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Introduction
The Vice-President of India is the second highest constitutional office in the Republic of India. The office was created under Article 63 of the Constitution. The Vice-President serves as the ex-officio Chairman of the Rajya Sabha and acts as the President whenever the office of the President falls vacant or the President is unable to discharge official duties.
Constitutional Framework
| Article | Subject |
|---|---|
| 63 | Vice-President of India |
| 64 | Ex-officio Chairman of the Rajya Sabha |
| 65 | Acts as President during vacancy or absence |
| 66 | Election of the Vice-President |
| 67 | Term and Removal |
| 68 | Election to fill vacancy |
| 69 | Oath or Affirmation |
Election of the Vice-President
The Vice-President is elected indirectly through the system of Proportional Representation by means of the Single Transferable Vote (STV) by secret ballot.
Electoral College
- All elected members of the Lok Sabha.
- All nominated members of the Lok Sabha.
- All elected members of the Rajya Sabha.
- All nominated members of the Rajya Sabha.
Unlike the Presidential election, Members of State Legislative Assemblies do not participate in the election of the Vice-President.
Qualifications (Article 66)
- Must be a citizen of India.
- Must have completed 35 years of age.
- Must be qualified for election as a member of the Rajya Sabha.
- Must not hold any office of profit under the Union or State Government.
Term of Office (Article 67)
- Holds office for five years.
- Eligible for re-election.
- Continues until a successor assumes office.
- May resign by writing to the President.
Oath or Affirmation (Article 69)
The Vice-President takes the oath before the President of India and swears to bear true faith and allegiance to the Constitution and faithfully discharge the duties of the office.
UPSC Insight
Remember the key distinction:
President's Electoral College = Elected MPs + Elected MLAs.
Vice-President's Electoral College = All Members (elected and nominated) of both Houses of Parliament only.
This difference is frequently tested in UPSC Prelims.
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Powers and Functions of the Vice-President
The Vice-President performs important constitutional and parliamentary functions. The office primarily serves as the ex-officio Chairman of the Rajya Sabha and acts as the President in specific constitutional situations.
1. Ex-officio Chairman of the Rajya Sabha (Article 64)
- Presides over the sittings of the Rajya Sabha.
- Maintains order and decorum during debates.
- Decides who may speak in the House.
- Interprets and enforces the Rules of Procedure.
- Allows discussions, motions and resolutions according to parliamentary rules.
- Exercises a casting vote only in the event of a tie.
- Refers Bills and other matters to Parliamentary Committees where required.
2. Acts as the President (Article 65)
The Vice-President discharges the functions of the President when:
- The office of the President falls vacant due to death, resignation, removal or otherwise.
- The President is unable to perform official duties because of absence, illness or any other reason.
While acting as President, the Vice-President exercises all the powers, functions and immunities of the President until a new President assumes office or the President resumes duties.
3. Legislative Functions
- Conducts the business of the Rajya Sabha.
- Protects the rights and privileges of Members.
- Ensures smooth and impartial functioning of the Upper House.
- Encourages meaningful parliamentary debate.
- Maintains the dignity and discipline of the House.
4. Administrative Functions
- Supervises the functioning of the Rajya Sabha Secretariat.
- Ensures implementation of parliamentary procedures.
- Coordinates with parliamentary committees and officials.
- Facilitates efficient legislative functioning.
Limitations of the Vice-President
- Normally has no independent executive powers.
- Is not a member of the Council of Ministers.
- Does not exercise the powers of the President unless acting under Article 65.
- Has no ordinary role in day-to-day administration of the Union Government.
Significance of the Office
- Provides constitutional continuity during vacancies in the office of the President.
- Ensures stability in the functioning of Parliament.
- Acts as an impartial Presiding Officer of the Rajya Sabha.
- Strengthens India's parliamentary democracy.
- Acts as an important constitutional link between the Executive and the Legislature.
UPSC Value Addition
Remember these important Articles:
Article 64 – Vice-President as the ex-officio Chairman of the Rajya Sabha.
Article 65 – Vice-President acts as the President during vacancy or inability of the President.
Article 67 – Term and removal of the Vice-President.
For UPSC Mains, clearly distinguish between the **constitutional role of the Vice-President** and the **executive powers of the President**. Mention that the Vice-President's principal responsibility is presiding over the Rajya Sabha, while the office assumes presidential powers only under the circumstances specified in **Article 65**.
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Removal of the Vice-President (Article 67)
Unlike the President, the Vice-President is not impeached. The Constitution provides a separate procedure for removal under Article 67(b).
- A resolution for removal may be initiated only in the Rajya Sabha.
- The resolution must be passed by an effective majority of the Rajya Sabha.
- The Lok Sabha must agree to the resolution by a simple majority.
- At least 14 days' notice must be given before moving the resolution.
- No specific grounds for removal are mentioned in the Constitution.
Vacancy in the Office
A vacancy in the office of the Vice-President may occur due to:
- Expiry of the five-year term.
- Resignation addressed to the President.
- Removal under Article 67.
- Death.
- Any other reason leading to the office becoming vacant.
According to Article 68, an election to fill the vacancy should be held as provided by the Constitution.
Vice-President Acting as the President
When the Vice-President acts as the President under Article 65:
- Exercises all powers and functions of the President.
- Receives the salary and privileges of the President.
- Does not perform the duties of the Chairman of the Rajya Sabha during that period.
- The Deputy Chairman presides over the Rajya Sabha in his absence.
Comparison: President and Vice-President
| Basis | President | Vice-President |
|---|---|---|
| Constitutional Article | Article 52 | Article 63 |
| Election | Elected MPs + Elected MLAs | Members of both Houses of Parliament |
| Main Role | Constitutional Head of the Union | Chairman of the Rajya Sabha |
| Removal | Impeachment | Resolution under Article 67 |
| Executive Powers | Yes | Only while acting as President |
Constitutional Importance
- Ensures continuity in the highest constitutional office.
- Provides stability during vacancies in the office of the President.
- Maintains impartiality in the functioning of the Rajya Sabha.
- Strengthens parliamentary democracy and constitutional governance.
- Acts as a constitutional safeguard during unforeseen situations.
Role in Parliamentary Democracy
- Protects the dignity and independence of the Rajya Sabha.
- Facilitates healthy debates and legislative scrutiny.
- Ensures orderly conduct of parliamentary proceedings.
- Promotes cooperative functioning between constitutional institutions.
UPSC Value Addition
- Article 63 – Vice-President of India.
- Article 64 – Ex-officio Chairman of the Rajya Sabha.
- Article 65 – Acts as President.
- Article 67 – Term and Removal.
- Article 68 – Election to fill a Vacancy.
- Article 69 – Oath or Affirmation.
For UPSC Mains, clearly distinguish the removal procedures of the President and the Vice-President. Remember that the President is removed through impeachment, whereas the Vice-President is removed by a resolution of the Rajya Sabha agreed to by the Lok Sabha. This distinction is frequently tested in both Prelims and Mains.
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Constitutional Significance of the Vice-President
The Vice-President of India occupies the second highest constitutional office in the country. The office provides continuity in the Union Executive during vacancies in the Presidency and ensures the effective functioning of the Rajya Sabha as its ex-officio Chairman. It is an essential institution supporting India's parliamentary democracy and constitutional governance.
Important Constitutional Developments
| Development | Significance |
|---|---|
| Constitution (42nd Amendment) Act, 1976 | Strengthened the parliamentary system by reinforcing the role of constitutional authorities functioning under the Constitution. |
| Constitution (44th Amendment) Act, 1978 | Restored constitutional balance and strengthened democratic institutions, including the offices of the President and Vice-President. |
| Anti-Defection Law (52nd Amendment, 1985) | Improved stability in parliamentary functioning, indirectly affecting the role of the Chairman of the Rajya Sabha. |
| Parliamentary Reforms | Enhanced committee systems and procedural efficiency under the Chairmanship of the Vice-President. |
Important Supreme Court Judgments
- Kuldip Nayar v. Union of India (2006) – Clarified important aspects relating to Rajya Sabha elections and parliamentary representation.
- Raja Ram Pal v. Hon'ble Speaker, Lok Sabha (2007) – Reaffirmed judicial review over parliamentary actions while respecting parliamentary privileges.
- Nabam Rebia v. Deputy Speaker (2016) – Highlighted constitutional principles governing Presiding Officers and legislative functioning.
- Shamsher Singh v. State of Punjab (1974) – Reinforced the constitutional framework of executive authority under the parliamentary system.
Major Challenges
- Maintaining complete political neutrality while presiding over the Rajya Sabha.
- Managing frequent disruptions in parliamentary proceedings.
- Ensuring balanced opportunities for debate among all political parties.
- Balancing constitutional responsibilities when acting as President.
- Strengthening public confidence in parliamentary institutions.
Suggested Reforms
- Strengthen parliamentary ethics and discipline.
- Promote wider use of parliamentary committees.
- Increase transparency in legislative proceedings.
- Adopt technology for efficient parliamentary management.
- Enhance orientation programmes for newly elected Members of Parliament.
- Preserve the impartiality and dignity of the Chair.
Current Relevance for UPSC
- Role of the Vice-President during coalition governments.
- Functioning of the Rajya Sabha in India's federal structure.
- Parliamentary reforms and legislative productivity.
- Constitutional conventions relating to the office of the Vice-President.
- Importance of impartial Presiding Officers in parliamentary democracy.
UPSC Answer Writing Strategy
Introduction
Define the Vice-President with reference to Article 63 and mention that the office is the second highest constitutional office in India.
Body
- Constitutional provisions (Articles 63–69).
- Election, qualifications and tenure.
- Powers and functions as Chairman of the Rajya Sabha.
- Role as Acting President.
- Removal procedure, constitutional importance, challenges and reforms.
Conclusion
Conclude by stating that the Vice-President strengthens parliamentary democracy by ensuring the effective functioning of the Rajya Sabha and providing constitutional continuity whenever required.
UPSC Value Addition
- Article 63 – Vice-President of India.
- Article 64 – Ex-officio Chairman of the Rajya Sabha.
- Article 65 – Acts as President.
- Article 66 – Election.
- Article 67 – Term and Removal.
- Article 69 – Oath or Affirmation.
For UPSC Mains, always compare the constitutional roles of the **President** and the **Vice-President**, explain why the Vice-President is the **ex-officio Chairman of the Rajya Sabha**, and support your answers with relevant Articles and landmark judgments. This comparative approach improves answer quality and fetches better marks.
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UPSC Previous Year Questions (Theme-Based)
PYQ 1
Discuss the constitutional position of the Vice-President of India. Explain his role as the ex-officio Chairman of the Rajya Sabha.
PYQ 2
Compare the offices of the President and the Vice-President of India with reference to their election, powers, functions and removal.
Model Answer Framework (15 Marks)
Introduction
The Vice-President of India, established under Article 63, is the second highest constitutional authority in the country and serves as the ex-officio Chairman of the Rajya Sabha under Article 64.
Body
- Constitutional provisions (Articles 63–69).
- Election, qualifications and tenure.
- Powers and functions as Chairman of the Rajya Sabha.
- Role as Acting President under Article 65.
- Removal procedure, constitutional importance, challenges and reforms.
Conclusion
The Vice-President ensures constitutional continuity and strengthens India's parliamentary democracy through impartial functioning of the Rajya Sabha and by discharging the duties of the President whenever required.
Practice Questions
- Explain the election procedure of the Vice-President of India.
- Discuss the constitutional powers and functions of the Vice-President.
- Explain the role of the Vice-President as the Chairman of the Rajya Sabha.
- Distinguish between the President and the Vice-President of India.
- Describe the removal procedure of the Vice-President under the Constitution.
Case Study
The office of the President of India suddenly becomes vacant due to resignation. Explain the constitutional role of the Vice-President under Article 65. Discuss the powers exercised during this period and the constitutional mechanism for electing a new President.
UPSC Prelims MCQs
1. Which Article of the Constitution provides for the office of the Vice-President of India?
A. Article 52B. Article 63
C. Article 72
D. Article 74
Answer: B
2. The Vice-President of India is the ex-officio Chairman of:
A. Lok SabhaB. Rajya Sabha
C. NITI Aayog
D. Inter-State Council
Answer: B
3. The Vice-President is elected by:
A. Elected Members of Parliament onlyB. Members of State Legislative Assemblies
C. Members of both Houses of Parliament (elected and nominated)
D. Electoral College consisting of MPs and MLAs
Answer: C
4. Which Article empowers the Vice-President to act as the President?
A. Article 64B. Article 65
C. Article 66
D. Article 67
Answer: B
5. The minimum age to contest the election for Vice-President is:
A. 25 yearsB. 30 years
C. 35 years
D. 40 years
Answer: C
6. The Vice-President must be qualified to become a member of:
A. Lok SabhaB. Rajya Sabha
C. State Legislative Assembly
D. Legislative Council
Answer: B
7. A resolution for the removal of the Vice-President can be initiated only in the:
A. Lok SabhaB. Rajya Sabha
C. Joint Sitting of Parliament
D. Supreme Court
Answer: B
8. The Vice-President takes the oath before the:
A. Chief Justice of IndiaB. Prime Minister
C. President of India
D. Speaker of the Lok Sabha
Answer: C
9. The normal term of office of the Vice-President is:
A. Four yearsB. Five years
C. Six years
D. Seven years
Answer: B
10. Which majority is required in the Rajya Sabha for the removal of the Vice-President?
A. Simple MajorityB. Absolute Majority
C. Effective Majority
D. Special Majority
Answer: C
UPSC Interview Questions
- Why is the Vice-President made the ex-officio Chairman of the Rajya Sabha?
- Should the Vice-President be given greater constitutional responsibilities?
- How does the Vice-President contribute to parliamentary democracy?
- What challenges does the Chairman of the Rajya Sabha face during disruptive sessions?
- How is the Vice-President different from the Speaker of the Lok Sabha?
UPSC Answer Writing Tip
For a high-scoring UPSC Mains answer, begin with Article 63, explain the election, qualifications, tenure and constitutional position of the Vice-President, discuss the role as the ex-officio Chairman of the Rajya Sabha (Article 64), explain the Acting President provisions under Article 65, compare the office with that of the President, quote relevant constitutional Articles, and conclude by highlighting the Vice-President's contribution to parliamentary democracy and constitutional continuity.
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Mind Map – Vice-President of India
VICE-PRESIDENT OF INDIA
│
┌───────────────┼────────────────┐
│ │ │
Election Powers Constitutional
│ │ Position
Electoral College Chairman Article 63
MPs Only Rajya Sabha Article 64
STV System Acting President Article 65
Secret Ballot Legislative Role Removal
│ │ │
└───────────────┼────────────────┘
│
Constitutional Continuity
Parliamentary Stability
Mnemonic – "VICE"
| Letter | Meaning |
|---|---|
| V | Vacancy – Acts as President (Article 65) |
| I | Indirect Election by Members of Parliament |
| C | Chairman of the Rajya Sabha (Article 64) |
| E | Ensures Constitutional Continuity |
One-Minute Revision Table
| Topic | Quick Revision |
|---|---|
| Article 63 | Vice-President of India |
| Article 64 | Ex-officio Chairman of the Rajya Sabha |
| Article 65 | Acts as President |
| Article 66 | Election |
| Article 67 | Term and Removal |
| Article 68 | Election to Fill Vacancy |
| Article 69 | Oath or Affirmation |
Important UPSC Facts
- The Vice-President is the second highest constitutional office in India.
- The Vice-President is elected by members of both Houses of Parliament through proportional representation by means of the Single Transferable Vote (STV).
- The Vice-President is the ex-officio Chairman of the Rajya Sabha.
- The Vice-President acts as the President during a vacancy or inability of the President under Article 65.
- The Vice-President must be qualified for election as a member of the Rajya Sabha.
- The normal term of office is five years.
Common Mistakes in UPSC Examination
- Confusing the Vice-President's Electoral College with that of the President.
- Incorrectly stating that State Legislative Assemblies participate in the Vice-Presidential election.
- Assuming the Vice-President has independent executive powers.
- Confusing removal of the Vice-President with impeachment of the President.
- Ignoring the role of the Vice-President as the Chairman of the Rajya Sabha.
UPSC Personality Test (Interview) Points
- Why is the Vice-President made the Chairman of the Rajya Sabha instead of the Speaker of the Lok Sabha?
- Should the Vice-President have greater constitutional responsibilities?
- How does the Vice-President strengthen parliamentary democracy?
- What qualities are essential for an impartial Presiding Officer?
- How does the Vice-President ensure constitutional continuity during a Presidential vacancy?
Chapter Synopsis
The Vice-President of India is the second highest constitutional authority and serves as the ex-officio Chairman of the Rajya Sabha. The office plays a vital role in maintaining parliamentary discipline, ensuring legislative continuity and acting as the President whenever the office of the President falls vacant or the President is unable to discharge official functions. The institution is an essential pillar of India's parliamentary democracy.
Final Revision Points
- Article 63 – Vice-President of India.
- Article 64 – Ex-officio Chairman of the Rajya Sabha.
- Article 65 – Acts as President.
- Article 66 – Election by Members of Parliament.
- Article 67 – Five-year term and removal.
- Article 68 – Election to fill vacancy.
- Article 69 – Oath before the President.
- Remember: Vice-President = Chairman of Rajya Sabha + Acts as President + Constitutional Continuity.
Next Chapter (Page 26): Prime Minister of India – Appointment, Powers, Functions, Council of Ministers & Constitutional Position.
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