Chapter 12 : Vice President of India

Introduction

• The role of the Vice-President of India, the second-highest office in the nation, is heavily influenced by the American Vice-Presidential model. The existence of this position is outlined in Article 63 of the Indian Constitution.

Who Is the Vice President?

• Shri Jagdeep Dhankhar is the current Vice President of India, starting from November 27, 2023. Before this role, he held important positions. On that day, he received a warm welcome in Mumbai from dignitaries like Shri Ramesh Bais, the Governor of Maharashtra, and Shri Mangal Prabhat Lodha, Minister, Government of Maharashtra. As Vice President, his job includes leading Rajya Sabha sessions, making sure parliamentary proceedings go smoothly, and handling diplomatic tasks as per the constitutional duties of the Vice President in India.

The Election Process of the Vice President in India

• Unlike the direct election process for many other positions, the Vice-President of India is elected indirectly by an Electoral College. This process bears similarities to the election of the President of India. However, the composition of the electoral colleges for these two offices differs.

The following points highlight the key differences between the electoral colleges for the President and the Vice-President:

1. For the Vice President’s elections, both elected and nominated members from both Houses of Parliament participate. However, in the Presidential elections, nominated members are not included in the electoral college.
2. Unlike the President’s elections, where elected members from state legislative assemblies are part of the electoral college, the states do not participate in the Vice President’s elections.

Note: The principle of ‘Proportional Representation’ through a single transferable vote is used in the Vice President’s elections. This is similar to the method used in the President’s elections.

Eligibility Criteria for the Vice President of India

• Any Indian citizen who is 35 years old or above can qualify to run for the position of Vice President. Additionally, the candidate must be eligible to be elected as a member of the Rajya Sabha. The Vice President of India is not permitted to hold any office of profit. The eligibility criteria for this position align closely with those for the Presidential office.

Who Participates in the Election of the Vice President?

• An electoral college, comprising the following categories of individuals, elects the Vice President. The election method is therefore referred to as an ‘indirect election’. The principle of election used is Proportional Representation by means of a Single Transferable Vote.

1. Elected members from both the Lok Sabha and the Rajya Sabha. 
2. Nominated members from both the Lok Sabha and the Rajya Sabha.

Note:

• The Lok Sabha can have no more than 2 nominated members, while the Rajya Sabha can have up to 12. 
• The State Legislative Assemblies in the case of unilateral legislatures, and the State Legislative Councils along with the Assemblies in the case of bilateral legislatures, do not participate in the election of the Vice President.

Qualifications for the Vice President of India

• Any Indian Citizen who has attained the age of 35 years is eligible to become the Vice-President of India, provided he/she is also qualified to be a Rajya Sabha member. However, he/she should not be a member of either the Lok Sabha or Rajya Sabha. If he/she is elected as Vice President while holding a seat in either house, that seat is deemed to have been vacated on their first day in office. The Vice President is also not allowed to hold any office of profit under the Union Government, State Government, public authority, or local authority.

Note: The following individuals are also eligible to become the Vice President of India:

• The sitting President of India
• The sitting Vice President of India
• Governor of a State
• Members of Parliament/State Legislative Assemblies

Term of Office of the Vice President

• The Vice President holds office for a five-year term from the date he assumes office. However, he can resign before the completion of his term by submitting his resignation to the President. The following are other circumstances under which a vacancy can occur in the office of the Vice President:
• Completion of the five-year term
• Resignation
• Removal from office
• Death
• Voiding of election

Impeachment Process of the Vice President

• Unlike the President of India, who can be formally impeached, there is no formal impeachment process for the Vice President. The Rajya Sabha can simply pass a resolution with a majority, which the Lok Sabha can then approve. Also, unlike the President of India, who can be impeached on the grounds of ‘Violation of the Constitution,’ the Constitution does not specify any grounds for the removal of the Vice President of India.

Note: The Supreme Court is responsible for resolving any disputes related to the election of the Vice President

Powers and Functions of the Vice President

The Vice-President of India has two primary functions:

1. As the ex-officio Chairman of the Rajya Sabha, his powers and functions are similar to those of the Speaker of the Lok Sabha. In this respect, he resembles the American Vice-President, who also serves as the Chairman of the Senate, the Upper House of the American legislature.
2. He steps in as President when a vacancy arises in the Presidential office due to resignation, removal, death, or any other reason. He can act as President for a maximum period of six months, during which a new President must be elected. Additionally, when the sitting President is unable to perform his duties due to absence, illness, or any other reason, the Vice-President fulfils his duties until the President resumes his office.
3. The election of a person as Vice-President cannot be challenged on the grounds that the electoral college was incomplete (i.e., due to any vacancy among the members of the electoral college).
4. If the Supreme Court declares the election of a person as Vice-President void, any acts performed by him before the date of such declaration by the Supreme Court are not invalidated (i.e., they continue to remain in force).

Note: While acting as President or discharging the functions of the President, the Vice-President does not perform the duties of the Chairman of the Rajya Sabha. During this period, the Deputy Chairman of the Rajya Sabha performs these duties.

Articles Pertaining to the Vice Presidents [Article 63 – Article 71]

Articles 63 to 71 of the Indian Constitution deal with the election, qualifications, and removal of the Vice Presidents of India. The table below provides a brief summary of these Articles.