President is elected alongside the
President and serves as the President's deputy
 The Vice-President of India does not
and the President of the Senate.
automatically take over the presidency
 In the United States, if the presidency becomes
when it becomes vacant, instead, the office
vacant, the vice-president will assume the role
will remain unfilled for the unexpired
and serve the remainder of the previous
term.
president's term.

 The Indian Vice-President acts as the

President temporarily until a new President
is elected and takes office.

What are the powers and functions of the Vice

President of India?

The powers and functions of the Vice-President include

 He is the ex-officio Chairman of Rajya Sabha. In this capacity,

his powers and functions are similar to those of the Speaker of
Lok Sabha. In this respect, he resembles the American vice
president, who also acts as the Chairman of the Senate–the
Upper House of the American legislature.

 He acts as President when a vacancy occurs in the office of the

President due to his resignation, impeachment, death, or
otherwise.
  He can act as President only for a maximum period of six
months, within which a new President has to be elected.
 Further, when the sitting President cannot discharge his
functions due to absence, illness, or any other cause, the Vice-
President discharges his functions until the President resumes his

office.

While acting as President or discharging the functions of the

President, the Vice-President does not perform the duties of the
office of the chairman of Rajya Sabha. During this period, those
duties are performed by the Deputy Chairman of the Rajya Sabha.

What is the significance of the role of the Vice

President as Chairman of the Rajya Sabha?

The Vice President of India serves as the ex-officio Chairman of the

Rajya Sabha, the upper house of the Indian Parliament.

 As Chairman, the Vice President presides over the sessions of the

Rajya Sabha, maintains order and decorum in the chamber, and

ensures that the rules and procedures of the house are

followed.
 Though he is not a member of the house, the Vice President can
vote in the Rajya Sabha in the case of a tie.

 The Vice President also appoints the Chairman and members of the
Rajya Sabha's various committees.

 Consideration of motion of removing supreme court or high court

judge depends upon the chairman of Rajya Sabha.