Vice President of India: Role, Election & Powers
The Vice President of India holds the nation's second-highest constitutional office, serving as ex-officio Chairman of the Rajya Sabha. This role involves presiding over the Council of States and assuming presidential duties during vacancies. Elected by an electoral college of Members of Parliament, the VP ensures a vital link between executive and legislative branches.
Key Takeaways
VP is India's second-highest constitutional office.
Serves as ex-officio Chairman of the Rajya Sabha.
Acts as President during vacancies or incapacitation.
Elected by MPs using proportional representation.
Term is five years, removable by Rajya Sabha resolution.
What is the constitutional basis for the Vice President's office?
Article 63 of the Indian Constitution establishes the office of the Vice President, outlining its fundamental existence and significance. This article ensures the continuity of a high constitutional authority, providing a clear framework for the position's establishment and its role in the Indian political system.
- Establishment of the office
- Security Deposit for Election: ₹15,000
What is the primary role of the Vice President in the Rajya Sabha?
Article 64 mandates the Vice President serves as ex-officio Chairman of the Rajya Sabha, or Council of States. This crucial function involves presiding over the upper house, maintaining order, and regulating debates. The role ensures smooth legislative business and upholds parliamentary decorum.
- Vice President serves as ex-officio Chairman of the Council of States (Rajya Sabha)
When does the Vice President assume the role of Acting President?
Article 65 specifies the Vice President acts as President during vacancies due to death, resignation, or removal. This ensures constitutional continuity and prevents power vacuums. As India's second citizen, the Vice President performs presidential functions until a new President is elected or incumbent resumes duties.
- Acts as President during Presidential vacancies
- Second citizen of India
How is the Vice President of India elected?
Article 66 governs the Vice President's election by an electoral college of Members of Parliament. The election uses proportional representation via single transferable vote and secret ballot, ensuring fair representation and integrity. Candidates must meet eligibility criteria, including age and citizenship.
- Electoral College: Members of Parliament (both houses)
- Method of Election: Proportional Representation + Single Transferable Vote (STV)
- Voting: Secret Ballot
- Eligibility: Citizen of India, Minimum Age: 35 years, Qualified to be a member of Rajya Sabha, Cannot hold any office of profit
What is the term of office for the Vice President and how can they be removed?
Article 67 outlines the Vice President's term, typically five years. Resignation is submitted to the President. Removal requires a Rajya Sabha resolution passed by majority, agreed to by Lok Sabha, with 14 days' notice. The Vice President continues until a successor is appointed.
- Term: Up to 5 years
- Resignation: To the President (vice-versa)
- Removal: Initiated by Rajya Sabha, Requires majority of all members, 14 days' prior notice
- Continues until a successor is appointed
How are vacancies in the Vice President's office filled?
Article 68 mandates that an election to fill a Vice Presidential vacancy must be held as soon as possible, ideally within sixty days. This provision ensures the crucial constitutional office does not remain vacant for an extended period, maintaining continuity and stability in India's governance structure.
- Election to fill vacancy within 60 days
Who administers the oath of office to the Vice President?
Article 69 specifies the Vice President's oath of office is administered by the President, or a designated person. This formal ceremony underscores the constitutional significance of the role and commitment to upholding the Constitution. The oath-taking is an essential part of assuming this high office.
- Administered by the President (or designated person)
Under what circumstances does the Vice President discharge Presidential functions?
Article 70 empowers the Vice President to discharge Presidential functions in various contingencies not covered by Article 65. This includes unforeseen circumstances where the President is unable to perform duties. This provision acts as a safety net, ensuring continuous performance of head of state functions and safeguarding governmental stability.
- Vice President discharges Presidential functions in contingencies
How are disputes concerning the Vice President's election resolved?
Article 71 outlines that disputes regarding the Vice President's election are exclusively decided by the Supreme Court, whose decision is final. Actions taken by the Vice President before a Supreme Court decision remain valid. Parliament can make laws on election matters. Challenges based solely on electoral college composition are deemed invalid.
- Disputes decided by the Supreme Court
- Actions taken before a decision are valid
- Parliament can make laws on election matters
- Challenges based on the composition of the electoral college are invalid
What is the Single Transferable Vote (STV) system?
The Single Transferable Vote (STV) is an electoral system used for the Vice Presidential election. It is a preference-based voting mechanism where voters rank candidates. Votes are transferred from eliminated candidates or surplus votes until a quota is met. This system aims for proportional representation and broad support.
- Preference-based voting system
- Quota system to determine winners
What are the differences in pardoning powers between the President and Governor?
Articles 72 and 161 delineate the pardoning powers of the President and Governor. The President's power (Article 72) is broader, including death sentences. A Governor's power (Article 161) is more limited, unable to pardon death sentences or court-martial. Judicial review is possible only if arbitrary, irrational, mala fide, or discriminatory.
- President's Pardoning Power: Pardon, Commute, Remission, Respite, Reprieve, Can pardon death sentences
- Governor's Pardoning Power: Cannot pardon death sentences or court-martial
- Judicial Review of Pardoning Power (Kehar Singh Case, 1988): Judicial review only if arbitrary, irrational, mala fide, or discriminatory
What judicial powers does the President of India possess?
The President of India holds significant judicial powers, including appointing judges to the Supreme Court and High Courts. They can also seek non-binding advisory opinions from the Supreme Court. Furthermore, the President grants pardons, reprieves, and remissions of punishment, exercising a vital role in the justice system.
- Appoints judges to the Supreme Court and High Courts
- Can seek advice from the Supreme Court (non-binding)
- Grants pardons, reprieves, respites, and remissions of punishment; suspends, remits, or commutes sentences
Who holds the record for the longest-serving Vice President of India?
Hamid Ansari holds the distinction of being India's longest-serving Vice President, serving two consecutive terms from 2007 to 2017. His decade-long tenure saw him serve under three different Presidents, demonstrating remarkable continuity and stability in this high constitutional position.
- Hamid Ansari (served under three Presidents)
Who are some notable individuals who have served as Vice President of India?
India has been served by a distinguished line of Vice Presidents since the office's inception. Notable figures include Sarvepalli Radhakrishnan, the first Vice President, and Hamid Ansari, the longest-serving. Each contributed to the nation's governance, fulfilling dual roles of presiding over the Rajya Sabha and being prepared to assume presidential duties.
- Sarvepalli Radhakrishnan (1952-1962)
- Zakir Husain (1962-1967)
- V. V. Giri (1967-1969)
- Gopal Swarup Pathak (1969-1974)
- B. D. Jatti (1974-1979)
- M. Hidayatullah (1979-1984)
- R. Venkataraman (1984-1987)
- Shanker Dayal Sharma (1987-1992)
- K. R. Narayanan (1992-1997)
- Krishan Kant (1997-2002)
- Bhairon Singh Shekhawat (2002-2007)
- Hamid Ansari (2007-2017)
- Venkaiah Naidu (2017-2022)
- Jagdeep Dhankhar (2022-Present)
Frequently Asked Questions
What is the main function of the Vice President of India?
The Vice President chairs the Rajya Sabha and acts as President during vacancies, ensuring constitutional continuity.
How is the Vice President elected?
MPs elect the VP via proportional representation, single transferable vote, and secret ballot.
What are the eligibility criteria for the Vice President?
Must be an Indian citizen, 35+ years old, qualified for Rajya Sabha, and hold no office of profit.
Can the Vice President be removed from office?
Yes, by a Rajya Sabha resolution, agreed to by Lok Sabha, with 14 days' notice.
What is the difference in pardoning power between the President and Governor?
President can pardon death sentences; Governors cannot. Both grant other clemency, subject to judicial review.
