Vice-President – UPSC Notes – Indian Polity

The Vice-President holds the second-highest position in the nation, ranking just below the President according to the official warrant of precedence. This role is inspired by the structure of the American Vice Presidency.

Election of Vice-President

The Vice-President, akin to the president, is elected not directly by the people but through indirect election. He is elected by the members of an electoral college comprising both Houses of Parliament.

Thus, this electoral college differs from the one for the President in two key aspects:

1. It includes both elected and nominated members of Parliament (unlike the President’s electoral college, which includes only elected members).
2. It excludes members of the state legislative assemblies (while the President’s electoral college includes elected members of state legislative assemblies). Explaining this divergence, Dr. B R Ambedkar noted:

“The President is the head of the State, with powers extending to both the Centre and the states. Consequently, it’s crucial for both Parliament and state legislatures to have a voice in his election. However, the Vice-President’s main role is to preside over the council of states. It’s rare for him to temporarily assume the President’s duties. Hence, it doesn’t seem necessary for state legislatures to participate in the Vice-President’s election.”

Nevertheless, the method of election is the same in both cases. Thus, the Vice-President’s election, like the President’s election, follows a system of proportional representation via the single transferable vote, with voting conducted by secret ballot.

Qualifications of Vice-President

To qualify for election as Vice-President, an individual must meet the following criteria:

1. Citizenship of India.
2. Age of at least 35 years.
3. Eligibility for election as a member of the Rajya Sabha.
4. No occupation of any office of profit under the Union government, state government, local authority, or any other public authority.

Vacancy in Office of Vice-President

A vacancy in the Vice-President’s office can arise through various means:

1. Expiry of the five-year tenure.
2. Resignation.
3. Removal.
4. Death.
5. Other circumstances, such as disqualification or void election.

When the sitting Vice-President’s term expires, an election to fill the vacancy must occur before the term ends.

If the vacancy arises due to resignation, removal, death, or other causes, an election to fill it should be promptly conducted. The newly-elected Vice-President serves a complete five-year term from assuming office.

Election Disputes

Any doubts or disputes regarding the election of the Vice-President are examined and settled by the Supreme Court, whose decision is final. The election of a Vice-President cannot be contested on the grounds of an incomplete electoral college (i.e., vacancies among members). If the Supreme Court declares a Vice-President’s election void, actions performed by them before the declaration remain valid.

Powers and Functions of Vice-President

The Vice-President holds dual roles:

1. Ex-officio Chairman of the Rajya Sabha: In this role, their powers and duties resemble those of the Speaker of the Lok Sabha. Similarly, like the American Vice-President, who chairs the Senate, the Vice-President oversees the upper house of the legislature.
2. Acting President: When the President’s office becomes vacant due to resignation, removal, death, or other reasons, the Vice-President assumes the role of President. This interim presidency lasts for a maximum of six months, during which time a new President must be elected. Additionally, if the sitting President is unable to perform their duties due to absence, illness, or other causes, the Vice-President temporarily assumes those responsibilities until the President resumes office.

While fulfilling the duties of President or acting as President, the Vice-President does not carry out the functions of the Rajya Sabha Chairman; instead, these duties are undertaken by the Deputy Chairman of the Rajya Sabha.

Comparison between Indian and American Vice-President

While the Indian Vice-President’s role is inspired by that of the American Vice-President, a notable distinction exists. In the United States, the Vice-President assumes the presidency upon vacancy and serves the remainder of the predecessor’s term. Conversely, in India, the Vice-President does not automatically ascend to the presidency for the unexpired term; rather, they act as President until a new President is inaugurated.

This difference underscores the lack of significant functions assigned to the Vice-President in this capacity, leading some scholars to dub the position as ‘His Superfluous Highness.’ Nonetheless, the creation of this office aims to ensure political continuity within the Indian State.

Emoluments of Vice-President

The Constitution does not specify fixed emoluments for the Vice-President. Instead, they receive a regular salary in their capacity as the ex-officio Chairman of the Rajya Sabha. In 2008, Parliament increased the Chairman’s salary from 40,000 to 1.25 lakh per month. Additionally, the Vice-President is entitled to daily allowances, furnished residence, medical benefits, travel facilities, and other amenities.

During any period when the Vice-President assumes the role of President or fulfills presidential duties, they do not receive the salary or allowance designated for the Chairman of the Rajya Sabha. Instead, they are entitled to the salary and allowance of the President.

Articles of Vice-President

Article No.	Subject
63	The Vice-President of India
64	The Vice-President as Ex-Officio Chairman of the Council of States
65	Acting President: Duties of the Vice-President in Presidential Absence or Vacancy
66	Election Process for the Vice-President
67	Term Duration of the Vice-President’s Office
68	Election Timing and Term for Filling Vice-Presidential Vacancies
69	Swearing-in Ceremony for the Vice-President: Oath or Affirmation
70	Executive Authority in Presidential Contingencies: Vice-President’s Role
71	Matters Regarding Vice-Presidential Elections and Related Procedures

FAQs on Vice-President

1. How is the Vice-President of India elected?
   • The Vice-President of India is elected indirectly, unlike the President, through an electoral college consisting of members of both Houses of Parliament. This college includes both elected and nominated members of Parliament and excludes members of state legislative assemblies. The election follows a system of proportional representation via the single transferable vote, with voting conducted by secret ballot.
2. What are the qualifications required to become Vice-President?
   • To be eligible for election as Vice-President, an individual must be a citizen of India, at least 35 years old, eligible for election as a member of the Rajya Sabha, and cannot hold any office of profit under the Union government, state government, local authority, or any other public authority.
3. How does a vacancy in the office of Vice-President occur?
   • A vacancy in the office of Vice-President can arise due to various reasons, including the expiry of the five-year tenure, resignation, removal, death, disqualification, or void election. If the sitting Vice-President’s term expires, an election to fill the vacancy must occur before the term ends.
4. What happens if there’s a dispute regarding the election of the Vice-President?
   • Any doubts or disputes regarding the election of the Vice-President are examined and settled by the Supreme Court of India, whose decision is final. The election cannot be contested due to vacancies among members of the electoral college. If the Supreme Court declares a Vice-President’s election void, actions performed by them before the declaration remain valid.
5. What are the powers and functions of the Vice-President?
   • The Vice-President serves as the ex-officio Chairman of the Rajya Sabha, with powers and duties resembling those of the Speaker of the Lok Sabha. Additionally, they act as President when the office of the President becomes vacant due to resignation, removal, death, or other reasons, for a maximum of six months until a new President is elected.
6. How does the Indian Vice-President’s role differ from that of the American Vice-President?While both roles are inspired by the American Vice-Presidency, a key distinction is that the Indian Vice-President does not automatically assume the presidency for the unexpired term in case of vacancy. Instead, they act as President until a new President is inaugurated.
7. What emoluments does the Vice-President receive?
   • The Vice-President receives a regular salary in their capacity as the ex-officio Chairman of the Rajya Sabha. Additionally, they are entitled to daily allowances, furnished residence, medical benefits, travel facilities, and other amenities. During any period when they fulfill presidential duties, they receive the salary and allowance of the President.
8. Are there specific articles in the Indian Constitution related to the Vice-President?
   • Yes, several articles in the Indian Constitution pertain to the Vice-President, including Article 63 (The Vice-President of India), Article 64 (The Vice-President as Ex-Officio Chairman of the Council of States), Article 65 (Acting President: Duties of the Vice-President in Presidential Absence or Vacancy), and others detailing election processes, terms, and roles.
9. What is the term duration of the Vice-President’s office?
   • The Vice-President holds office for a term of five years, which can be cut short in case of resignation, removal, death, or other circumstances leading to a vacancy in the office.
10. Can the Vice-President perform the duties of the Rajya Sabha Chairman while acting as President?
    • No, while fulfilling the duties of President or acting as President, the Vice-President does not carry out the functions of the Rajya Sabha Chairman; instead, these duties are undertaken by the Deputy Chairman of the Rajya Sabha.

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