The Vice-President of India is the second-highest constitutional authority in the country, after the President. The office of the Vice-President is established under Article 63 of the Constitution of India.
The office is broadly inspired by the Vice-President of the United States, particularly because the Indian Vice-President, like the US Vice-President, functions as the Chairman of the Upper House of Parliament.
1. Constitutional Position
- Article 63 provides for the office of the Vice-President of India.
- The Vice-President holds the second-highest constitutional position in the country.
- Under the Warrant of Precedence, the Vice-President ranks immediately after the President.
- The Vice-President has two principal constitutional roles:
- To serve as the ex-officio Chairman of the Rajya Sabha.
- To act as the President or discharge the President’s functions under specified circumstances.
2. Election of the Vice-President
The Vice-President is not directly elected by the people. Instead, he/she is elected indirectly by an electoral college comprising members of both Houses of Parliament.
Composition of the Electoral College
The electoral college consists of:
- Elected members of the Lok Sabha
- Nominated members of the Lok Sabha
- Elected members of the Rajya Sabha
- Nominated members of the Rajya Sabha
Vice-Presidential Election vs Presidential Election
| Presidential Election | Vice-Presidential Election |
| Includes elected MPs and elected MLAs of States and eligible UTs | Includes only members of both Houses of Parliament |
| Nominated MPs do not participate | Nominated MPs also participate |
| Elected members of State Legislative Assemblies participate | State Legislative Assemblies do not participate |
Method of Election
The Vice-President is elected through:
- Proportional Representation
- Single Transferable Vote (STV)
- Secret Ballot
Any dispute or doubt concerning the election of the Vice-President is decided by the Supreme Court of India, and its decision is final.
3. Constitutional Provisions
| Article | Subject |
| Article 63 | Provides for the office of the Vice-President |
| Article 64 | Vice-President as the ex-officio Chairman of the Rajya Sabha |
| Article 65 | Vice-President to act as President or discharge the President’s functions |
| Article 66 | Election of the Vice-President |
| Article 67 | Term of office |
| Article 68 | Election to fill a vacancy in the office of Vice-President |
| Article 69 | Oath or affirmation of the Vice-President |
| Article 70 | Discharge of the President’s functions in other contingencies |
| Article 71 | Matters relating to the election of the President and Vice-President |
4. Qualifications
A person must satisfy the following conditions to be eligible for election as Vice-President:
- Must be a citizen of India.
- Must have completed 35 years of age.
- Must be qualified to become a member of the Rajya Sabha.
- Must not hold any office of profit under the Government of India, a State Government, a local authority or any other public authority.
5. Oath or Affirmation
Before assuming office, the Vice-President must take an oath or affirmation.
Through the oath, the Vice-President undertakes to:
- Maintain true faith and allegiance to the Constitution of India.
- Faithfully perform the duties of the office.
The oath is administered by the President or a person appointed by the President for this purpose.
6. Conditions of Office
The Constitution specifies certain conditions regarding the office of the Vice-President:
- The Vice-President cannot simultaneously be a member of either House of Parliament.
- The Vice-President cannot be a member of a State Legislature.
- If an MP or MLA is elected as Vice-President, his/her seat is considered vacant from the date of assuming office.
- The Vice-President cannot hold any other office of profit.
7. Term of Office
- The Vice-President holds office for a period of five years from the date of assuming office.
- He/she may resign at any time by submitting the resignation to the President.
- Even after completing five years, the Vice-President continues in office until the successor assumes charge.
- The Vice-President is eligible for re-election.
- There is no constitutional limit on the number of terms for which a person can be elected Vice-President.
8. Vacancy in the Office
The office of the Vice-President may fall vacant due to:
- Expiry of the five-year term
- Resignation
- Removal
- Death
- Any other reason, such as disqualification or the election being declared void
Filling a Vacancy
When the vacancy arises due to resignation, removal, death or any other reason, an election to fill the vacancy must be conducted as soon as possible.
The person elected to fill such a vacancy serves a complete five-year term from the date of assuming office.
9. Removal of the Vice-President
The Vice-President may be removed before the completion of the five-year term.
Unlike the President, the Vice-President is not removed through an impeachment procedure.
Procedure for Removal
- A removal resolution can be introduced only in the Rajya Sabha.
- It must be passed by a majority of all the then members of the Rajya Sabha, known as an effective majority.
- The resolution must then be agreed to by the Lok Sabha by a simple majority.
- A minimum of 14 days’ notice must be given before such a resolution is moved.
10. Powers and Functions
A. Ex-officio Chairman of Rajya Sabha
The Vice-President serves as the ex-officio Chairman of the Rajya Sabha.
In this capacity, the Vice-President:
- Presides over the meetings of the Rajya Sabha.
- Maintains order and discipline in the House.
- Ensures compliance with parliamentary rules and procedures.
- Decides points of order.
- Performs functions relating to the proceedings and committees of the Rajya Sabha as provided by the Constitution and parliamentary rules.
Voting Power
The Vice-President, as Chairman of the Rajya Sabha, does not vote during the first instance.
However, when there is an equality of votes, the Chairman can exercise a casting vote.
11. Role as Acting President
The Vice-President can perform the functions of the President in certain situations.
When the Office of President Becomes Vacant
The Vice-President acts as President when the office becomes vacant due to:
- Death
- Resignation
- Removal
- Any other reason
When the President is Temporarily Unable to Function
The Vice-President may also discharge the functions of the President when the President is temporarily unable to perform his/her duties because of:
- Absence
- Illness
- Any other reason
Important Provision
While acting as President or discharging the President’s functions:
- The Vice-President does not perform the duties of the Chairman of the Rajya Sabha.
- These duties are performed by the Deputy Chairman of the Rajya Sabha.
If a vacancy occurs in the office of President, the election of a new President must be conducted within six months.
12. Vice-President of India and Vice-President of USA
| India | USA |
| Indirectly elected by members of both Houses of Parliament | Elected along with the President |
| Serves as ex-officio Chairman of the Rajya Sabha | Serves as President of the Senate |
| Does not automatically become President permanently when the office falls vacant | Becomes President when the presidency becomes vacant |
| Acts as President temporarily until a new President is elected | Serves the remainder of the predecessor’s term |
| Primarily has a legislative role as Chairman of Rajya Sabha along with a constitutional role as acting President | Primarily forms part of the executive branch while also presiding over the Senate |
13. Significance of the Vice-President
The Vice-President occupies a unique position because the office combines legislative and executive responsibilities.
As Chairman of Rajya Sabha
The Vice-President ensures the orderly and effective functioning of the Upper House of Parliament.
As Acting President
The Vice-President ensures continuity in the functioning of the Union executive when the President is temporarily unable to perform his/her duties or when the office of President becomes vacant.
Therefore, the Vice-President plays an important role in maintaining constitutional continuity and institutional stability.
