Vice president of India Upsc

Vice President of India Election Process

The election process for the Vice President of India is outlined in the Constitution of India (Article 66). Here are the key aspects of the election process:

  1. Eligibility:
    • To be eligible for the office of the Vice President, a candidate must be a citizen of India.
    • The candidate must have completed at least 35 years of age.
    • Other qualifications are similar to those required for a member of the Rajya Sabha (Council of States).
  2. Nominations:
    • The election is conducted by an electoral college consisting of members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
    • Candidates need to be nominated by at least 20 electors as proposers and at least 20 electors as seconders.
  3. Scrutiny of Nominations:
    • The nominations are scrutinized by the Returning Officer, who is appointed by the Election Commission of India.
    • The Returning Officer examines the nominations to ensure they meet the eligibility criteria.
  4. Withdrawal of Nominations:
    • Candidates have the option to withdraw their nominations before a specified date.
    • If only one candidate is remaining after the withdrawal, that candidate is declared elected without a contest.
  5. Voting:
    • Members of the electoral college, which includes elected and nominated members of both Houses of Parliament, cast their votes.
    • Each member’s vote is weighted based on the population of the state or union territory they represent.
  6. Election Method:
    • The election is conducted through a single transferable vote system.
    • Members rank the candidates in order of preference.
  7. Quota and Distribution of Votes:
    • To win, a candidate must secure a certain quota of votes calculated based on the total number of valid votes cast and the number of candidates.
    • If no candidate achieves the required quota in the first round, the candidate with the least number of votes is eliminated, and their votes are transferred to the second preference.
  8. Declaration of Result:
    • The candidate who attains the required quota of votes is declared elected as the Vice President of India.

The Vice President of India serves a term of five years and is eligible for re-election. This election process ensures representation from across the country and reflects the federal nature of India’s political system.

Vice President of India Qualification and Eligibility

The qualifications and eligibility criteria for the office of the Vice President of India are specified in the Constitution of India, particularly in Article 66. Here are the key points regarding the qualifications and eligibility for the Vice President:

  1. Citizenship:
    • The candidate must be a citizen of India.
  2. Age:
    • The candidate must have completed at least 35 years of age.
  3. Qualifications for Membership of Rajya Sabha:
    • The Vice President is the ex-officio Chairman of the Rajya Sabha (Council of States).
    • Therefore, the candidate must qualify for membership of the Rajya Sabha.
    • The qualifications for Rajya Sabha membership include being a citizen of India, not less than 30 years of age, and possessing other qualifications as prescribed by Parliament.
  4. Disqualifications:
    • A person cannot be a candidate for the office of the Vice President if they are disqualified for being chosen as, or for being, a member of either House of Parliament under the provisions of the Tenth Schedule (Anti-Defection Law).

It’s important to note that the Vice President is elected by an electoral college consisting of members of both Houses of Parliament. The electoral college includes elected and nominated members of Lok Sabha (House of the People) and Rajya Sabha.

The Vice President serves a term of five years and is eligible for re-election. The qualifications and eligibility criteria ensure that the Vice President is an individual who meets certain basic requirements and is capable of representing the country in the capacity of the ex-officio Chairman of the Rajya Sabha.

Term of office

The term of office for the Vice President of India is five years. The Vice President is elected by an electoral college consisting of members of both Houses of Parliament, including elected and nominated members of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The Vice President can be re-elected for additional terms if they choose to contest again and win the election.

It’s worth noting that the Vice President’s role includes serving as the ex-officio Chairman of the Rajya Sabha, one of the two houses of the Indian Parliament. The Vice President’s term aligns with the duration of each session of Parliament, and the election for the Vice President usually takes place a few months before the expiry of the term to ensure a smooth transition and continuity in the functioning of the office.

Removal and impeachment process

The Constitution of India provides provisions for the removal and impeachment of the Vice President. The removal process is outlined in Article 67, and it is distinct from the process for the removal of the President. Here are the key points regarding the removal and impeachment process of the Vice President of India:

  1. Resolution for Removal:
    • A resolution for the removal of the Vice President can be initiated in either House of Parliament (Lok Sabha or Rajya Sabha).
    • The resolution must be supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting.
  2. Joint Sitting of Both Houses:
    • If the resolution is adopted by one House, it is then sent to the other House.
    • If the second House also passes the resolution with a similar majority, the Vice President can be removed.
  3. Impeachment Proceedings:
    • The process is often referred to as impeachment, although the term “impeachment” is not explicitly used in the Indian Constitution in the context of the Vice President.
    • The process is similar to the impeachment of the President but distinct from it.
  4. Grounds for Removal:
    • The Vice President can be removed from office on grounds of violation of the Constitution or gross misconduct.
    • Unlike the President, there is no provision for the Vice President to be removed on the ground of violation of the Constitution by the process of impeachment.
  5. Role of the President:
    • The President does not have a direct role in the removal process of the Vice President.
    • The President does not have the power to suspend the Vice President during the impeachment process.

It’s important to note that the removal process for the Vice President is a serious constitutional matter and is intended to address situations where there are substantial grounds for removal based on constitutional violations or gross misconduct. The process is designed to ensure a careful and thorough examination of the charges against the Vice President.

Constitutional Role

Constitution Provisions

The constitutional provisions related to the Vice President of India are primarily outlined in Part V (The Union) of the Constitution of India. The relevant articles that specify the role, powers, and responsibilities of the Vice President include:

  1. Article 63: The Vice President of India:
    • This article establishes the office of the Vice President of India.
    • It states that there shall be a Vice President of India who shall be elected by the members of an electoral college consisting of members of both Houses of Parliament.
  2. Article 64: The Vice President to be ex-officio Chairman of the Council of States:
    • This article designates the Vice President as the ex-officio Chairman of the Rajya Sabha (Council of States).
    • It outlines the duties of the Vice President in the functioning of the Rajya Sabha.
  3. Article 65: The Vice President to act as President or to discharge his functions during casual vacancies in the office, or the absence, of the President:
    • This article stipulates that in the event of a vacancy in the office of the President or during the President’s absence, the Vice President shall act as the President.
  4. Article 66: Election of Vice President:
    • This article details the method of election of the Vice President.
    • It specifies the composition of the electoral college and the procedure for the election.
  5. Article 67: Term of office of Vice President:
    • Article 67 defines the term of office of the Vice President, stating that the Vice President holds office for a term of five years.
  6. Article 68: Time of holding election to fill a vacancy in the office of Vice President and the term of office of the person elected to fill the casual vacancy:
    • This article provides details about the timing of elections to fill a vacancy in the office of the Vice President and the term of office for a person elected to fill a casual vacancy.
  7. Article 69: Oath or affirmation by the Vice President:
    • Article 69 outlines the oath or affirmation that the Vice President is required to take before entering the office.
  8. Article 70: Discharge of President’s functions in other contingencies:
    • This article specifies the circumstances under which the Vice President can discharge the functions of the President in cases other than a vacancy or absence.

These constitutional provisions collectively define the role, election process, powers, and responsibilities of the Vice President of India within the constitutional framework of the country.

Powers and Functions

The Vice President of India has several powers and functions, and these are outlined in the Constitution of India. The primary role of the Vice President is to serve as the ex-officio Chairman of the Rajya Sabha (Council of States). Here are the key powers and functions of the Vice President:

  1. Chairman of the Rajya Sabha:
    • The Vice President is 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, maintaining order and decorum.
  2. Casting Vote:
    • In the case of a tie during voting in the Rajya Sabha, the Vice President has the casting vote. This means that the Vice President can cast an additional vote to break the tie.
  3. Presiding over Joint Sessions:
    • The Vice President presides over joint sessions of both Houses of Parliament when they are convened by the President to address certain matters, such as the President’s address or a joint sitting to resolve a deadlock between the two Houses.
  4. Appointment of Deputy Chairman:
    • The Vice President appoints a Deputy Chairman of the Rajya Sabha from amongst its members. The Deputy Chairman presides over the sessions in the absence of the Vice President.
  5. Committee on the Functioning of the Rajya Sabha:
    • The Vice President is empowered to appoint a committee to review the functioning of the Rajya Sabha and suggest improvements.
  6. Role in the President’s Absence:
    • In the absence of the President, the Vice President discharges the functions of the President. However, the Vice President cannot perform the executive functions of the President.
  7. Role in the Event of a Casual Vacancy:
    • In the event of a vacancy in the office of the President or when the President is unable to discharge their functions due to illness or any other reason, the Vice President acts as the President.
  8. Oath or Affirmation:
    • The Vice President takes an oath or affirmation before entering upon the office, as specified in Article 69 of the Constitution.

It’s important to note that the Vice President’s powers are primarily associated with the functioning of the Rajya Sabha and certain constitutional roles in the absence or temporary incapacity of the President. Unlike the President, the Vice President does not have significant executive powers.

Relationship with the President

The Vice President of India and the President have distinct roles and powers as outlined in the Constitution of India. While both positions are integral to the functioning of the government, their responsibilities are separate, and the Vice President’s role is more closely tied to the legislative branch. Here’s an overview of the relationship between the Vice President and the President of India:

  1. Succession to the Presidency:
    • In the event of a vacancy in the office of the President due to resignation, death, or removal, the Vice President assumes the role of the President until a new President is elected.
    • The Vice President, however, does not exercise the executive powers of the President while performing these duties and cannot take certain actions without the President’s concurrence.
  2. Presiding Officer of the Rajya Sabha:
    • The Vice President serves as the ex-officio Chairman of the Rajya Sabha, the upper house of the Parliament of India.
    • While the President represents the ceremonial and executive head of the country, the Vice President’s role in the Rajya Sabha is more focused on the legislative process.
  3. Distinct Powers and Functions:
    • The President has significant executive powers, including the power to appoint the Prime Minister, dissolve the Lok Sabha (House of the People), and promulgate ordinances, among other executive functions.
    • The Vice President, on the other hand, has legislative functions, including presiding over the Rajya Sabha, casting votes in the case of ties, and participating in the legislative process.
  4. Independent Offices:
    • The President and Vice President are independently elected. They are not running on a joint ticket and are elected by separate electoral colleges.
    • The Vice President is not a part of the President’s cabinet and does not have a direct role in the day-to-day executive administration.
  5. Constitutional Independence:
    • Both offices derive their powers and functions directly from the Constitution of India. While the Vice President has certain constitutional responsibilities in the legislative sphere, the President has broader constitutional duties that include the exercise of executive powers.

In summary, the Vice President and the President of India have distinct constitutional roles, with the Vice President primarily serving as the ex-officio Chairman of the Rajya Sabha and as a constitutional successor to the President in certain circumstances. Their relationship is defined by the constitutional framework and the separation of powers between the executive and legislative branches of the government.

Role in the Absence of the President

The Vice President of India plays a crucial role in the absence of the President. In such situations, the Vice President is tasked with discharging the functions of the President. The relevant constitutional provisions outlining the Vice President’s role in the absence of the President are detailed in Article 65 of the Constitution of India. Here are the key aspects:

  1. Acting as President during Temporary Absence:
    • When the President of India is temporarily unable to discharge their duties due to absence, illness, or any other cause, the Vice President is entrusted with acting as the President.
  2. Discharging Executive Functions:
    • During the President’s temporary absence, the Vice President takes on the responsibilities of the President in terms of discharging executive functions.
    • However, it’s important to note that the Vice President does not assume the title of the President; they are simply performing the functions of the President.
  3. Limited Scope of Powers:
    • While the Vice President takes on the executive functions of the President in the latter’s absence, there are certain powers that the Vice President cannot exercise without the concurrence of the President. This includes the power to pardon or commute a death sentence, the power to dissolve the Lok Sabha (House of the People), and the power to issue ordinances.
  4. Temporary Nature of the Role:
    • The Vice President’s assumption of the President’s functions during the President’s absence is temporary and is designed to ensure the smooth functioning of the executive branch even in the President’s temporary incapacity.
  5. No Automatic Succession in Case of a Permanent Vacancy:
    • It’s important to distinguish between the Vice President’s role during the temporary absence of the President and the Vice President’s role in case of a permanent vacancy in the office of the President. In the latter case, the Vice President becomes the President until a new President is elected.

The constitutional provisions ensure continuity and stability in the functioning of the executive branch by providing a designated individual, the Vice President, to step in and perform the necessary functions when the President is temporarily unable to do so.

Rajya Sabha Chairman

Ex-officio Chairman

The Vice President of India serves as the ex-officio Chairman of the Rajya Sabha (Council of States), which is the upper house of the Parliament of India. The role of the ex-officio Chairman involves presiding over the sessions of the Rajya Sabha and performing various functions related to the legislative process. Here are the key aspects of the Vice President’s role as the ex-officio Chairman:

  1. Presiding over Sessions:
    • The ex-officio Chairman presides over the sittings of the Rajya Sabha. This involves maintaining order in the house, ensuring that parliamentary procedures are followed, and facilitating discussions and debates.
  2. Casting Vote:
    • In the case of a tie during a vote in the Rajya Sabha, the ex-officio Chairman (Vice President) has the casting vote. This means that they can cast an additional vote to break the tie.
  3. Appointment of Deputy Chairman:
    • The Vice President appoints a Deputy Chairman of the Rajya Sabha from amongst its members. The Deputy Chairman presides over the sessions in the absence of the ex-officio Chairman.
  4. Committee on the Functioning of the Rajya Sabha:
    • The Vice President has the authority to appoint a committee to review the functioning of the Rajya Sabha and to suggest improvements.
  5. Role in Legislation:
    • While the ex-officio Chairman doesn’t participate in the day-to-day legislative process as a regular member, they play a significant role in guiding discussions, deciding on points of order, and ensuring the smooth conduct of business in the Rajya Sabha.
  6. Representation in Diplomatic Functions:
    • The Vice President, in their capacity as the ex-officio Chairman, may represent the Rajya Sabha and, by extension, India, in diplomatic and ceremonial functions.

It’s important to note that the ex-officio Chairman’s role in the Rajya Sabha is distinct from the Vice President’s role in the executive branch. The Vice President may also perform the functions of the President in certain circumstances, as outlined in the Constitution. However, when acting as the Chairman of the Rajya Sabha, the Vice President focuses on the legislative responsibilities associated with that position.

Role in the parliamentary system

The role of the Vice President of India in the parliamentary system is multifaceted and is primarily associated with the legislative branch. The Vice President serves as the ex-officio Chairman of the Rajya Sabha (Council of States), which is the upper house of the Parliament of India. Here are the key aspects of the Vice President’s role in the parliamentary system:

  1. Presiding Over the Rajya Sabha:
    • The Vice President presides over the sessions of the Rajya Sabha as the ex-officio Chairman. This involves maintaining order during debates, deciding on points of order, and ensuring that parliamentary procedures are followed.
  2. Casting Vote:
    • In the event of a tie during a vote in the Rajya Sabha, the Vice President, in their capacity as the ex-officio Chairman, has the casting vote. This means they can cast an additional vote to break the tie.
  3. Guiding Legislative Proceedings:
    • The ex-officio Chairman plays a crucial role in guiding the legislative proceedings of the Rajya Sabha. They facilitate discussions, decide on procedural matters, and contribute to the efficient functioning of the house.
  4. Committees and Special Powers:
    • The Vice President has the authority to appoint committees, such as the Committee on the Functioning of the Rajya Sabha, to review and suggest improvements in the functioning of the house.
  5. Deputy Chairman Appointment:
    • The Vice President appoints a Deputy Chairman of the Rajya Sabha from amongst its members. The Deputy Chairman presides over the sessions in the absence of the ex-officio Chairman.
  6. Representation in Diplomatic Functions:
    • The Vice President, in their capacity as the ex-officio Chairman, may represent the Rajya Sabha and, by extension, India, in diplomatic and ceremonial functions.
  7. Role in Joint Sessions:
    • The Vice President presides over joint sessions of both Houses of Parliament when they are convened by the President to address certain matters, such as the President’s address or a joint sitting to resolve a deadlock between the two Houses.

It’s important to note that the Vice President’s role in the parliamentary system is distinct from the President’s role in the executive branch. While the Vice President may also perform the functions of the President during the latter’s temporary absence, the primary focus is on the legislative responsibilities associated with the position of the ex-officio Chairman of the Rajya Sabha.

Tie-breaking vote

The Vice President of India, in their capacity as the ex-officio Chairman of the Rajya Sabha (Council of States), holds a crucial role when it comes to voting in the event of a tie. The tie-breaking vote is one of the distinctive powers granted to the Chairman, who is the Vice President. Here’s how the tie-breaking vote works:

  1. Casting Vote in Case of a Tie:
    • When a vote is taken on any matter in the Rajya Sabha, and the result is a tie, meaning an equal number of votes on both sides, the Chairman (Vice President) has the casting vote.
  2. Use of the Casting Vote:
    • The casting vote allows the Chairman to cast an additional vote to break the tie and determine the outcome of the vote.
  3. Importance in Decision-Making:
    • The casting vote is significant in situations where there is an even split among members on a particular issue. It ensures that a decision is reached and prevents a deadlock.
  4. Exercise of Discretion:
    • The Chairman has the discretion to exercise the casting vote as they see fit. In most cases, the Chairman may choose to maintain the status quo or vote in a way that aligns with their views on the matter.
  5. Implications for Legislation:
    • The use of the casting vote can have significant implications, especially in the context of legislation and policy decisions. It can determine whether a bill is passed or defeated.
  6. Uncommon Occurrence:
    • While tie votes are relatively uncommon, they can happen, particularly on contentious issues where opinions are divided.

It’s worth noting that the casting vote is specific to the role of the Chairman in the Rajya Sabha and is not applicable to the Vice President’s role in the executive branch. The Vice President’s position as the ex-officio Chairman allows for a balanced and decisive role in parliamentary proceedings, contributing to the effective functioning of the legislative process in the Rajya Sabha.

Legislative Functions

The Vice President of India, in their capacity as the ex-officio Chairman of the Rajya Sabha (Council of States), has important legislative functions. These functions are centered around presiding over the sessions of the Rajya Sabha and ensuring the smooth conduct of legislative business. Here are the key legislative functions of the Vice President:

  1. Presiding Over Sessions:
    • The primary legislative function of the Vice President is to preside over the sittings of the Rajya Sabha. As the ex-officio Chairman, they occupy the presiding officer’s chair and maintain order during debates and discussions.
  2. Deciding on Points of Order:
    • The Chairman has the authority to decide on points of order raised by members. Points of order relate to the interpretation of parliamentary rules and procedures.
  3. Facilitating Debates and Discussions:
    • The Chairman plays a crucial role in facilitating debates and discussions on various matters brought before the Rajya Sabha. They ensure that members have an opportunity to express their views and that parliamentary procedures are followed.
  4. Casting Vote:
    • In the event of a tie during voting on any matter, the Chairman, who is the Vice President, has the casting vote. This allows them to break the tie and determine the outcome of the vote.
  5. Appointing Committees:
    • The Vice President has the authority to appoint committees, such as the Committee on the Functioning of the Rajya Sabha, to review and suggest improvements in the functioning of the house.
  6. Joint Sessions and Special Occasions:
    • The Chairman presides over joint sessions of both Houses of Parliament when they are convened by the President. This includes occasions such as the President’s address and joint sittings to resolve disagreements between the two Houses.
  7. Dissolution of the Rajya Sabha:
    • The Vice President, as the ex-officio Chairman, does not have the power to dissolve the Rajya Sabha. Unlike the Lok Sabha, the Rajya Sabha is a permanent body, and one-third of its members retire every two years.

While the Vice President’s legislative functions are primarily associated with the Rajya Sabha, it’s important to note that the Vice President is not a member of either house and does not participate in the day-to-day legislative process as a regular member. The role is more focused on presiding over sessions, maintaining order, and ensuring the effective functioning of the Rajya Sabha.

Conclusion

In conclusion, the Vice President of India holds a significant and multifaceted role within the country’s constitutional framework. Serving as the ex-officio Chairman of the Rajya Sabha, the Vice President plays a pivotal role in the legislative process, presiding over sessions, ensuring the smooth conduct of debates, and exercising a casting vote in the event of a tie. The Vice President’s responsibilities extend beyond the legislative sphere, with the authority to appoint committees and represent the Rajya Sabha in diplomatic and ceremonial functions.

Additionally, in the absence of the President, the Vice President assumes the responsibilities of the President, performing executive functions on a temporary basis. The Vice President is an important constitutional officeholder, contributing to the checks and balances in the Indian political system. The eligibility criteria, election process, and term of office are defined by the Constitution, emphasizing the importance of experience, age, and citizenship for those aspiring to this position.

While the Vice President’s role is distinct from that of the President, the two offices are interconnected, ensuring continuity in leadership and the functioning of the government. The Vice President’s unique position as a constitutional successor to the President underscores the significance of this role in maintaining stability and efficiency in the highest echelons of Indian governance. Overall, the Vice President’s role reflects the careful design of the constitutional framework, balancing legislative and executive functions to contribute to the democratic governance of the nation.

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* * All the Notes in this blog, are referred from Tamil Nadu State Board Books and Samacheer Kalvi Books. Kindly check with the original Tamil Nadu state board books and Ncert Books.
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