The office of Vice President is the second-highest constitutional office in India after the president and ranks second in the order of precedence. The vice president is also the ex-officio Chairman of the Rajya Sabha.
Article 66 of the Constitution of India states the manner of election of the vice president. The vice president is elected indirectly by members of an electoral college consisting of the members of both Houses of Parliament and not the members of state legislative assembly by the system of proportional representation using single transferable votes and the voting is conducted by Election Commission of India via secret ballot. The vice president also acts as the chancellor of the central universities of India.
Qualifications
As in the case of the president, to be qualified to be elected as vice president, a person must:[3]
- Be a citizen of India
- Be at least 35 years of age
- Not hold any office of profit
Unlike in the case of the president, where a person must be qualified for election as a member of the Lok Sabha, the vice president must be qualified for election as a member of the Rajya Sabha. This difference is because the vice president is to act as the ex officio Chairman of the Rajya Sabha.
Election
The vice president is elected indirectly, by an electoral college consisting of members (elected as well as nominated) of both Houses of Parliament, by the system of proportional representation using single transferable votes and the voting is by secret ballot.
The election of the vice president is slightly different from the election of the president as the members of state legislatures are not part of the electoral college but the nominated members of Rajya Sabha are part of it.
The Election Commission of India conducts the election. The election is to be held no later than 60 days of the expiry of the term of office of the outgoing vice president.
The election is held via proportional representation using single transferable votes by secret ballot.
Nominated members of both the houses of the Parliament can also participate in the election.
The vice president may resign office by submitting a letter of resignation to the president. The resignation becomes effective from the day it is accepted.
Election disputes
All disputes arising in connection with the election of the vice president are petitioned to the Supreme Court of India, which inquires into the matter. The petition is heard by a five-member bench of the Supreme Court, which decides on the matter. The decision of the Supreme Court is final.
Oath or Affirmation
Article 69 of the Constitution of India provides for the oath or affirmation for the office of Vice President .
The president administers the oath of office and secrecy to the vice president.
Term
The vice president holds office for five years. The vice president can be re-elected any number of times. However, the office may be terminated earlier by death, resignation, or removal.
The Constitution does not provide a mechanism of succession to the office of vice president in the event of an extraordinary vacancy, apart from re-election. However, the Deputy Chairman of the Rajya Sabha can perform the vice president’s duties as the Chairman of the Rajya Sabha in such an event.
However, when the president dies in office and vice president takes over as president, the vice president can continue serving as the president for a maximum of 6 months within which a new president shall be elected.
Removal
The Constitution states that the vice president can be removed by a resolution of the Rajya Sabha passed by an Effective majority (majority of all the then members) and agreed by the Lok Sabha with a simple majority( Article 67(b)). But no such resolution may be moved unless at least 14 days notice in advance has been given. Notably, the Constitution does not list grounds for removal. No Vice President has ever faced removal or the deputy chairman in the Rajya Sabha cannot be challenged in any court of law per Article 122.
The Supreme Court can also remove the vice president for committing electoral malpractices and not fulfilling the eligibility criteria for Rajya Sabha while in the office per Article 71(1) of the constitution. Per Article 71(1), the Supreme Court also must examine the doubts raised in connection with the conduct of a vice president and remove the vice president if found committing contempt of the Constitution.
Salary and pension
There is no provision for the salary of the vice president of India in that capacity. The vice president receives a salary in the capacity of the ex officio Chairman of the Rajya Sabha, which is currently ₹400,000 per month. In addition, the vice president is entitled to a daily allowance, free furnished residence, medical, travel, and other facilities.
The constitution provides that when the vice president acts as the president or discharges the duties of the president, the vice president is entitled to the salary and privileges of the president. The pension for the vice president is 50% of the salary.
Powers and Functions
- In the capacity of ex-officio Chairman of Rajya Sabha, his powers and functions are similar to those of the Speaker of Lok Sabha.
- In this respect, it is similar to the American vice-president, who also acts as the Chairman of the Senate (the Upper House of the American legislature).
- While acting as President or discharging the functions of the President, the Vice-President does not perform the duties of the office of the chairman of Rajya Sabha.
- During this period, those duties are performed by the Deputy Chairman of Rajya Sabha.
- Vice-President acts as President when a vacancy occurs in the office of the President due to his-
- Resignation,
- Removal,
- Death or otherwise.
- He can act as President only for a maximum period of six months, within which a new President has to be elected.
- When the sitting President is unable to discharge his functions due to absence, illness or any other cause, the Vice-President discharges his functions until the President resumes his office.
- When a bill is introduced in the Rajya Sabha, the vice president decides whether it is a money bill or not. If he is of the opinion that a bill introduced in the Rajya Sabha is a money bill, he shall refer it to the Speaker of the Lok Sabha.
