Vice President

1. Constitutional position and dual role

Article 63 establishes the office of Vice-President. Although placed within the Constitution’s chapter on the Union Executive, the office has a predominantly parliamentary role in ordinary circumstances. Under Article 64, the Vice-President is the ex officio Chairman of the Rajya Sabha and cannot hold another office of profit. The Vice-President is neither a member of the Union Council of Ministers nor the President’s routine executive deputy.

The institutional design combines continuity in the presidency with an independent presiding office for the Council of States. Unlike the President, the Vice-President has no ordinary role in appointing ministers, promulgating ordinances or assenting to Bills. These presidential powers become relevant only when the Vice-President acts as President or discharges the President’s functions under Article 65.

The Vice-President is not a member of either House of Parliament. Consequently, being Chairman does not create membership of the Rajya Sabha. Article 89 separately provides for the Rajya Sabha to choose a Deputy Chairman from among its members. This distinction explains why the Vice-President’s qualification, election and removal differ from those of the Deputy Chairman.

• Articles 63–71: office, functions, election, term, vacancies, oath and election disputes.
• Articles 89–92: Chairman, Deputy Chairman and arrangements for presiding over the Rajya Sabha.
• Article 100: voting in Parliament and the presiding officer’s casting vote.

2. Qualifications, nomination and election

Under Article 66, a candidate must be an Indian citizen, have completed 35 years of age, and be qualified for election as a member of the Rajya Sabha. A person holding an office of profit under the Union, a State government, or a local or other authority subject to their control is generally ineligible. However, holding office as President, Vice-President, Governor, or Union or State minister does not by itself attract this disqualification.

The electoral college consists of members of both Houses of Parliament, including nominated members. Members of State Legislative Assemblies and Legislative Councils do not participate. Unlike the presidential election, there is no population-based weighting: every elector’s vote has the same value. The Constitution (Eleventh Amendment) Act, 1961 replaced the original requirement of election at a joint meeting with election by an electoral college.

Voting is by secret ballot using proportional representation through the single transferable vote. Electors indicate preferences; because only one office is being filled, counting involves a quota and transfer of preferences when necessary. Political parties cannot bind electors through a whip in this election. The Election Commission conducts it under the Presidential and Vice-Presidential Elections Act, 1952 and the applicable rules.

A nomination requires at least 20 proposers and 20 seconders from the electoral college, with a security deposit of ₹15,000. Under Article 66(2), an elected MP or State legislator chosen as Vice-President is deemed to vacate the legislative seat upon entering office. Article 71 assigns disputes concerning the election to the Supreme Court, whose decision is final. An election cannot be challenged merely because the electoral college contained a vacancy.

3. Term, oath, resignation and removal

Article 67 prescribes a five-year term from the date of entering office. The Vice-President may continue beyond the term until the successor enters office and is eligible for re-election. Under Article 69, the oath or affirmation is made before the President or a person appointed by the President. It commits the office-holder to bear true faith and allegiance to the Constitution and faithfully discharge the duties of office.

The Vice-President may resign by writing addressed to the President. Removal follows a distinct parliamentary procedure: the Rajya Sabha must pass a resolution by a majority of all its then members, and the Lok Sabha must agree to it. At least 14 days’ notice of the intention to move the resolution is required. No specific grounds for removal are stated in the Constitution.

The Rajya Sabha threshold is commonly called an effective majority: more than half its current membership, excluding vacant seats, rather than merely those present and voting. The Lok Sabha’s agreement requires a simple majority. This is not impeachment and does not require the two-thirds majority applicable to presidential impeachment. Under Article 92, the Chairman cannot preside while the removal resolution is under consideration, but may speak and participate without voting on that resolution or any other matter during those proceedings.

Article 68 requires an election before the incumbent’s term expires. A vacancy caused by death, resignation, removal or otherwise must be filled as soon as possible. The newly elected Vice-President receives a full five-year term from entering office, not merely the predecessor’s unexpired term.

4. Functions as Chairman of the Rajya Sabha

As Chairman, the Vice-President presides over sittings, maintains order, interprets procedural rules and facilitates parliamentary business. The office must balance orderly deliberation with members’ rights to question the executive. Under Article 100, the Chairman does not vote in the first instance but has a casting vote when votes are equally divided. The prohibition on voting during consideration of the Chairman’s removal is an important exception.

The Chairman also decides questions of Rajya Sabha members’ disqualification under the Tenth Schedule, subject to judicial review. In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court upheld the anti-defection framework while recognising judicial review of presiding officers’ decisions. By contrast, disputes involving disqualification under Article 102(1) are decided by the President under Article 103, according to the Election Commission’s opinion.

The Chairman does not certify Money Bills; that constitutional power belongs to the Lok Sabha Speaker under Article 110. Nor does the Chairman ordinarily preside over a joint sitting of Parliament. These distinctions are frequent sources of confusion in objective questions.

5. Presidential succession and institutional continuity

Article 65 distinguishes a vacancy in the presidency from temporary inability to perform presidential functions. Following the President’s death, resignation, removal or another vacancy, the Vice-President acts as President until the newly elected President enters office. When the President is unable to perform functions owing to absence, illness or another cause, the Vice-President discharges those functions until the President resumes duties.

During either arrangement, the Vice-President exercises presidential powers and enjoys the President’s immunities, emoluments, allowances and privileges. Article 64 prevents simultaneous performance of the Rajya Sabha Chairman’s duties and receipt of the Chairman’s salary. The Deputy Chairman, or another constitutionally authorised person, performs the presiding duties.

Article 62 requires the election to fill a casual presidential vacancy within six months. That deadline concerns the presidency, not a casual vacancy in the vice-presidency. If both offices are unavailable in the circumstances covered by law, the President (Discharge of Functions) Act, 1969 provides for the Chief Justice of India, or the senior-most available Supreme Court judge in the Chief Justice’s absence, to discharge presidential functions. It does not make that judge Vice-President.

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