The constitution under article 63 mentions the office of Vice-President of India. The Vice-President of India occupies the second highest constitutional position in the country. In terms of precedence, the Vice-President is ranked immediately below the President. The concept of the Vice President’s office in the Indian Constitution was inspired by the United States’ system.

Qualifications for the office of Vice-President

To be eligible for the office of the President, a candidate

• must be a citizen of India. 
• should have reached the age of 35 years. 
• must be eligible to be elected as a member of the Rajya Sabha. 
• must not hold any office of profit under the Union Government, any State Government, or any local authority.

The office of the President, Vice-President, Governor or a minister of the Union or any State government is not considered as the office of profit for this purpose.

Conditions for the office of Vice-President

The candidate should not be a member of either House of Parliament or any state legislature; if they are, they must vacate their seat prior to assuming the role of Vice-President of India.

• The salary of a Vice President is determined by the Salaries and Allowances of Parliament Officers Act, 1953. The Vice President receives a salary as the Chairman of the Rajya Sabha.

Nomination of Vice-President

The elections for the post of Vice President is conducted by the Election Commission of India

• A person who meets the qualifications for election and wishes to run for Vice-President must be nominated by at least 20 Members of Parliament as proposers, and at least 20 Members as seconders. 
• The nomination papers must be submitted to the Returning Officer. 
• The Secretary-General of either House of Parliament, appointed to conduct the Vice-Presidential election on a rotating basis, serves as the Returning Officer.

Election of the Vice President

Constitutional provision: The manner of election of the Vice-President is provided under Article 66 of the Indian constitution. 

• Election system:  The election process employs a system of proportional representation through a single transferable vote to elect the Vice-President. Instead of being elected directly by the public, the Vice-President is elected by an electoral college.
• Electoral college: The electoral college for electing the Vice-President comprises members of both the Houses of Parliament. 
• Voting: Voting is done using a secret ballot i.e. members casting their votes do not require to show their ballot to their respective party persons.
• Comparison of electoral college: The electoral college for the election of Vice-President is different from that for the election of President in two ways-
  • Includes nominated members: This group also includes nominated members, who participate in the Vice-President’s election but do not partake in the Presidential election.
  • Excludes members of state legislatures: Members of State legislature have no role to play in the election of the Vice-President of India while they vote in the election of the President of India.

• Provisions for re-appointment: The same person can be appointed as the Vice-President any number of times. The Constitution does not impose any limit on the number of terms.

Oath or affirmation by the Vice-President

The President administers the oath to the Vice-President. In the absence of the President, some person appointed by the president administers such an oath. The Vice-President subscribes to an oath or affirmation-

• must pledge loyalty to the Indian Constitution 
• and commit to faithfully performing the responsibilities associated with the office.

Term of office Vice-President

The Vice-President holds office for a term of five years from the date on which he/she enters upon his/her office as Vice-President.

Vacancy Of Vice-President

Vacancy in the office of the Vice-President can occur due to following reasons-

On the expiry of his/her tenure of five years 

• By his/her resignation 
• On his/her removal from office
• By his/her death 
• Otherwise, for example, reasons such as when the Election commission of India declares his/her election as void then he/she becomes disqualified to hold that office.

What happens in case of a vacancy?

• If the vacancy is caused by the expiration of the term of the vice president, an election must be held before the expiration of the term.
• In the event that a position in the office becomes vacant due to death, resignation, removal, or other circumstances, an election must be held promptly, and the individual elected during this process will serve a complete term of 5 years in the office.
• It is significant to highlight that the Constitution does not specify who will fulfill the Vice-President’s duties during a vacancy before the term ends or while the Vice-President takes on the President’s role. 

Removal of the Vice President

Resolution for removal: To remove the Vice-President, a resolution must be passed by an effective majority of all current members of the Rajya Sabha, which must also be approved by the Lok Sabha. 

• Notice: Before initiating the removal resolution, a 14-day advance notice must be provided to the current Vice-President. 
• No Formal Impeachment: No formal impeachment process akin to that for the President is necessary for the Vice-President’s removal.

Functions of the Vice President

The Vice-President as Chairman of the Rajya Sabha

The Vice-President serves as the ex-officio Chairman of the Rajya Sabha and has several responsibilities, including: 

• Final authority in the house: He/she is the final authority on the interpretation of the Constitution and the Rules of Procedure for all house-related matters.  His rulings constitute binding precedent.  
• Disqualification due to defection: Determining disqualifications of Rajya Sabha members on defection grounds.  
• Improve the functioning of the house: The Vice-President is also empowered to enhance the productivity of the Upper House. There have been numerous instances where they have exercised their authority to tackle issues such as increasing question hour productivity, mitigating extended disruptions, maintaining decorum in the House, and promoting discussions on critical national matters.
• Guardian of Parliamentary privileges: As the guardian of Parliamentary privileges, the Chairman can issue warrants to enforce the House’s orders. For example, in 1967, an individual was sanctioned for contempt of the Rajya Sabha for distributing leaflets from the visitors’ gallery; the then Vice-President sentenced them to simple imprisonment until the session concluded, following the House’s resolution.
• Power with regards to privileges: The Chairman’s permission is necessary to raise questions concerning breaches of privilege. The Vice-President also retains discretion over whether to refer such issues to the Privileges Committee and whether to accept its recommendations.

Role in Parliamentary Committees

Nomination of members

• The Vice-President has the authority to appoint members to various Parliamentary Committees, designate their Chairpersons, and provide them with direction. 
• They also nominate members from the Rajya Sabha to different organizations, including the Institute of Constitutional and Parliamentary Studies. 
• The Vice-President participates in the three-member Committee that appoints the Chairman of the Press Council of India.

The Vice-President as Acting President

In accordance with Article 65, during a casual vacancy in the Presidential office caused by death, resignation, removal, or other circumstances, the Vice-President serves as Acting President until a new President is elected. 

• When the President is unable to fulfill their duties due to absence, illness, or other reasons, the Vice-President assumes those responsibilities until the President can resume their role. 
• During this time, the Vice-President possesses all the powers, immunities, and privileges of the President, along with the emoluments and allowances that the President is entitled to receive.
• When the Vice-President serves as or fulfills the functions of the President, he/she does not carry out the responsibilities associated with the position of Chairman of the Rajya Sabha. During such a time, the Deputy Chairman of the Rajya Sabha undertakes the Chairman’s duties.

Comparison between the Indian and American Vice Presidents