Vice President (Article 63 - 71)

The Vice President of India is the second highest ranking government official after the President. Vice President is the ex-officio chairman of the Rajya Sabha.

Article 63 - The Vice-President of India

Article 63 of the Constitution of India provides for a Vice President.

Article 64 - The Vice-President to be ex officio Chairman of the Council of States

Article 64 defines that the official chairman of rajya sabha is vice president.

Article 65 - Vice-President to act as President or discharge his functions during casual vacancies

When the President is unable to discharge his functions owing to absence, illness or any other cause, the vice president shall act and discharge his functions as the president. At that time, the Vice President was known as the Acting President. The Vice President can continue as Acting President for a maximum period of 6 months. (Then he does not do his functions as the chairperson of Rajya Sabha). The Vice President cannot preside over the Rajya Sabha while he is the Acting President. He receives a salary as the Chairman of the Rajya Sabha, not as the Vice President.

Article 66 - Election of Vice-President

Vice President is elected by an electoral college of members of both the Houses (Rajya Sabha and Lok Sabha) of the parliament by single transferable vote by secret ballot of the Parliament. State legislators do not have voting rights. Nomination of the candidate for election to the office of vice president must be subscribed by atleast 20 electors as proposers and 20 electors as seconders. Every candidate has to make a security deposit of Rs.15000 in the Reserve Bank of India. The qualifications of president are citizen of india, more than 35 years of age, possess the qualification for membership of rajya sabha, not hold any office of profit under union, state or local authority.

Article 67 - Term of office of Vice-President and Removal of Vice President

The Vice-President shall hold the office for a term of five years from the date on which he enters upon his office. He can be removed by a resolution of the Rajya Sabha passed by an absolute majority (effective majority). (Majority of the total members of the House). This resolution however must be agreed to by the Lok Sabha (Simple Majority). Before moving such a resolution a 14 days advance notice has to be given. The vice president can hold office beyond his term of five years until his successor assumes charge. The vice president may resign his office by writing under his hand addressed to the President.

Article 68 - Time of holding election to fill vacancy in the office of Vice-President

It defines the time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy. If a vacancy occurs in the office of Vice President, a new Vice President should be elected as soon as possible.

Article 69 - Oath or affirmation by the Vice-President

Every Vice-President shall, before entering upon his office, make and subscribe before the President, or other persons in charge on behalf of president, an oath or affirmation about the faithful discharge of his duty.

Article 70 - Discharge of President’s functions in other contingencies

Parliament may make such provisions as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.

Article 71 - Matters relating to, or connected with, the election of a President or Vice-President

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 decision of the supreme court is final.

Functions and Duties of Vice President

• The Vice President is the chairman of Rajya Sabha. The Vice President cannot preside over the Rajya Sabha while he is the Acting President. He receives a salary as the Chairman of the Rajya Sabha, not as the Vice President.

• He presides over the meetings of Rajya Sabha.

• He maintains decorum and decency in Rajya Sabha.

• Allots time to members to speak.

• He is not a member of Rajya Sabha.

• Makes use of casting vote (in case of tie).

• Acts as President in case of vacancy in the presidential office for a maximum period of 6 months.