Office and Functions of the Vice-President of India

The Vice-President of India is the second-highest constitutional office in the country after the President. The office is modelled on the Vice-President of the United States, but unlike the U.S., the Indian Vice-President performs mainly legislative functions rather than executive functions. The office ensures continuity in the functioning of the executive and legislature during constitutional contingencies.

Constitutional Provisions

Election of the Vice-President

Electoral College: The Vice-President is elected by an Electoral College consisting of members of both Houses of Parliament, including:

• Elected Members of Lok Sabha
• Nominated Members of Lok Sabha
• Elected Members of Rajya Sabha
• Nominated Members of Rajya Sabha

Note: Unlike the President's election, State Legislative Assemblies do not participate.

Method of Election

• Proportional Representation by means of Single Transferable Vote (STV).
• Voting is conducted by secret ballot.
• Every MP has one vote of equal value.

Qualifications (Article 66)

A person must:

• Be a citizen of India.
• Have completed 35 years of age.
• Be qualified for election as a member of the Rajya Sabha.
• Not hold any office of profit under the Government of India, State Government or local authority.

Conditions of Office

• Cannot be a member of either House of Parliament or State Legislature after election.
• If already a Member of Parliament, the seat becomes vacant upon entering office.
• Receives salary only as Chairman of the Rajya Sabha, not as Vice-President.

Oath or Affirmation (Article 69)

The Vice-President takes oath before the President (or a person appointed by the President) to:

• Bear true faith and allegiance to the Constitution.
• Faithfully discharge the duties of the office.

Term of Office (Article 67)

• Holds office for 5 years.
• Continues until successor assumes office.
• Eligible for re-election any number of times.
• May resign by writing to the President.

Removal of the Vice-President

The Vice-President can be removed by:

• A resolution of the Rajya Sabha, passed by an effective majority (majority of all the then members).
• The resolution must be agreed to by the Lok Sabha by a simple majority.
• 14 days' prior notice is mandatory.

Note: Unlike the President, the Vice-President is not impeached.

Vacancy in the Office: A vacancy may arise due to:

• Expiry of term
• Resignation
• Removal
• Death
• Otherwise becoming vacant

A fresh election must be held before expiry of the term or as soon as possible in case of casual vacancy.

Functions and Powers of the Vice-President

Legislative Functions

Being the ex-officio Chairman of the Rajya Sabha, the Vice-President:

• Presides over the proceedings of the Rajya Sabha.
• Maintains order and decorum in the House.
• Decides points of procedure and interpretation of rules.
• Allows or disallows motions and resolutions as per parliamentary rules.
• Refers Bills to appropriate committees.
• Ensures smooth conduct of legislative business.

Casting Vote

• Does not vote in the first instance.
• Exercises a casting vote only in case of a tie.

Quasi-Judicial Functions

As Chairman of the Rajya Sabha, the Vice-President:

• Decides procedural disputes.
• Rules on admissibility of motions.
• Interprets Rules of Procedure.
• Takes disciplinary action against disorderly members.

Executive Functions (Acting President)

Under Article 65, the Vice-President acts as President when:

• Office of the President falls vacant due to death.
• Resignation.
• Removal.
• Otherwise vacant.

The Vice-President also discharges presidential functions when the President is:

• Ill
• Abroad
• Unable to perform official duties.

Powers while Acting as President

While acting as President, the Vice-President exercises all constitutional powers of the President, including:

• Executive powers
• Legislative powers
• Judicial powers
• Diplomatic powers
• Military powers
• Emergency powers

During this period:

• He ceases to perform duties as Chairman of Rajya Sabha.
• The Deputy Chairman presides over the Rajya Sabha.

Position of the Vice-President

Constitutional Position

• Second highest constitutional office.
• Link between the Executive and Legislature.
• Constitutional successor to the President in temporary vacancies.
• Permanent Presiding Officer of the Rajya Sabha.

Comparison: President vs Vice-President

Limitations of the Office

• No independent executive powers.
• Functions mainly as Chairman of the Rajya Sabha.
• Acts as President only temporarily.
• Has no role in the Council of Ministers.
• Does not possess discretionary executive authority.

Landmark Judgments

• S. Mohan Kumar Mangalam v. Election Commission of India (1977): The Supreme Court held that disputes relating to the election of the Vice-President fall within its exclusive jurisdiction under Article 71.
• In Re: Presidential Election (1974): The Supreme Court clarified that vacancies in the Electoral College do not invalidate a presidential or vice-presidential election, ensuring continuity of constitutional offices.

Significance of the Office

• Ensures constitutional continuity during vacancies in the office of the President.
• Acts as the impartial Presiding Officer of the Rajya Sabha.
• Protects parliamentary dignity and legislative efficiency.
• Strengthens institutional stability in India's parliamentary democracy.
• Serves as an important constitutional safeguard against executive discontinuity.

Conclusion

The Vice-President occupies a pivotal constitutional position by combining legislative leadership with the responsibility of ensuring executive continuity during presidential vacancies. Although the office has limited independent executive authority, it remains indispensable for maintaining parliamentary stability, constitutional governance, and the uninterrupted functioning of India's democratic institutions.