1. Constitutional Basis and Position
- Constitutional Model: On the pattern of the Constitution of the USA, the Indian Constitution provides for the office of the Vice-President of India under Article 63.
- Precedence: The Vice-President of India occupies the second highest office in the country.
- Union Executive Component: Along with the President, the Council of Ministers, and the Cabinet headed by the Prime Minister, the Vice-President forms part of the Union Executive.
- Constitutional Articles: Articles 63 to 70 of the Indian Constitution deal with the ‘Vice-President’.
- Source Influence: Provisions relating to the removal and post of the Vice-President were adopted/inspired from the US Constitution.
- Apex Body: The Vice President of India is listed among the Union Government Apex Bodies.
2. Qualifications
To be eligible for election to the office of Vice-President, a person:
- Must be a citizen of India.
- Must have completed the age of thirty-five (35) years.
- Must be eligible for election as a member of the Rajya Sabha.
- Must not hold any office of profit.
- In this connection, provisions similar to those relating to the President apply.
3. Election Procedure
- Electoral Body: The Vice-President is elected by the elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
- Voting Method: The election is held by secret ballot on the basis of the proportional representation system, by means of the single transferable vote.
- Dispute Resolution: In the evaluation exercises, disputes regarding the election of the Vice-President are addressed under the jurisdiction of the Supreme Court.
4. Term of Office, Resignation, and Removal
- Term: The Vice-President is elected for a term of five (5) years.
- Resignation: He/she can voluntarily resign from office before the completion of the term by writing directly to the President.
- Removal Process:
- Can be removed from office if a resolution to that effect is passed by the Rajya Sabha by an absolute majority (special majority) of its members and agreed to by the Lok Sabha by a simple majority.
- Rajya Sabha alone can initiate the removal of the Vice-President.
- At least fourteen (14) days’ notice must be given prior to moving such a resolution.
- The judicial removal procedure by Parliament is referred to as impeachment.
5. Functions and Duties
- Ex-Officio Chairman of Rajya Sabha:
- The Vice-President is the ex-officio Chairman of the Rajya Sabha under Article 64 of the Indian Constitution.
- Presides over the meetings and proceedings of the Rajya Sabha and regulates the House.
- As the presiding officer of the Rajya Sabha, his/her functions and powers are similar to those of the Speaker of the Lok Sabha.
- Salary and Emoluments:
- The Vice-President draws his/her salary specifically in the capacity as the Chairman of the Rajya Sabha, as the Vice-President’s office itself carries no salary.
- Discharge of Presidential Functions / Acting President:
- When a vacancy occurs in the office of the President due to death, resignation, removal, or otherwise, the Vice-President acts as President until a new President is elected.
- The President can also tender resignation directly to the Vice-President.
- The period during which the Vice-President acts as President shall not exceed six (6) months.
- Discharges presidential functions when the sitting President is unable to do so due to absence, illness, or any other cause until the President resumes office.
- While acting as President, the Vice-President does not perform the duties of the Chairman of the Rajya Sabha.
- While acting as President, he/she enjoys all powers and immunities of the President and receives such salary, allowances, and emoluments as may be determined/fixed by Parliament by law.
6. Historical Note
- In the Constituent Assembly of India, two Vice-Presidents were elected: H.C. Mukherjee and V.T. Krishnamachari.
