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Vice President - Union Executive - Indian Polity Notes

Vice-President of India is the second highest office under Article 63 - 71, Part V of the Constitution of India. He is accorded a rank next to the President in the official warrant of precedence. The Vice-President, like the President, is elected indirectly rather than directly by the people. The model for the office of the vice-president of India is borrowed from the American Vice-President. Vice-President also serves as ex officio Chairman of Rajya Sabha.Since August 11, 2022, Jagdeep Dhankhar is serving as India's current Vice president.

There have been questions on the topic of the Vice-President in the UPSC exams earlier. This article explains about the Vice-President, Election, Conditions of Office and Power and functions are useful for Prelims 2024 preparation and UPSC Mains 2024 as well.

Constitutional Provision

Vice President - Election

  • Indirect election: The Vice-President is indirectly elected not directly by the people.
  • He is elected by the members of an electoral college consisting of the members of both the Lok Sabha and Rajya Sabha.
  • System of proportional representation by means of the single transferable vote and the voting done by secret ballot.
  • Electoral college of the Vice-President: Elected and nominated members from Lok Sabha and Rajya Sabha only. It does not include the members of the state legislative assemblies.
  • Any disputes related to the election of Vice-President are inquired into and decided by the Supreme Court whose decision is final.
  • Election to the office of the Vice-President is conducted by the Election Commission of India.
  • The election of the next Vice-President is to be held within 60 days of the expiry of the term of office of the outgoing VicePresident.

Vice President

Vice-President of India is the second highest office under Article 63 - 71, Part V of the Constitution of India.

Vice-President of India

Vice-President of India

Qualifications
  • He should be a citizen of India.
  • He should be minimum 35 years of age.
  • He should have qualified for election as a member of the Rajya Sabha.
  • He should not hold any office of profit under the Union government or any state government or any local authority or any other public authority.
  • For the nomination for election to the office of Vice-President a candidate must be subscribed by at least 20 electors from Members of Parliament as proposers and 20 electors as seconders.
Oath or Affirmation of the Vice-President
  • Before entering upon his office, the Vice-President has to make and subscribe to an oath or affirmation.
  • The President of India or any person appointed on behalf of him is administered the oath of office to the Vice-President.
  • The oath of office to the Vice-President is administered by the the President of India or any person appointed on behalf of him
Conditions of Office
  • He should not be a member of either House of Parliament or a House of the state legislature.
  • In the event that any such individual is chosen Vice-President, he is considered to have emptied his seat in that House on the date on which he enters upon his office as Vice-President.
  • He shouldn't hold any other office of profit.
Terms of Office
  • The Vice President holds office for five years from the date of his appointment.
  • The Vice President can resign at any time by sending a letter of resignation to the President.
  • He can hold office beyond his terms of five years until his successor takes office.
  • He also has the right to be re-elected to this position for any number of terms.
Vacancy A vacancy in the Vice-President’s office can occur in any of the following ways:
  • When he completed tenure of five years..
  • When he resigned.
  • When he was removed by parliament resolution.
  • When he died while serving the office.
  • When his election is declared void and become disqualified to hold office.
Salary and allowance
  • Parliament has the authority to set the remuneration of the Vice President. His or her present pay as Rajya Sabha Chairperson is Rs. 1.25 lakh.
  • In addition, he is entitled to daily allowance, free furnished residence, medical, travel and other facilities.
Power And Functions

Power And Functions Of The Vice-president

  • Vice-President acts as the ex-officio chairman of the Rajya Sabha and his powers and functions are similar to those of the speaker of the Lok Sabha.
  • In the event of the president's inability to work due to any reasons or a vacancy in the office of the president due to any reason he can act as the president.
  • The office was created to maintain continuity in the Indian state, however this is only for 6 months till the next president is elected.
  • The Vice President while discharging duty as President, should not preside over Rajya Sabha.
  • The Vice-President does not execute the responsibilities of Rajya Sabha Chairman while serving as President or discharging the obligations of President
  • During this time, such responsibilities are carried out by the Deputy Chairman of the Rajya Sabha.
Removal

Removal Of Vice-president

  • A formal impeachment like in the case of the President of India is not required for the removal of Vice-President
  • VP can be removed from his office by a resolution raised only in Rajya sabha, passed by effective majority i.e. greater than 50% of (Total membership – Vacancy) & agreed upon by simple majority i.e. greater than 50 % of total voting members of the Lok sabha.
  • Prior to passing the resolution in Rajya sabha, a 14 days notice should be served to the Vice-President.
Constitutional Provisions at Glance

Constitutional Provisions at Glance

  • Part V of the Constitution of India discusses the office of the Vice-President of India. Articles 63 to Article 73 deal with the qualifications, election and removal of Vice-President of India.
Article 63 states that there shall be a Vice-President of India
Article 64 states that the Vice-President shall be the ex-officio Chairman of the Rajya Sabha
Article 65 states that the Vice-President shall act as President in the event of the occurrence of any vacancy in the office of the President due to death, resignation or removal.
Article 66 deals with provision of Election of the Vice-President.
Article 67 mentions the Term of Office of Vice-President.
Article 68 states about the Vacancy of office of the Vice-President.
Article 69 deals with Oaths & Affirmation by the Vice-President.
Article 71 deals with matters relating to, or connected with, the election of a President and Vice-President.

Comparison of Vice-President of India with Vice-President of USA

Aspect Vice-President of India Vice-President of USA
Constitutional Role Second highest office after President of India Second-highest officer in the executive branch of the federal government after President
Tenure Five-year term Five-year term
Succession Acts as President until new President assumes charge. Assumes presidency until end of term.
Election Process Indirect election by Parliament's electoral college President and Vice-President are elected in the same election
Powers and Responsibilities Ceremonial functions, limited executive authority Significant executive authority, advisor to President
Role in the Legislature Serves as the ex-officio Chairman of the Rajya Sabha. Serves as President of the Senate.
Conclusion

Conclusion

Vice President plays a crucial role in ensuring the smooth functioning of the Indian Parliament, presides over the Rajya Sabha, and represent the nation on various occasions. Beyond these formal duties, the Vice President serves as a symbol of continuity, stability, and unity within the diverse fabric of Indian society.

FAQs

Q1: What are the qualifications required to become the Vice President of India?

Answer: To become the Vice President of India, a person must be a citizen of India, be at least 35 years old, and be qualified to be elected as a member of the Rajya Sabha. Additionally, the person must not hold any office of profit under the government.

Q2: How is the Vice President of India elected?

Answer: The Vice President of India is elected by an electoral college consisting of members of both houses of Parliament (Lok Sabha and Rajya Sabha). The election is held using the system of proportional representation through a single transferable vote.

Q3: What is the role of the Vice President in the Indian Parliament?

Answer: The Vice President of India serves as the ex-officio Chairman of the Rajya Sabha (Council of States). In this capacity, the Vice President presides over the sessions of the Rajya Sabha and ensures its orderly functioning.

Q4: What happens if the office of the Vice President becomes vacant?

Answer: If the office of the Vice President becomes vacant due to resignation, removal, or death, an election must be held within six months to fill the vacancy. During this interim period, the Deputy Chairman of the Rajya Sabha or another designated official may perform the duties of the Chairman of the Rajya Sabha.

Q5: Can the Vice President act as the President of India?

Answer: Yes, the Vice President can act as the President of India if the office of the President becomes vacant due to resignation, death, removal, or incapacity. The Vice President serves as the Acting President until a new President is elected.

MCQs

  1. Who is the ex-officio Chairman of the Rajya Sabha?

a) President of India

b) Prime Minister

c) Vice President

d) Speaker of the Lok Sabha

Answer: (C) See the Explanation

The Vice President of India is the ex-officio Chairman of the Rajya Sabha and presides over its sessions.
  1. What is the minimum age required to be elected as the Vice President of India?

a) 25 years

b) 30 years

c) 35 years

d) 40 years

Answer: (C) See the Explanation

To be eligible for election as the Vice President, a candidate must be at least 35 years old.
  1. How is the Vice President of India elected?

a) Directly by the people

b) By members of the Rajya Sabha only

c) By an electoral college of members of both houses of Parliament

d) By the President of India

Answer: (C) See the Explanation

The Vice President is elected by an electoral college comprising members of both the Lok Sabha and the Rajya Sabha through proportional representation and a single transferable vote.
  1. In the absence of the President of India, who performs the duties of the President?

a) Prime Minister

b) Chief Justice of India

c) Speaker of the Lok Sabha

d) Vice President

Answer: (D) See the Explanation

The Vice President performs the duties of the President when the office of the President becomes vacant due to death, resignation, or incapacity.
  1. Which article of the Indian Constitution deals with the election of the Vice President?

a) Article 52

b) Article 63

c) Article 64

d) Article 66

Answer: (D) See the Explanation

Article 66 of the Indian Constitution deals with the election of the Vice President by an electoral college consisting of members of both houses of Parliament.

GS Mains Questions and Model Answers

Q1: Discuss the role and responsibilities of the Vice President of India as the ex-officio Chairman of the Rajya Sabha.

Answer: As the ex-officio Chairman of the Rajya Sabha, the Vice President of India plays a crucial role in ensuring the smooth functioning of the upper house of Parliament. The Vice President presides over the sessions of the Rajya Sabha, maintaining order and discipline during debates. The Chairman ensures that parliamentary procedures are followed, allowing members to speak and participate in discussions while preventing disruptions. Additionally, the Chairman is responsible for interpreting the rules of the Rajya Sabha and making rulings on points of order. However, unlike the Speaker of the Lok Sabha, the Vice President does not vote in the Rajya Sabha except in the case of a tie, where the casting vote becomes decisive. The Vice President also represents the Rajya Sabha in official functions and interactions with the executive and judiciary, thus playing an essential role in maintaining the balance of power in India's federal structure.

Q2: Evaluate the significance of the electoral process used to elect the Vice President of India.

Answer: The electoral process for the Vice President of India, as outlined in Article 66 of the Constitution, reflects the importance of ensuring a balanced representation of both houses of Parliament in the selection of the country's second-highest constitutional office. The Vice President is elected by an electoral college consisting of members from both the Lok Sabha and the Rajya Sabha, using the system of proportional representation through a single transferable vote. This system ensures that the Vice President is elected by a broad consensus of elected representatives, making the process democratic and inclusive. The role of the Vice President as the ex-officio Chairman of the Rajya Sabha further justifies the involvement of both houses in the election process, as the Vice President must effectively manage and maintain the decorum of the upper house. This method of election reinforces the Vice President's position as a neutral figure who can function impartially, especially in the case of presiding over the Rajya Sabha.

Q3: Analyze the constitutional provisions related to the vacancy in the office of the Vice President and the powers exercised during such situations.

Answer: The Constitution of India provides clear guidelines regarding the vacancy in the office of the Vice President. Under Article 65, when the office of the President of India becomes vacant due to death, resignation, removal, or incapacity, the Vice President serves as the Acting President until a new President is elected. During this period, the Vice President exercises all the powers and functions of the President, ensuring the continuity of governance. If the office of the Vice President itself becomes vacant due to similar reasons, an election must be conducted within six months to fill the vacancy. The Deputy Chairman of the Rajya Sabha, or another designated member, performs the duties of the Chairman of the Rajya Sabha during the interim period. These provisions ensure that there is no disruption in the functioning of the highest offices of the state, maintaining constitutional order and stability in the event of a vacancy.

Previous Year Questions on  Vice President

1. UPSC CSE 2019

Question: Discuss the role of the Vice President of India as the ex-officio Chairman of the Rajya Sabha. 

Answer: As the ex-officio Chairman of the Rajya Sabha, the Vice President of India holds a significant role in managing the legislative proceedings of the upper house of Parliament. The Vice President’s primary responsibility in this capacity is to preside over Rajya Sabha sessions, ensuring that debates are conducted in an orderly manner, and that parliamentary rules are adhered to. The Vice President maintains decorum, allowing members to express their views while preventing unnecessary interruptions. Unlike the Speaker of the Lok Sabha, the Vice President does not participate in debates or vote, except in the case of a tie, where the Chairman’s casting vote becomes crucial. The Chairman’s role is vital in managing the legislative business of the Rajya Sabha, interpreting procedural rules, and facilitating constructive discussions. This position strengthens the federal structure by providing a neutral figure to manage the legislative process.

2. UPSC CSE 2020

Question: Evaluate the importance of the Vice President’s role in the Indian parliamentary system.

Answer: The Vice President’s role in the Indian parliamentary system is integral, both as the second-highest constitutional office and as the ex-officio Chairman of the Rajya Sabha. The Vice President’s primary function is to ensure the smooth functioning of the Rajya Sabha by presiding over its sessions and maintaining order during debates. This role is crucial in upholding the dignity of the upper house, which represents the states in India’s federal structure. The Vice President’s impartiality and authority ensure that legislative processes in the Rajya Sabha are conducted efficiently, allowing for meaningful deliberations on national policies. Additionally, the Vice President serves as a check on the executive, ensuring that the government’s actions are scrutinized in the upper house. In the event of a vacancy in the office of the President, the Vice President’s role becomes even more critical as they assume the responsibilities of the President, ensuring continuity in governance.

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*The article might have information for the previous academic years, please refer the official website of the exam.
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