Vice-President Of India UPSC Notes | EduRev

The Post of Vice President of India

The post of Vice-President of India is modelled on the lines of American Vice-President. In India, Vice-President has the second-highest office in the country.

• Article 63 of the Indian Constitution mentions the post of Vice-President.  
• Vice President Office is meant to maintain the political continuity of the Indian State.
• Muppavarapu Venkaiah Naidu is the current Vice President of India and the Chairman of the Rajya Sabha. He is in office since 11 August 2017.

M. Venkaiah Naidu : Vice President of India

Powers & Functions of Vice President of India

The Vice President of India, after the President, is the highest dignitary of India, and certain powers are attached to the office of the Vice President. 

• The Vice President shall discharge the functions of the President during the temporary absence of the President due to illness or any other cause due to which the President is unable to carry out his functions.
• The Vice President shall act as the President, in case of any vacancy in the office of the President by reason of his death, resignation, removal through impeachment or otherwise.
• The Vice President shall take over the duties of the President until a new President is elected and resumes office.
• The Vice President is the ex-officio Chairman of the Council of States.
• When the Vice President acts as or discharges the functions of the President, he or she immediately ceases to perform the normal functions of being the Chairman of the Council of States.

Election for the Post of Vice President

There is no direct election for the Vice-President of India however, he/she is indirectly elected by an Electoral College. 

• The election process is quite similar to that of the President of India but the electoral college that elects President is different from the electoral college responsible for the election of the Vice-President of India.

• The difference between the electoral college that elects President and the one electing Vice-President of India is given below:

  (i) In the electoral college for Vice President, both elected and nominated members of both the Houses of Parliament take part.
  (ii) In presidential elections, nominated members are not a part of the electoral college.

• For Vice President’s elections, states have no role to play unlike in President’s elections where state legislative assemblies’ elected members are a part of the electoral college.

• The principle of election used in Vice President’s elections is ‘Proportional Representation by means of a single transferable vote. (It is similar to that of President.)

Qualifications Required

• An Indian citizen can qualify for the post of Vice President if he is 35 years old or more. 
• Another qualification for a candidate to run for vice-presidential elections is to be qualified to be elected as a Rajya Sabha member. 
• An office of profit cannot be held by the Vice President of India. 
• The qualifications of this post are on the same lines as Presidential qualifications.
  
  Try yourself:The Vice President shall discharge the functions of the ________ during the temporary absence.

  • A.

    President 
  • B.

    Prime Minister
  • C.

    Attorney General
  • D.

    none

  Explanation

  -The Vice President shall discharge the functions of the President during the temporary absence of the President due to illness or any other cause due to which the President is unable to carry out his functions.
  -The Vice President shall act as the President, in case of any vacancy in the office of the President by reason of his death, resignation, removal through impeachment or otherwise.

  View Solution

Oath

• Oath is administered by the President or some person appointed by the President.
  Vice - President taking Oath 
• Vice President Swears to bear true faith and allegiance to the Constitution of India & faithfully discharge the duties of his office

Term of Office of Vice President

From the date, he enters his office, Vice President holds the position for five years. 

However, he can resign before five years by handing over his resignation to the President. The other ways where a vacancy is created in the office of Vice President are given below:

• When he completes his term of five years
• When he resigns
• When he is removed
• On his death
• When his election is declared void

Impeachment of Vice President of India

Unlike the President of India who can be impeached formally; there is no formal impeachment for Vice President.

• Rajya Sabha simply can pass a resolution with a majority and Lok Sabha can pass it.
• Also, unlike the President of India who can be impeached on the ground of ‘Violation of Constitution,’ there is no ground mentioned in the constitution for the removal of Vice President of India.
• Supreme Court decides election disputes related to the office of Vice President.

Vacancy in Vice President's Office

(i) Vacancy in the VP's office can occur in the following situations:

• On expiry of tenure of 5 years
• Resignation
• Removal
• Death
• Otherwise: when election is declared void etc.

(ii) In case of expiry of the term, an election must be held beforehand
(iii) In case of other reasons for the vacancy, fresh elections need to be held as soon as possible
(iv) Newly elected VP to serve full 5-year term

American VP: In Comparison with Indian VP

(i) Indian VP's office is based on the lines of the American VP's office.
(ii) Differences:

• American VP succeeds the Presidency when it falls vacant. Remains President for the unexpired term of his predecessor
• Indian VP only becomes acting President

Vice Presidents [Article 63 – Article 71]

Article 63 to Article 71 of the Indian Constitution deals with the election, qualification, and removal of Vice Presidents of India. The table below highlights these Articles in a gist.