Constitutional Provisions Related to the Vice President:
Article 63:
- This article states, “There shall be a Vice President of India.” It establishes the position of the Vice President as a constitutional office.
Article 64
- The Vice President shall be ex-officio Chairman of the Rajya Sabha. However, the Vice President is not a member of the Rajya Sabha or any other house of Parliament.
- Article 65:
- This article outlines the functions of the Vice President as acting President. In the event of the President’s death, resignation, removal, or incapacitation, the Vice President discharges the functions of the President until a new President is elected or the President resumes their duties.
Article 66:
- Election of the Vice President: The Vice President is elected by an electoral college consisting of members of both Houses of Parliament (Lok Sabha and Rajya Sabha). Unlike the election of the President, members of state legislatures do not participate in the election of the Vice President.
- The election is held by proportional representation through a single transferable vote, and voting is done by secret ballot.
- Eligibility: The Vice President must be a citizen of India, at least 35 years of age, and qualified for election as a member of the Rajya Sabha.
Article 67:
- Term of Office: The Vice President holds office for five years. However, the Vice President may:
- Resign by submitting a resignation letter to the President.
- Be removed from office by a resolution of the Rajya Sabha, passed by an absolute majority and agreed to by the Lok Sabha.
Article 68:
- Time of Election to Fill Vacancy: An election to fill a vacancy in the office of the Vice President (due to expiration of the term or otherwise) must be completed before the expiration of the term of the incumbent Vice President. In case of a vacancy caused by death, resignation, or removal, the election must be held as soon as possible.
Article 71:
- Matters relating to the election of Vice President: This article states that any disputes related to the election of the Vice President shall be resolved by the Supreme Court of India. The Supreme Court’s decision in such matters is final.
Other Relevant Provisions:
- Oath of Office: The Vice President takes an oath or affirmation before the President (or someone appointed by the President), promising to bear true faith and allegiance to the Constitution of India.
- Salary and Allowances: The salary and allowances of the Vice President are determined by the Parliament, and as the Chairman of the Rajya Sabha, the Vice President receives the salary payable to the Chairman of the Rajya Sabha.
These provisions ensure the Vice President’s role as a key constitutional officer with specific legislative and ceremonial duties, acting as the link between the legislative and executive branches of the Indian government.
Powers and Functions
The Vice President of India holds an important constitutional office with specific roles and responsibilities. The powers and functions of the Vice President are as follows:
1. Ex-Officio Chairman of the Rajya Sabha (Council of States):
- The primary role of the Vice President is to act as the ex-officio Chairman of the Rajya Sabha (Upper House of Parliament). In this capacity, the Vice President:
- Presides over the sessions of the Rajya Sabha.
- Ensures the smooth conduct of business in the House.
- Decides on points of order during debates.
- Does not vote in the ordinary course of business but has a casting vote in the event of a tie.
2. Acting as President in the Absence of the President:
- The Vice President assumes the role of the President in the following situations:
- When the office of the President falls vacant due to death, resignation, impeachment, or otherwise, the Vice President acts as the President until a new President is elected.
- When the President is unable to discharge duties due to absence, illness, or any other reason.
- During this period, the Vice President exercises all the powers and functions of the President.
3. Diplomatic and Ceremonial Functions:
- The Vice President may represent India at diplomatic events, state functions, and international gatherings in the absence or on behalf of the President.
4. Other Duties Assigned by the President:
- The Vice President may be assigned specific duties by the President, depending on the requirements of the office.
Limitations:
- The Vice President has no specific executive powers or direct influence over policy decisions, except when acting as President.
- The Vice President’s primary responsibility is limited to functioning as the Chairman of the Rajya Sabha, and the role is largely ceremonial outside this function.
In summary, the Vice President’s most significant role is presiding over the Rajya Sabha, and stepping in as Acting President when required.