Vice President | Polity for UPSC 2024 (Pre & Mains) PDF Download

 Page 1


 
Vice-President of India 
The Vice-President is the second-highest cons1tu1onal o?ce in India.  He acts as the President in the 
absence of the incumbent President, and is the ex o?cio Chairman of Rajya Sabha.  As an indica1on of his 
bipar1sanship and apoli1cal character, the Vice-President does not hold membership of any poli1cal party 
or any other o?ce of pro?t.    
Further, given his cons1tu1onal stature, the statements given by the Vice President assume na1onal 
signi?cance.  The outgoing Vice President’s statements on issues like press freedom and welfare of minority 
communi1es led to several media debates and aKracted widespread aKen1on. The posi1on of the Vice 
President of India is modelled on the Vice President of the United States of America.   
Elec3on of Vice-President 
Unlike Presiden1al elec1ons, MLAs do not have a vote in these elec1ons.  Dr. B R Ambedkar had explained 
why during the cons1tuent assembly debates: “The President is the Head of the State and his powers 
extend both to the administra1on by the centre as well as of the states… But when we come to the Vice-
President, his normal func1ons are merely to preside over the Council of States.  It is only on a rare 
occasion, and that too for a temporary period, that he may be called upon to assume the du1es of a 
President”. 
Therefore, the Electoral College for the Vice- Presiden1al elec1ons consists of all MPs of the Parliament, 
both elected and nominated in Lok Sabha as well as Rajya Sabha.  The elec1ons are conducted using the 
system of single transferable vo1ng that results in (approximately) propor1onal representa1on.  The vo1ng 
is done through secret ballot implying that par1es cannot issue whips to their MPs and an1-defec1on laws 
do not apply. 
Eligibility:  
•
Ci1zen of India 
•Completed 35 years of age 
•
Quali?ed to be a member of the Rajya Sabha  
•
Should not hold O?ce of Pro?t under Union, state or local government or any public authority 
Acts as President:  
Ar1cle 65 provides that the VP acts as the President in case of any vacancy due to death, resigna1on, 
removal or otherwise. The maximum period for the same is 6 months within which elec1ons are to be 
conducted to elect a President. Further, when a si_ng President is not able to perform his func1ons due to 
absence, illness or some other reason, the Vice President discharges the same 1ll the return of the 
President.  
Ex-O?cio Chairman of Rajya Sabha: 
Ar1cle 64 provides that as Chairman of Rajya Sabha, the Vice President is the ?nal authority on the 
interpreta1on of the Cons1tu1on and the Rules of Procedure for all house-related maKers.  His rulings 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
 
Page 2


 
Vice-President of India 
The Vice-President is the second-highest cons1tu1onal o?ce in India.  He acts as the President in the 
absence of the incumbent President, and is the ex o?cio Chairman of Rajya Sabha.  As an indica1on of his 
bipar1sanship and apoli1cal character, the Vice-President does not hold membership of any poli1cal party 
or any other o?ce of pro?t.    
Further, given his cons1tu1onal stature, the statements given by the Vice President assume na1onal 
signi?cance.  The outgoing Vice President’s statements on issues like press freedom and welfare of minority 
communi1es led to several media debates and aKracted widespread aKen1on. The posi1on of the Vice 
President of India is modelled on the Vice President of the United States of America.   
Elec3on of Vice-President 
Unlike Presiden1al elec1ons, MLAs do not have a vote in these elec1ons.  Dr. B R Ambedkar had explained 
why during the cons1tuent assembly debates: “The President is the Head of the State and his powers 
extend both to the administra1on by the centre as well as of the states… But when we come to the Vice-
President, his normal func1ons are merely to preside over the Council of States.  It is only on a rare 
occasion, and that too for a temporary period, that he may be called upon to assume the du1es of a 
President”. 
Therefore, the Electoral College for the Vice- Presiden1al elec1ons consists of all MPs of the Parliament, 
both elected and nominated in Lok Sabha as well as Rajya Sabha.  The elec1ons are conducted using the 
system of single transferable vo1ng that results in (approximately) propor1onal representa1on.  The vo1ng 
is done through secret ballot implying that par1es cannot issue whips to their MPs and an1-defec1on laws 
do not apply. 
Eligibility:  
•
Ci1zen of India 
•Completed 35 years of age 
•
Quali?ed to be a member of the Rajya Sabha  
•
Should not hold O?ce of Pro?t under Union, state or local government or any public authority 
Acts as President:  
Ar1cle 65 provides that the VP acts as the President in case of any vacancy due to death, resigna1on, 
removal or otherwise. The maximum period for the same is 6 months within which elec1ons are to be 
conducted to elect a President. Further, when a si_ng President is not able to perform his func1ons due to 
absence, illness or some other reason, the Vice President discharges the same 1ll the return of the 
President.  
Ex-O?cio Chairman of Rajya Sabha: 
Ar1cle 64 provides that as Chairman of Rajya Sabha, the Vice President is the ?nal authority on the 
interpreta1on of the Cons1tu1on and the Rules of Procedure for all house-related maKers.  His rulings 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
 
 
cons1tute binding precedent.  He also determines whether a Rajya Sabha member stands to be disquali?ed 
on grounds of defec1on.  Such powers make him an important stakeholder in the func1oning of our 
parliamentary democracy. 
The Vice President is also vested with powers to improve the func1oning of the Upper House.  There have 
been several instances where the current Vice President has used his powers to address issues ranging from 
improving the produc1vity of ques1on hour, reducing prolonged disrup1ons, maintaining decorum in the 
House, to facilita1ng discussion on issues of na1onal importance. 
All disputes and doubts with respect to elec1on of the Vice-President are to be dealt with by the Supreme 
Court whose decision is ?nal. The elec1on can’t be ques1oned on the ground that the Electoral College was 
incomplete. In case elec1on of a Vice President are declared void, the acts done by him/her are not 
invalidated.  
Parliamentary Privilege:  
Parliamentary privilege refers to rights and immunity enjoyed by Parliament and MPs, which may 
be necessary to e?ec1vely discharge their cons1tu1onal func1ons.  When disregarded, the o?ence is called 
a breach of privilege and is punishable under law. The Chairman is the guardian of these privileges and can 
also issue warrants to execute the orders of the House, where necessary.  In 1967, one person was held to 
be in contempt of Rajya Sabha for throwing lea?ets from the visitors’ gallery of the House.  The then Vice 
President, in accordance with the resolu1on of the House, had sentenced the person to simple 
imprisonment, 1ll the conclusion of that session. 
The Chairman’s consent is required to raise a ques1on of breach of privilege.  He also has the discre1on 
whether to refer it to the Privileges CommiKee, and whether to accept the commiKee’s recommenda1ons. 
 In October 2015, the current Vice President had referred the maKer of a member’s controversial “terrorists 
in Parliament” remark to the Privileges CommiKee upon receiving complaints from several opposi1on MPs. 
Role in Parliamentary CommiCees and other ins3tu3ons 
Parliamentary commiKees review proposed laws, oversee ac1vi1es of the execu1ve, and scru1nise 
government’s expenditure.  The Vice President nominates members to various Parliamentary CommiKees, 
appoints their Chairmen and issues direc1ons to them.  The Vice President also nominates members of the 
Rajya Sabha on various bodies such as the Haj CommiKee, the Ins1tute of Cons1tu1onal and Parliamentary 
Studies, Courts of several universi1es such as JNU, etc. He is also on the three-member CommiKee which 
nominates the Chairman of the Press Council of India. 
Resigna3on and Removal of Vice President 
The Vice-President is elected for ?ve years. He is eligible for reelec1on. He can resign his o?ce before the 
expiry of the normal term by addressing his resigna1on to the President. The Vice-President can be 
removed forms o?ce by a resolu1on of the Rajya Sabha passed by absolute majority of its members and 
agreed to by the Lok Sabha. However, a no1ce of 14 days is required to be given to the incumbent against 
whom the proceedings of removal are to be ini1ated. No grounds for removal have been men1oned in the 
Cons1tu1on of India. The Cons1tu1on is silent on who performs the du1es of the Vice-President, when a 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
 
Page 3


 
Vice-President of India 
The Vice-President is the second-highest cons1tu1onal o?ce in India.  He acts as the President in the 
absence of the incumbent President, and is the ex o?cio Chairman of Rajya Sabha.  As an indica1on of his 
bipar1sanship and apoli1cal character, the Vice-President does not hold membership of any poli1cal party 
or any other o?ce of pro?t.    
Further, given his cons1tu1onal stature, the statements given by the Vice President assume na1onal 
signi?cance.  The outgoing Vice President’s statements on issues like press freedom and welfare of minority 
communi1es led to several media debates and aKracted widespread aKen1on. The posi1on of the Vice 
President of India is modelled on the Vice President of the United States of America.   
Elec3on of Vice-President 
Unlike Presiden1al elec1ons, MLAs do not have a vote in these elec1ons.  Dr. B R Ambedkar had explained 
why during the cons1tuent assembly debates: “The President is the Head of the State and his powers 
extend both to the administra1on by the centre as well as of the states… But when we come to the Vice-
President, his normal func1ons are merely to preside over the Council of States.  It is only on a rare 
occasion, and that too for a temporary period, that he may be called upon to assume the du1es of a 
President”. 
Therefore, the Electoral College for the Vice- Presiden1al elec1ons consists of all MPs of the Parliament, 
both elected and nominated in Lok Sabha as well as Rajya Sabha.  The elec1ons are conducted using the 
system of single transferable vo1ng that results in (approximately) propor1onal representa1on.  The vo1ng 
is done through secret ballot implying that par1es cannot issue whips to their MPs and an1-defec1on laws 
do not apply. 
Eligibility:  
•
Ci1zen of India 
•Completed 35 years of age 
•
Quali?ed to be a member of the Rajya Sabha  
•
Should not hold O?ce of Pro?t under Union, state or local government or any public authority 
Acts as President:  
Ar1cle 65 provides that the VP acts as the President in case of any vacancy due to death, resigna1on, 
removal or otherwise. The maximum period for the same is 6 months within which elec1ons are to be 
conducted to elect a President. Further, when a si_ng President is not able to perform his func1ons due to 
absence, illness or some other reason, the Vice President discharges the same 1ll the return of the 
President.  
Ex-O?cio Chairman of Rajya Sabha: 
Ar1cle 64 provides that as Chairman of Rajya Sabha, the Vice President is the ?nal authority on the 
interpreta1on of the Cons1tu1on and the Rules of Procedure for all house-related maKers.  His rulings 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
 
 
cons1tute binding precedent.  He also determines whether a Rajya Sabha member stands to be disquali?ed 
on grounds of defec1on.  Such powers make him an important stakeholder in the func1oning of our 
parliamentary democracy. 
The Vice President is also vested with powers to improve the func1oning of the Upper House.  There have 
been several instances where the current Vice President has used his powers to address issues ranging from 
improving the produc1vity of ques1on hour, reducing prolonged disrup1ons, maintaining decorum in the 
House, to facilita1ng discussion on issues of na1onal importance. 
All disputes and doubts with respect to elec1on of the Vice-President are to be dealt with by the Supreme 
Court whose decision is ?nal. The elec1on can’t be ques1oned on the ground that the Electoral College was 
incomplete. In case elec1on of a Vice President are declared void, the acts done by him/her are not 
invalidated.  
Parliamentary Privilege:  
Parliamentary privilege refers to rights and immunity enjoyed by Parliament and MPs, which may 
be necessary to e?ec1vely discharge their cons1tu1onal func1ons.  When disregarded, the o?ence is called 
a breach of privilege and is punishable under law. The Chairman is the guardian of these privileges and can 
also issue warrants to execute the orders of the House, where necessary.  In 1967, one person was held to 
be in contempt of Rajya Sabha for throwing lea?ets from the visitors’ gallery of the House.  The then Vice 
President, in accordance with the resolu1on of the House, had sentenced the person to simple 
imprisonment, 1ll the conclusion of that session. 
The Chairman’s consent is required to raise a ques1on of breach of privilege.  He also has the discre1on 
whether to refer it to the Privileges CommiKee, and whether to accept the commiKee’s recommenda1ons. 
 In October 2015, the current Vice President had referred the maKer of a member’s controversial “terrorists 
in Parliament” remark to the Privileges CommiKee upon receiving complaints from several opposi1on MPs. 
Role in Parliamentary CommiCees and other ins3tu3ons 
Parliamentary commiKees review proposed laws, oversee ac1vi1es of the execu1ve, and scru1nise 
government’s expenditure.  The Vice President nominates members to various Parliamentary CommiKees, 
appoints their Chairmen and issues direc1ons to them.  The Vice President also nominates members of the 
Rajya Sabha on various bodies such as the Haj CommiKee, the Ins1tute of Cons1tu1onal and Parliamentary 
Studies, Courts of several universi1es such as JNU, etc. He is also on the three-member CommiKee which 
nominates the Chairman of the Press Council of India. 
Resigna3on and Removal of Vice President 
The Vice-President is elected for ?ve years. He is eligible for reelec1on. He can resign his o?ce before the 
expiry of the normal term by addressing his resigna1on to the President. The Vice-President can be 
removed forms o?ce by a resolu1on of the Rajya Sabha passed by absolute majority of its members and 
agreed to by the Lok Sabha. However, a no1ce of 14 days is required to be given to the incumbent against 
whom the proceedings of removal are to be ini1ated. No grounds for removal have been men1oned in the 
Cons1tu1on of India. The Cons1tu1on is silent on who performs the du1es of the Vice-President, when a 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
 
 
vacancy occurs in the o?ce of the Vice-President of India, before the expiry of his term, or when the Vice-
President acts as the President of India.  
Prime Minister and Council of Ministers 
In the scheme of parliamentary system of government provided by the cons1tu1on, the President is the 
nominal execu1ve authority (de jure execu1ve) and Prime Minister is the real execu1ve authority ( de facto 
execu1ve). In other words, president is the head of the State while Prime Minister is the head of the 
government. 
“Ar1cle 75 of the Indian Cons1tu1on only states that the Prime Minister shall be appointed by the president. However, 
this does not imply that the president is free to appoint any one as the Prime Minister. In accordance with the conven1ons of 
the parliamentary system of government, “the President has to appoint the leader of the majority party in the Lok Sabha as 
the Prime Minister. But, when no party has a clear majority in the Lok Sabha, then the President may exercise his personal 
discre1on in the selec1on and appointment of the Prime Minister.  
However to minimise any sort of indiscre1on certain principles have come to be involved that guide the President in choosing 
the Prime Minister. In such a situa1on the President appoints the leader of largest coali1on or party and asks him/her to prove 
majority in a month. Another situa1on when a President’s descrip1on may be required is if a Prime Minister dies suddenly in 
o?ce. Mostly precedent dictates appoin1ng a caretaker prime minister. If the party in majority chooses a new leader, the 
President has to appoint him/her as the Prime Minister. Importantly, there are two more considera1ons with regard to 
appointment of the Prime Minister: 
1. Firstly, the PM does not necessarily have to belong to the Lok Sabha: Between 1950-96 the Prime 
Ministers always belonged to the Lok Sabha or the Lower House. But it was a conven1on of the 
Westminster model and not a law. This conven1on was broken in June 1996, April 1997, May 2004 and 
May 2009. Since May 2004 (for the second consecu1ve 1me since May 2009) Dr Manmohan Singh has 
been the Prime Minster and he has been and s1ll he is a member of the Rajya Sabha. Thus the 
conven1on that Prime Minister always belongs to Lok Sabha now stands broken. The Prime Minister can 
be from either House of the Parliament. The only essen1al condi1on is that he must be the adopted or 
elected leader of majority in the Lok Sabha. 
2. The PM may not be a siKng member of the Parliament: Further, that any person who is not a member 
of either House of the Parliament can also becomes a minister or the Prime Minister and e he can 
remain so for six months, within this period he has to essen1ally get the membership of either House. In 
case he fails to do so, he loses his o?ce of Minister/Prime Minister. In 1997, the Supreme Court held 
that a person who is not a member of either House of Parliament can be appointed as Prime Minister for 
six months, within which, he should become a member of either House of Parliament; otherwise, he 
ceases to be the Prime Minister.  
3. No formal quali?ca3ons: The Cons1tu1on lays down no formal quali?ca1ons for the o?ce of the Prime 
Minister. Since no person who is not a member or cannot become a member of the Parliament can be 
appointed as the Prime Minister, it can be said that the quali?ca1ons essen1al for the membership of 
the Parliament are also the essen1al quali?ca1ons for the o?ce of the Prime Minister. 
4. Tenure: Theore1cally, the Prime Minister holds o?ce during the pleasure of the President. It really 
means, so long as he enjoys the con?dence of majority in Lok Sabha. Lok Sabha can pass a vote of no-
con?dence against him and in this case the Prime Minister either submits his resigna1on to the President 
or gets dismissed by the President. Whenever it may appear that the Prime Minister’s party has lost its 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
 
Page 4


 
Vice-President of India 
The Vice-President is the second-highest cons1tu1onal o?ce in India.  He acts as the President in the 
absence of the incumbent President, and is the ex o?cio Chairman of Rajya Sabha.  As an indica1on of his 
bipar1sanship and apoli1cal character, the Vice-President does not hold membership of any poli1cal party 
or any other o?ce of pro?t.    
Further, given his cons1tu1onal stature, the statements given by the Vice President assume na1onal 
signi?cance.  The outgoing Vice President’s statements on issues like press freedom and welfare of minority 
communi1es led to several media debates and aKracted widespread aKen1on. The posi1on of the Vice 
President of India is modelled on the Vice President of the United States of America.   
Elec3on of Vice-President 
Unlike Presiden1al elec1ons, MLAs do not have a vote in these elec1ons.  Dr. B R Ambedkar had explained 
why during the cons1tuent assembly debates: “The President is the Head of the State and his powers 
extend both to the administra1on by the centre as well as of the states… But when we come to the Vice-
President, his normal func1ons are merely to preside over the Council of States.  It is only on a rare 
occasion, and that too for a temporary period, that he may be called upon to assume the du1es of a 
President”. 
Therefore, the Electoral College for the Vice- Presiden1al elec1ons consists of all MPs of the Parliament, 
both elected and nominated in Lok Sabha as well as Rajya Sabha.  The elec1ons are conducted using the 
system of single transferable vo1ng that results in (approximately) propor1onal representa1on.  The vo1ng 
is done through secret ballot implying that par1es cannot issue whips to their MPs and an1-defec1on laws 
do not apply. 
Eligibility:  
•
Ci1zen of India 
•Completed 35 years of age 
•
Quali?ed to be a member of the Rajya Sabha  
•
Should not hold O?ce of Pro?t under Union, state or local government or any public authority 
Acts as President:  
Ar1cle 65 provides that the VP acts as the President in case of any vacancy due to death, resigna1on, 
removal or otherwise. The maximum period for the same is 6 months within which elec1ons are to be 
conducted to elect a President. Further, when a si_ng President is not able to perform his func1ons due to 
absence, illness or some other reason, the Vice President discharges the same 1ll the return of the 
President.  
Ex-O?cio Chairman of Rajya Sabha: 
Ar1cle 64 provides that as Chairman of Rajya Sabha, the Vice President is the ?nal authority on the 
interpreta1on of the Cons1tu1on and the Rules of Procedure for all house-related maKers.  His rulings 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
 
 
cons1tute binding precedent.  He also determines whether a Rajya Sabha member stands to be disquali?ed 
on grounds of defec1on.  Such powers make him an important stakeholder in the func1oning of our 
parliamentary democracy. 
The Vice President is also vested with powers to improve the func1oning of the Upper House.  There have 
been several instances where the current Vice President has used his powers to address issues ranging from 
improving the produc1vity of ques1on hour, reducing prolonged disrup1ons, maintaining decorum in the 
House, to facilita1ng discussion on issues of na1onal importance. 
All disputes and doubts with respect to elec1on of the Vice-President are to be dealt with by the Supreme 
Court whose decision is ?nal. The elec1on can’t be ques1oned on the ground that the Electoral College was 
incomplete. In case elec1on of a Vice President are declared void, the acts done by him/her are not 
invalidated.  
Parliamentary Privilege:  
Parliamentary privilege refers to rights and immunity enjoyed by Parliament and MPs, which may 
be necessary to e?ec1vely discharge their cons1tu1onal func1ons.  When disregarded, the o?ence is called 
a breach of privilege and is punishable under law. The Chairman is the guardian of these privileges and can 
also issue warrants to execute the orders of the House, where necessary.  In 1967, one person was held to 
be in contempt of Rajya Sabha for throwing lea?ets from the visitors’ gallery of the House.  The then Vice 
President, in accordance with the resolu1on of the House, had sentenced the person to simple 
imprisonment, 1ll the conclusion of that session. 
The Chairman’s consent is required to raise a ques1on of breach of privilege.  He also has the discre1on 
whether to refer it to the Privileges CommiKee, and whether to accept the commiKee’s recommenda1ons. 
 In October 2015, the current Vice President had referred the maKer of a member’s controversial “terrorists 
in Parliament” remark to the Privileges CommiKee upon receiving complaints from several opposi1on MPs. 
Role in Parliamentary CommiCees and other ins3tu3ons 
Parliamentary commiKees review proposed laws, oversee ac1vi1es of the execu1ve, and scru1nise 
government’s expenditure.  The Vice President nominates members to various Parliamentary CommiKees, 
appoints their Chairmen and issues direc1ons to them.  The Vice President also nominates members of the 
Rajya Sabha on various bodies such as the Haj CommiKee, the Ins1tute of Cons1tu1onal and Parliamentary 
Studies, Courts of several universi1es such as JNU, etc. He is also on the three-member CommiKee which 
nominates the Chairman of the Press Council of India. 
Resigna3on and Removal of Vice President 
The Vice-President is elected for ?ve years. He is eligible for reelec1on. He can resign his o?ce before the 
expiry of the normal term by addressing his resigna1on to the President. The Vice-President can be 
removed forms o?ce by a resolu1on of the Rajya Sabha passed by absolute majority of its members and 
agreed to by the Lok Sabha. However, a no1ce of 14 days is required to be given to the incumbent against 
whom the proceedings of removal are to be ini1ated. No grounds for removal have been men1oned in the 
Cons1tu1on of India. The Cons1tu1on is silent on who performs the du1es of the Vice-President, when a 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
 
 
vacancy occurs in the o?ce of the Vice-President of India, before the expiry of his term, or when the Vice-
President acts as the President of India.  
Prime Minister and Council of Ministers 
In the scheme of parliamentary system of government provided by the cons1tu1on, the President is the 
nominal execu1ve authority (de jure execu1ve) and Prime Minister is the real execu1ve authority ( de facto 
execu1ve). In other words, president is the head of the State while Prime Minister is the head of the 
government. 
“Ar1cle 75 of the Indian Cons1tu1on only states that the Prime Minister shall be appointed by the president. However, 
this does not imply that the president is free to appoint any one as the Prime Minister. In accordance with the conven1ons of 
the parliamentary system of government, “the President has to appoint the leader of the majority party in the Lok Sabha as 
the Prime Minister. But, when no party has a clear majority in the Lok Sabha, then the President may exercise his personal 
discre1on in the selec1on and appointment of the Prime Minister.  
However to minimise any sort of indiscre1on certain principles have come to be involved that guide the President in choosing 
the Prime Minister. In such a situa1on the President appoints the leader of largest coali1on or party and asks him/her to prove 
majority in a month. Another situa1on when a President’s descrip1on may be required is if a Prime Minister dies suddenly in 
o?ce. Mostly precedent dictates appoin1ng a caretaker prime minister. If the party in majority chooses a new leader, the 
President has to appoint him/her as the Prime Minister. Importantly, there are two more considera1ons with regard to 
appointment of the Prime Minister: 
1. Firstly, the PM does not necessarily have to belong to the Lok Sabha: Between 1950-96 the Prime 
Ministers always belonged to the Lok Sabha or the Lower House. But it was a conven1on of the 
Westminster model and not a law. This conven1on was broken in June 1996, April 1997, May 2004 and 
May 2009. Since May 2004 (for the second consecu1ve 1me since May 2009) Dr Manmohan Singh has 
been the Prime Minster and he has been and s1ll he is a member of the Rajya Sabha. Thus the 
conven1on that Prime Minister always belongs to Lok Sabha now stands broken. The Prime Minister can 
be from either House of the Parliament. The only essen1al condi1on is that he must be the adopted or 
elected leader of majority in the Lok Sabha. 
2. The PM may not be a siKng member of the Parliament: Further, that any person who is not a member 
of either House of the Parliament can also becomes a minister or the Prime Minister and e he can 
remain so for six months, within this period he has to essen1ally get the membership of either House. In 
case he fails to do so, he loses his o?ce of Minister/Prime Minister. In 1997, the Supreme Court held 
that a person who is not a member of either House of Parliament can be appointed as Prime Minister for 
six months, within which, he should become a member of either House of Parliament; otherwise, he 
ceases to be the Prime Minister.  
3. No formal quali?ca3ons: The Cons1tu1on lays down no formal quali?ca1ons for the o?ce of the Prime 
Minister. Since no person who is not a member or cannot become a member of the Parliament can be 
appointed as the Prime Minister, it can be said that the quali?ca1ons essen1al for the membership of 
the Parliament are also the essen1al quali?ca1ons for the o?ce of the Prime Minister. 
4. Tenure: Theore1cally, the Prime Minister holds o?ce during the pleasure of the President. It really 
means, so long as he enjoys the con?dence of majority in Lok Sabha. Lok Sabha can pass a vote of no-
con?dence against him and in this case the Prime Minister either submits his resigna1on to the President 
or gets dismissed by the President. Whenever it may appear that the Prime Minister’s party has lost its 
www.YouTube.com/SleepyClasses 
www.SleepyClasses.com 
 
 
majority in the Lok Sabha, the President can ask him to prove his majority in House.. A failure to do so 
compels the Prime Minister to either resign forthwith or face dismissal at the hands of the President. In 
1980, the Delhi High Court held that the Cons1tu1on does not require that a person must prove his 
majority in the Lok Sabha before he is appointed as the Prime Minister. The President may ?rst appoint 
him the Prime Minister and then ask him to prove his majority in the Lok Sabha within a reasonable 
period. For example, Charan Singh (1979), VP Singh (1989), Chandrasekhar (1990), PV Narasimha Rao 
(1991), AB Vajyapee (1996), Deve Gowda (1996), IK Gujral (1997) and again AB Vajpayee (1998) were 
appointed as Prime Ministers in this way.  
Before the Prime Minister enters upon his o?ce, the president administers to him the oaths of o?ce and 
secrecy. In his oath of o?ce, the Prime Minister swears: 
1. to bear true faith and allegiance to the Cons1tu1on of India, 
2. to uphold the sovereignty and integrity of India, 
3. to faithfully and conscien1ously discharge the du1es of his o?ce, and 
4. to do right to all manner of people in accordance with the Cons1tu1on and the law, without fear or 
favour, a?ec1on or ill will. 
In his oath of secrecy, the Prime Minister swears that he will not directly or indirectly  communicate or 
reveal to any person(s) any maKer that is brought under his considera1on or becomes known to him as a 
Union Minister except as may be required for the due discharge of his du1es as such minister.  
Powers and func3ons of the Prime Minister: 
PM and the Council of Ministers: Lord Morel He described Prime Minister as ‘primus inter pares’ (?rst 
among equals) and ‘key stone of the cabinet arch’. He said, “The head of the cabinet is ‘primus inter pares’, 
and occupied a posi1on which so long as it lasts, is one of excep1onal and peculiar authority”.  The 
statements therefore put across the crucial posi1on of the PM vis-a-vis the Council of Ministers. The Pm 
performs the following func1ons with regard to the same. 
1. He recommends persons who can be appointed as ministers by the president. The President can appoint 
only those persons as ministers who are recommended by the Prime Minister. 
2. He allocates and reshu?es various porsolios among the ministers. 
3. He can ask a minister to resign or advise the President to dismiss him in case of di?erence of opinion. 
4. He presides over the mee1ng of council of ministers and in?uences its decisions. 
5. He guides, directs, controls, and coordinates the ac1vi1es of all the ministers. 
6. He can bring about the collapse of the council of ministers by resigning from o?ce.  
Since the Prime Minister stands at the head of the council of ministers, the other ministers cannot func1on 
when the Prime Minister resigns or dies. In other words, the resigna1on or death of an incumbent Prime 
Minister automa1cally dissolves the council of ministers and thereby generates a vacuum. The resigna1on 
or death of any other minister, on the other hand, merely creates a vacancy which the Prime Minister may or 
may not like to ?ll.  
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Page 5


 
Vice-President of India 
The Vice-President is the second-highest cons1tu1onal o?ce in India.  He acts as the President in the 
absence of the incumbent President, and is the ex o?cio Chairman of Rajya Sabha.  As an indica1on of his 
bipar1sanship and apoli1cal character, the Vice-President does not hold membership of any poli1cal party 
or any other o?ce of pro?t.    
Further, given his cons1tu1onal stature, the statements given by the Vice President assume na1onal 
signi?cance.  The outgoing Vice President’s statements on issues like press freedom and welfare of minority 
communi1es led to several media debates and aKracted widespread aKen1on. The posi1on of the Vice 
President of India is modelled on the Vice President of the United States of America.   
Elec3on of Vice-President 
Unlike Presiden1al elec1ons, MLAs do not have a vote in these elec1ons.  Dr. B R Ambedkar had explained 
why during the cons1tuent assembly debates: “The President is the Head of the State and his powers 
extend both to the administra1on by the centre as well as of the states… But when we come to the Vice-
President, his normal func1ons are merely to preside over the Council of States.  It is only on a rare 
occasion, and that too for a temporary period, that he may be called upon to assume the du1es of a 
President”. 
Therefore, the Electoral College for the Vice- Presiden1al elec1ons consists of all MPs of the Parliament, 
both elected and nominated in Lok Sabha as well as Rajya Sabha.  The elec1ons are conducted using the 
system of single transferable vo1ng that results in (approximately) propor1onal representa1on.  The vo1ng 
is done through secret ballot implying that par1es cannot issue whips to their MPs and an1-defec1on laws 
do not apply. 
Eligibility:  
•
Ci1zen of India 
•Completed 35 years of age 
•
Quali?ed to be a member of the Rajya Sabha  
•
Should not hold O?ce of Pro?t under Union, state or local government or any public authority 
Acts as President:  
Ar1cle 65 provides that the VP acts as the President in case of any vacancy due to death, resigna1on, 
removal or otherwise. The maximum period for the same is 6 months within which elec1ons are to be 
conducted to elect a President. Further, when a si_ng President is not able to perform his func1ons due to 
absence, illness or some other reason, the Vice President discharges the same 1ll the return of the 
President.  
Ex-O?cio Chairman of Rajya Sabha: 
Ar1cle 64 provides that as Chairman of Rajya Sabha, the Vice President is the ?nal authority on the 
interpreta1on of the Cons1tu1on and the Rules of Procedure for all house-related maKers.  His rulings 
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cons1tute binding precedent.  He also determines whether a Rajya Sabha member stands to be disquali?ed 
on grounds of defec1on.  Such powers make him an important stakeholder in the func1oning of our 
parliamentary democracy. 
The Vice President is also vested with powers to improve the func1oning of the Upper House.  There have 
been several instances where the current Vice President has used his powers to address issues ranging from 
improving the produc1vity of ques1on hour, reducing prolonged disrup1ons, maintaining decorum in the 
House, to facilita1ng discussion on issues of na1onal importance. 
All disputes and doubts with respect to elec1on of the Vice-President are to be dealt with by the Supreme 
Court whose decision is ?nal. The elec1on can’t be ques1oned on the ground that the Electoral College was 
incomplete. In case elec1on of a Vice President are declared void, the acts done by him/her are not 
invalidated.  
Parliamentary Privilege:  
Parliamentary privilege refers to rights and immunity enjoyed by Parliament and MPs, which may 
be necessary to e?ec1vely discharge their cons1tu1onal func1ons.  When disregarded, the o?ence is called 
a breach of privilege and is punishable under law. The Chairman is the guardian of these privileges and can 
also issue warrants to execute the orders of the House, where necessary.  In 1967, one person was held to 
be in contempt of Rajya Sabha for throwing lea?ets from the visitors’ gallery of the House.  The then Vice 
President, in accordance with the resolu1on of the House, had sentenced the person to simple 
imprisonment, 1ll the conclusion of that session. 
The Chairman’s consent is required to raise a ques1on of breach of privilege.  He also has the discre1on 
whether to refer it to the Privileges CommiKee, and whether to accept the commiKee’s recommenda1ons. 
 In October 2015, the current Vice President had referred the maKer of a member’s controversial “terrorists 
in Parliament” remark to the Privileges CommiKee upon receiving complaints from several opposi1on MPs. 
Role in Parliamentary CommiCees and other ins3tu3ons 
Parliamentary commiKees review proposed laws, oversee ac1vi1es of the execu1ve, and scru1nise 
government’s expenditure.  The Vice President nominates members to various Parliamentary CommiKees, 
appoints their Chairmen and issues direc1ons to them.  The Vice President also nominates members of the 
Rajya Sabha on various bodies such as the Haj CommiKee, the Ins1tute of Cons1tu1onal and Parliamentary 
Studies, Courts of several universi1es such as JNU, etc. He is also on the three-member CommiKee which 
nominates the Chairman of the Press Council of India. 
Resigna3on and Removal of Vice President 
The Vice-President is elected for ?ve years. He is eligible for reelec1on. He can resign his o?ce before the 
expiry of the normal term by addressing his resigna1on to the President. The Vice-President can be 
removed forms o?ce by a resolu1on of the Rajya Sabha passed by absolute majority of its members and 
agreed to by the Lok Sabha. However, a no1ce of 14 days is required to be given to the incumbent against 
whom the proceedings of removal are to be ini1ated. No grounds for removal have been men1oned in the 
Cons1tu1on of India. The Cons1tu1on is silent on who performs the du1es of the Vice-President, when a 
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vacancy occurs in the o?ce of the Vice-President of India, before the expiry of his term, or when the Vice-
President acts as the President of India.  
Prime Minister and Council of Ministers 
In the scheme of parliamentary system of government provided by the cons1tu1on, the President is the 
nominal execu1ve authority (de jure execu1ve) and Prime Minister is the real execu1ve authority ( de facto 
execu1ve). In other words, president is the head of the State while Prime Minister is the head of the 
government. 
“Ar1cle 75 of the Indian Cons1tu1on only states that the Prime Minister shall be appointed by the president. However, 
this does not imply that the president is free to appoint any one as the Prime Minister. In accordance with the conven1ons of 
the parliamentary system of government, “the President has to appoint the leader of the majority party in the Lok Sabha as 
the Prime Minister. But, when no party has a clear majority in the Lok Sabha, then the President may exercise his personal 
discre1on in the selec1on and appointment of the Prime Minister.  
However to minimise any sort of indiscre1on certain principles have come to be involved that guide the President in choosing 
the Prime Minister. In such a situa1on the President appoints the leader of largest coali1on or party and asks him/her to prove 
majority in a month. Another situa1on when a President’s descrip1on may be required is if a Prime Minister dies suddenly in 
o?ce. Mostly precedent dictates appoin1ng a caretaker prime minister. If the party in majority chooses a new leader, the 
President has to appoint him/her as the Prime Minister. Importantly, there are two more considera1ons with regard to 
appointment of the Prime Minister: 
1. Firstly, the PM does not necessarily have to belong to the Lok Sabha: Between 1950-96 the Prime 
Ministers always belonged to the Lok Sabha or the Lower House. But it was a conven1on of the 
Westminster model and not a law. This conven1on was broken in June 1996, April 1997, May 2004 and 
May 2009. Since May 2004 (for the second consecu1ve 1me since May 2009) Dr Manmohan Singh has 
been the Prime Minster and he has been and s1ll he is a member of the Rajya Sabha. Thus the 
conven1on that Prime Minister always belongs to Lok Sabha now stands broken. The Prime Minister can 
be from either House of the Parliament. The only essen1al condi1on is that he must be the adopted or 
elected leader of majority in the Lok Sabha. 
2. The PM may not be a siKng member of the Parliament: Further, that any person who is not a member 
of either House of the Parliament can also becomes a minister or the Prime Minister and e he can 
remain so for six months, within this period he has to essen1ally get the membership of either House. In 
case he fails to do so, he loses his o?ce of Minister/Prime Minister. In 1997, the Supreme Court held 
that a person who is not a member of either House of Parliament can be appointed as Prime Minister for 
six months, within which, he should become a member of either House of Parliament; otherwise, he 
ceases to be the Prime Minister.  
3. No formal quali?ca3ons: The Cons1tu1on lays down no formal quali?ca1ons for the o?ce of the Prime 
Minister. Since no person who is not a member or cannot become a member of the Parliament can be 
appointed as the Prime Minister, it can be said that the quali?ca1ons essen1al for the membership of 
the Parliament are also the essen1al quali?ca1ons for the o?ce of the Prime Minister. 
4. Tenure: Theore1cally, the Prime Minister holds o?ce during the pleasure of the President. It really 
means, so long as he enjoys the con?dence of majority in Lok Sabha. Lok Sabha can pass a vote of no-
con?dence against him and in this case the Prime Minister either submits his resigna1on to the President 
or gets dismissed by the President. Whenever it may appear that the Prime Minister’s party has lost its 
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majority in the Lok Sabha, the President can ask him to prove his majority in House.. A failure to do so 
compels the Prime Minister to either resign forthwith or face dismissal at the hands of the President. In 
1980, the Delhi High Court held that the Cons1tu1on does not require that a person must prove his 
majority in the Lok Sabha before he is appointed as the Prime Minister. The President may ?rst appoint 
him the Prime Minister and then ask him to prove his majority in the Lok Sabha within a reasonable 
period. For example, Charan Singh (1979), VP Singh (1989), Chandrasekhar (1990), PV Narasimha Rao 
(1991), AB Vajyapee (1996), Deve Gowda (1996), IK Gujral (1997) and again AB Vajpayee (1998) were 
appointed as Prime Ministers in this way.  
Before the Prime Minister enters upon his o?ce, the president administers to him the oaths of o?ce and 
secrecy. In his oath of o?ce, the Prime Minister swears: 
1. to bear true faith and allegiance to the Cons1tu1on of India, 
2. to uphold the sovereignty and integrity of India, 
3. to faithfully and conscien1ously discharge the du1es of his o?ce, and 
4. to do right to all manner of people in accordance with the Cons1tu1on and the law, without fear or 
favour, a?ec1on or ill will. 
In his oath of secrecy, the Prime Minister swears that he will not directly or indirectly  communicate or 
reveal to any person(s) any maKer that is brought under his considera1on or becomes known to him as a 
Union Minister except as may be required for the due discharge of his du1es as such minister.  
Powers and func3ons of the Prime Minister: 
PM and the Council of Ministers: Lord Morel He described Prime Minister as ‘primus inter pares’ (?rst 
among equals) and ‘key stone of the cabinet arch’. He said, “The head of the cabinet is ‘primus inter pares’, 
and occupied a posi1on which so long as it lasts, is one of excep1onal and peculiar authority”.  The 
statements therefore put across the crucial posi1on of the PM vis-a-vis the Council of Ministers. The Pm 
performs the following func1ons with regard to the same. 
1. He recommends persons who can be appointed as ministers by the president. The President can appoint 
only those persons as ministers who are recommended by the Prime Minister. 
2. He allocates and reshu?es various porsolios among the ministers. 
3. He can ask a minister to resign or advise the President to dismiss him in case of di?erence of opinion. 
4. He presides over the mee1ng of council of ministers and in?uences its decisions. 
5. He guides, directs, controls, and coordinates the ac1vi1es of all the ministers. 
6. He can bring about the collapse of the council of ministers by resigning from o?ce.  
Since the Prime Minister stands at the head of the council of ministers, the other ministers cannot func1on 
when the Prime Minister resigns or dies. In other words, the resigna1on or death of an incumbent Prime 
Minister automa1cally dissolves the council of ministers and thereby generates a vacuum. The resigna1on 
or death of any other minister, on the other hand, merely creates a vacancy which the Prime Minister may or 
may not like to ?ll.  
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PM and the President: The Prime Minister enjoys the following powers in rela1on to the President: 
1. He is the principal channel of communica1on between the President and the council of ministers. It is 
the duty of the prime minister : 
A. to communicate to the President all decisions of the council of ministers rela1ng to the administra1on 
of the a?airs of the Union and proposals for legisla1on; 
B. to furnish such informa1on rela1ng to the administra1on of the a?airs of the Union and proposals for 
legisla1on as the President may call for; and 
C. if the President so requires, to submit for the considera1on of the council of ministers any maKer on 
which a decision has been taken by a minister but which has not been considered by the council. 
2. He advises the president with regard to the appointment of important o?cials like aKorney general of 
India, Comptroller and Auditor General of India, chairman and members of the UPSC, elec1on 
commissioners, chairman and members of the ?nance commission and so on.  
PM and Parliament: The Prime Minister is the leader of the Lower House. In this capacity, he enjoys the 
following powers: 
1. He advises the President with regard to summoning and proroguing of the sessions of the Parliament. 
2. He can recommend dissolu1on of the Lok Sabha to President at any 1me. 
3. He announces government policies on the ?oor of the House.  
Other Powers and Func1ons:  In addi1on to the above-men1oned three major roles, the Prime Minister has 
various other roles. These are: 
1. He is the chairman of the Planning Commission (now NITI Aayog), Na1onal Development Council, 
Na1onal Integra1on Council, Inter-State Council and Na1onal Water Resources Council. 
2. He plays a signi?cant role in shaping the foreign policy of the country. 
3. He is the chief spokesman of the Union government. 
4. He is the crisis manager-in-chief at the poli1cal level during emergencies. 
5. As a leader of the na1on, he meets various sec1ons of people in di?erent states and receives 
memoranda from them regarding their problems, and so on.  
6. He is leader of the party in power. 
7. He is poli1cal head of the services.  
Council of Ministers
The ouncil of ministers headed by the prime minister is the real execu1ve authority is our poli1co- 
administra1ve system. The principles of parliamentary system of government are not detailed in the 
Cons1tu1on, but two Ar1cles (74 and 75) deal with them in a broad, sketchy and general manner. Ar1cle 74 
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