The Vice President of India: An Overview of the Constitutional Post

The Vice President of India is the second highest constitutional office in the country, after the President of India. He or she is also the ex-officio Chairman of the Rajya Sabha, the upper house of the Parliament of India. The Vice President plays a vital role in the Indian polity, as he or she acts as the President in the absence or vacancy of the President, and also participates in the legislative process as the presiding officer of the Rajya Sabha. In this blog, we will discuss the various aspects of the Vice President of India, such as the post, the powers and functions, the election, the qualification, the term, the role, and the removal of the Vice President. We will also provide some multiple choice questions (MCQs) and descriptive questions with answers for the UPSC CSE aspirants to test their knowledge and understanding of the topic.

The Post of Vice President of India

The post of Vice President of India is created by Article 63 of the Constitution of India, which states that “there shall be a Vice President of India”. The post of Vice President is modelled on the lines of the American Vice President, but with some differences. The Vice President of India is not a member of either house of the Parliament, but he or she is the ex-officio Chairman of the Rajya Sabha. The Vice President does not have any executive or administrative powers, but he or she can exercise the powers and functions of the President in his or her absence or vacancy. The Vice President is also the first in the line of succession to the presidency, in case of death, resignation, impeachment, or removal of the President.

Powers and Functions of Vice President of India

The powers and functions of the Vice President of India can be broadly classified into three categories:

• Executive powers and functions

• Legislative powers and functions

• Emergency powers and functions

Executive Powers and Functions

The executive powers and functions of the Vice President of India are as follows:

• The Vice President acts as the President of India in the event of the vacancy of the office of the President by reason of his or her death, resignation, impeachment, or removal, or otherwise, until a new President is elected and enters upon his or her office. This is provided by Article 65 of the Constitution of India.

• The Vice President also acts as the President of India when the President is unable to discharge his or her functions due to absence, illness, or any other cause, until the President resumes his or her duties. This is also provided by Article 65 of the Constitution of India.

• The Vice President can appoint a person to act as the Chairman of the Rajya Sabha when he or she acts as the President of India or is otherwise unable to perform the duties of the Chairman of the Rajya Sabha. This is provided by Article 67(b) of the Constitution of India.

Legislative Powers and Functions

The legislative powers and functions of the Vice President of India are as follows:

• The Vice President is the ex-officio Chairman of the Rajya Sabha, the upper house of the Parliament of India. He or she presides over the sessions of the Rajya Sabha and regulates its proceedings. He or she maintains order and decorum in the house and enforces the rules of procedure. He or she also decides the admissibility of motions, resolutions, amendments, questions, and points of order. He or she also has the power to adjourn or suspend the sitting of the house in case of disorder or emergency. This is provided by Article 64 of the Constitution of India and the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha).

• The Vice President has a casting vote in the Rajya Sabha in case of a tie, but he or she does not have a right to vote in the first instance. This is provided by Article 100(1) of the Constitution of India and Rule 252 of the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha).

• The Vice President can address either house of the Parliament or both houses assembled together, or send messages to either house or both houses on any matter of public importance or on any bill pending in the Parliament. He or she can also summon or prorogue the Rajya Sabha or dissolve the Lok Sabha, when he or she acts as the President of India. This is provided by Articles 86 and 85 of the Constitution of India respectively.

Emergency Powers and Functions

The emergency powers and functions of the Vice President of India are as follows:

• The Vice President can proclaim a state of emergency under Article 352 of the Constitution of India, when he or she acts as the President of India, if he or she is satisfied that a grave situation has arisen whereby the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion. The proclamation of emergency must be approved by both houses of the Parliament within one month and can remain in force for six months, unless revoked earlier by the Vice President or the Parliament. During the emergency, the Vice President can suspend the fundamental rights of the citizens (except the right to life and personal liberty) and extend the life of the Lok Sabha beyond its normal term of five years. The Vice President can also issue directions to the states regarding the manner in which their executive power is to be exercised and the laws to be made by them. The Vice President can also modify the distribution of revenues between the union and the states during the emergency.

• The Vice President can proclaim a state of failure of constitutional machinery under Article 356 of the Constitution of India, when he or she acts as the President of India, if he or she is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. The proclamation of failure of constitutional machinery must be approved by both houses of the Parliament within two months and can remain in force for six months, unless revoked earlier by the Vice President or the Parliament. During the failure of constitutional machinery, the Vice President can assume to himself or herself all or any of the functions of the state government or the governor and can declare that the powers of the state legislature are to be exercised by the Parliament. The Vice President can also dissolve the state legislative assembly or keep it in suspended animation.

• The Vice President can proclaim a state of financial emergency under Article 360 of the Constitution of India, when he or she acts as the President of India, if he or she is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of its territory is threatened. The proclamation of financial emergency must be approved by both houses of the Parliament within two months and can remain in force until revoked by the Vice President. During the financial emergency, the Vice President can issue directions to the states to observe certain canons of financial propriety and to reduce the salaries and allowances of all or any class of persons serving in connection with the affairs of the union or the states. The Vice President can also require the states to reserve all money bills and other financial bills for his or her consideration.

Election for the Post of Vice President

The Vice President of India is elected indirectly by an electoral college consisting of the members of both houses of the Parliament, including the nominated members. The election is held in accordance with the system of proportional representation by means of a single transferable vote and the voting is by secret ballot. The election is conducted by the Election Commission of India, which also decides the date, time, and place of the election. The election is held before the expiry of the term of the Vice President or as soon as possible after a vacancy occurs in the office of the Vice President.

The nomination of a candidate for the election of the Vice President must be subscribed by at least 20 electors as proposers and at least 20 electors as seconders. The candidate must also make a security deposit of Rs. 15,000, which is forfeited if he or she fails to secure one-sixth of the valid votes polled. The candidate must also submit an affidavit declaring his or her assets, liabilities, educational qualifications, and criminal antecedents, if any.

The candidate who secures the highest number of votes is declared elected as the Vice President. If there is a tie between two or more candidates, the matter is decided by lot. The returning officer for the election is the Secretary-General of either house of the Parliament, as appointed by the Election Commission.

Qualification for the Post of Vice President

The qualification for the post of Vice President of India is as follows:

• He or she must be a citizen of India.

• He or she must have completed the age of 35 years.

• He or she must be qualified for election as a member of the Rajya Sabha.

• He or she must not hold any office of profit under the union or any state government or any local or other authority, except that of the President or the Vice President or the Governor of any state or the Minister of the union or any state.

Term of Office of Vice President

The term of office of the Vice President of India is five years from the date on which he or she enters upon his or her office. However, he or she can continue to hold office, irrespective of the expiry of his or her term, until his or her successor assumes office.

The Vice President can resign from his or her office by writing to the President of India. The resignation takes effect from the date on which it is accepted by the President.

The Vice President can also be removed from his or her office by a resolution of the Rajya Sabha, passed by a majority of its members at that time and agreed to by the Lok Sabha. The resolution can be moved only after giving at least 14 days’ notice to the Vice President.

The Vice President has the right to appear and be heard in person or by counsel before the Rajya Sabha, before the resolution is put to vote. The removal of the Vice President is provided by Article 67(b) of the Constitution of India.

Role of Vice President of India

The role of the Vice President of India is to act as a bridge between the executive and the legislature, and to uphold the dignity and prestige of the office of the Vice President. The Vice President performs the following functions:

• He or she acts as the President of India in the event of the vacancy of the office of the President by reason of his or her death, resignation, impeachment, or removal, or otherwise, until a new President is elected and enters upon his or her office. He or she also acts as the President of India when the President is unable to discharge his or her functions due to absence, illness, or any other cause, until the President resumes his or her duties. This is provided by Article 65 of the Constitution of India.

• He or she is the ex-officio Chairman of the Rajya Sabha, the upper house of the Parliament of India. He or she presides over the sessions of the Rajya Sabha and regulates its proceedings. He or she maintains order and decorum in the house and enforces the rules of procedure. He or she also decides the admissibility of motions, resolutions, amendments, questions, and points of order. He or she also has the power to adjourn or suspend the sitting of the house in case of disorder or emergency. He or she also has a casting vote in the Rajya Sabha in case of a tie, but he or she does not have a right to vote in the first instance. This is provided by Article 64 of the Constitution of India and the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha).

• He or she can address either house of the Parliament or both houses assembled together, or send messages to either house or both houses on any matter of public importance or on any bill pending in the Parliament. He or she can also summon or prorogue the Rajya Sabha or dissolve the Lok Sabha, when he or she acts as the President of India. This is provided by Articles 86 and 85 of the Constitution of India respectively.

Challenges Faced by the Vice President of India

The Vice President of India faces the following challenges in the discharge of his or her duties:

• He or she has a limited role and authority as compared to the President of India. He or she does not have any executive or administrative powers, but he or she can exercise the powers and functions of the President in his or her absence or vacancy. He or she is also bound by the aid and advice of the Council of Ministers in the exercise of his or her functions, except in the situations where he or she can act on his or her own discretion.

• He or she has to balance his or her dual role as the Vice President of India and the Chairman of the Rajya Sabha. He or she has to maintain the dignity and impartiality of the office of the Vice President, while also ensuring the smooth functioning and cooperation of the Rajya Sabha. He or she has to deal with the issues and challenges faced by the Rajya Sabha, such as frequent disruptions, low attendance, legislative backlog, and lack of representation of the states.

• He or she has to face the political and constitutional uncertainties and crises that may arise in the country. He or she has to act as the President of India in the event of the vacancy or inability of the President, and also deal with the situations of emergency, failure of constitutional machinery, or financial emergency. He or she has to act in accordance with the Constitution and the law, and also respect the will of the people and the mandate of the Parliament.

Significance of the Vice President of India

The significance of the Vice President of India can be understood from the following points:

• He or she is the second highest constitutional dignitary in the country, after the President of India, and enjoys a high status and respect in the society and the polity.

• He or she is the first in the line of succession to the presidency, in case of death, resignation, impeachment, or removal of the President, and ensures the continuity and stability of the office of the President.

• He or she is the ex-officio Chairman of the Rajya Sabha, the upper house of the Parliament, and ensures the smooth functioning and dignity of the house. He or she also represents the interests and views of the states and the federal structure of the country in the Parliament.

• He or she is a part of the Parliament and the legislative process, and can address or send messages to either house of the Parliament or both houses assembled together on any matter of public importance or on any bill pending in the Parliament. He or she can also summon or prorogue the Rajya Sabha or dissolve the Lok Sabha, when he or she acts as the President of India.

• He or she is a link between the executive and the legislature, and acts as a bridge between the President and the Prime Minister, and between the union and the states. He or she also acts as a mediator and a conciliator in case of any conflict or dispute between the organs or the levels of the government.

• He or she is a custodian of the Constitution and the rule of law, and acts in accordance with the Constitution and the law. He or she also respects the will of the people and the mandate of the Parliament, and does not interfere with the democratic process or the legislative authority of the Parliament.

• He or she is a symbol of the nation’s unity and diversity, and represents the nation in the international arena. He or she also maintains friendly relations with other countries and organisations, and promotes the values and interests of the country.

Summary

The Vice President of India is the second highest constitutional office in the country, after the President of India. He or she is also the ex-officio Chairman of the Rajya Sabha, the upper house of the Parliament of India.

The Vice President plays a vital role in the Indian polity, as he or she acts as the President in the absence or vacancy of the President, and also participates in the legislative process as the presiding officer of the Rajya Sabha.

The Vice President is elected indirectly by an electoral college consisting of the members of both houses of the Parliament, including the nominated members.

The Vice President must be a citizen of India, must have completed the age of 35 years, must be qualified for election as a member of the Rajya Sabha, and must not hold any office of profit under the union or any state government or any local or other authority, except that of the President or the Vice President or the Governor of any state or the Minister of the union or any state.

The term of office of the Vice President is five years from the date on which he or she enters upon his or her office.

The Vice President can resign from his or her office by writing to the President of India, or can be removed from his or her office by a resolution of the Rajya Sabha, passed by a majority of its members at that time and agreed to by the Lok Sabha.

The role of the Vice President is to act as a bridge between the executive and the legislature, and to uphold the dignity and prestige of the office of the Vice President.

The Vice President faces the challenges of having a limited role and authority, balancing his or her dual role, and facing the political and constitutional uncertainties and crises that may arise in the country. The Vice President is an important and integral part of the Indian polity and the constitutional system.