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Role, Power and Functions of Vice President of India -An Analysis

Submitted by

Yash Goyal

UID -SM0118062

3rdYear ( Semester V )

FACULTY IN-CHARGE

-Mr. Himangshu Ranjan Nath

CONSTITUTIONAL LAW –II

National Law University and Judicial Academy

Assam

17th December, 2020

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INTRODUCTION

Article 63 of the Constitution of India provides for a Vice-President: "There shall be a

Vice-President of India".1 While the Indian Vice-President could be elected for any
number of terms, the Constitution requires that the Vice-President must be a citizen of
India. The qualifications for Vice-President are the same as those for President.

The Vice-President of India is ex-officio Chairman of the Rajya Sabha. He is elected by

the electoral College consisting of the members of both Houses of Parliament i.e. Lok
Sabha and Rajya Sabha. As the presiding officer of Rajya Sabha his functions and powers
are the same as those of the Speaker. He is, however, not a member of the House.2

The Vice-President acts as President in the event of the death, resignation, or removal of
the President, until a new President is chosen by the electoral college. The Vice-President
may also act temporarily as President during the absence or illness of the President.

The Vice-President is elected for a term of five years whenever the office becomes vacant,
by an electoral college consisting of all the Members of both Houses of Parliament. He
can be re-elected.

However, the term of the Vice- President can be cut short if he resigns or by a resolution
of the Rajya Sabha passed by a majority of all the then members of the Rajya Sabha and
agreed to by the Lok Sabha.

The Vice-President is the second highest dignitary of India, next to the President of India.
No formal functions are attached to the office of Vice- President. He is the ex-officio
Chairman of Rajya Sabha. Since he is not a member of Rajya Sabha, he has no right to
vote. Being the Vice-President of India, he is not entitled to any salary, but is entitled to

1
Art.63 of Indian Constitution
2
M Laxmikanth. "4". Indian Polity (4th ed.). McGraw Hill Education. p. 454
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the salary and allowances payable to the Chairman of the Rajya Sabha.3 All bills,
resolution, motion can be taken in Rajya Sabha after his consent.4

After president, Vice-President is the 2nd highest officer in India as per the constitution.
In 'Article 63' of the constitution, there is a provision which cleary says that the country
should have a Vice President. In various cases if the president is not availabe with some
reasons like absence, death, impeachment, resign or any other condition, the vice
president acts as the president of India. The Vice-President is also the ex-officio chairman
of Rajya sabha.

The mode of election for Vice-President of the country is stated in article 66 of the Indian
constitution. Vice-President is not elected directly but indirectly. The members electing
the vice president belong to an electoral college (EC) and come from the upper and lower
house of the parliament by who are represented proportionally. Voting is done by secret
ballot mode of vote with single transferable. In vote with single transferable, the voter has
got only one vote.5

ELECTION OF THE VICE-PRESIDENT

1. The Vice-President is elected by an electoral college consisting of members of both

Houses of Parliament6, in accordance with the system of proportional representation by
means of the single transferable vote and the voting in such election is by secret ballot.
The Electoral College to elect a person to the office of the Vice-President consists of all
members of both Houses of Parliament7

2. The Vice-President is not a member of either House of Parliament or of a House of a

Legislature of any state. If a member of either House of Parliament or of a House of a

3
http://www.lawctopus.com/academike/preamble-constitution-india/, Accessed on 23/11/2020
4
http://164.100.47.5/Chairman-Rajyasabha/VPElection.htm, Accessed on 23/11/2020
5
http://india-administrations.com/vice-president.html, Accessed on 23/11/2020
6
Art.66 of The Constitution of India,1950
7
"UPA-Left names Ansari for Vice President". The Hindu. PTI. 21 July 2007, Accessed on 24/11/2020
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Legislature of any state is elected as Vice-President, he is deemed to have vacated his

seat in that House on the date he/she enters his office as Vice-President.8

3. A person cannot be elected as Vice-President unless he –

a. is a citizen of India;

b. has completed the age of 35 years, and

c. is qualified for election as a member of the Council of States (Rajya Sabha).

A person is not also eligible if he holds any office of profit under the Government of
India or a State Government or any subordinate local authority.

4. An election to fill a vacancy caused by the expiry of the term of office of Vice-
President is completed before the expiry of the term. In case a vacancy arises by reasons
of death, resignation or removal or otherwise, the election to fill that vacancy is held as
soon as possible after the occurrence9. The person so elected is entitled to hold office for
a full term of 5 years from the date he enters office.

SUPERINTENDENCE OF THE ELECTION OF THE VICE-PRESIDENT

The Election Commission of India conducts the election to the office of the Vice-
President. Important Provisions relating to the Election of the Vice-President:

1. The election of the next Vice-President is to be held within 60 days of the expiry of the
term of office of the outgoing Vice-President.

2. The Returning Officer usually appointed to conduct the Vice-Presidential elections is

the Secretary-General of either House of the Parliament, by rotation. The Returning
Officer issues a public notice of the intended election in a prescribed form, inviting

8
http://vicepresidentofindia.nic.in/const.asp, Accessed on 23/11/2020
9
http://www.indiankanoon.org/doc/597714/, Accessed on 23/11/2020
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nomination of candidates and specifies the place where the nomination papers are to be
delivered.10

Any person qualified to be elected and intending to stand for election as Vice-President is
required to be nominated by at least 20 MPs as proposers and at least 20 MPs as
seconders.

Nomination papers are to be presented to the Returning Officer at the place and upto the
time and date, specified in the public notice. A maximum of 4 nomination papers by, or
on behalf of, any candidate may be presented to, or accepted by, the Returning Officer.

3. A candidate seeking election as Vice-President is required to make a security deposit

of Rs.15,000/-. This is the only amount that is required to be deposited by a candidate
irrespective of the number of nomination papers filed on his behalf.

4. The nomination papers are scrutinised on the specified date by the Returning Officer in
the presence of the candidate and his proposer or seconder and any one other person duly
authorised.

5. Any candidate may withdraw his candidature by a notice in writing in a prescribed

form delivered to the Returning Officer within the time specified.

6. In the election an elector has as many preferences as there are candidates. In casting his
vote, an elector is required to record on his ballot paper the figure 1 at the space opposite
the name of the candidate whom he chooses as his first preference and may, in addition,
record as many subsequent preferences as he/she wishes by recording on his ballot paper
the figures 2,3,4, and so on, in the space opposite the names of other candidates. The
votes should be recorded in the international form of Indian numerals or in the Roman
form or in the form of any Indian language but should not be indicated in words.11

10
http://presentministers.blogspot.in/2013/01/presidents-and-vice-presidents-of-india.html, Accessed on
24/11/2020

11
Narender Kumar (2012), Constitutional Law of India, Allahabad Law Agency, Faridabad, P-278
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Every ballot paper represents one vote at each count. The procedure for counting votes
consists of the following steps:12

a. The number of first preference votes secured by each candidate is ascertained.

b. The numbers so ascertained are added up - the total is divided by two and one is added
to the quotient disregarding any remainder. The resulting number is the quota sufficient
for a candidate to secure his return at the election.

c. If at the end of the first or any subsequent count, the total number of votes credited to
any candidate is equal to, or greater than the quota, that candidate is declared elected.

d. If at the end of any count, no candidate can be declared elected, then;

(a) The candidate who up to the stage has been credited with the lowest number of votes
shall be excluded from the poll, and all his ballot papers will be again scrutinised, one by
one, with reference to the second preference marked, if any, on them. These ballot papers
will be transferred to the respective remaining candidates for whom such second
preferences have been marked thereon, and the value of votes of those ballot papers
credited to such candidates. These ballot papers shall be transferred to the aforesaid
continuing candidate. The ballot papers on which the second preference is not marked
shall be treated as exhausted ballot papers and shall not be counted for further reference.13
If at the end of this count, some candidate reaches the quota, he shall be declared elected.

(b) If at the end of the second count also, no candidate can be declared elected, the
counting will proceed still further by exclusion of the candidate who is now lowest on the
poll upto this stage. All his ballot papers, including the ballot papers which he might have
received during the second count, will again be scrutinised with reference to the 'next
available preference' marked on each of them. If on a ballot paper received by him in the
first count, the second preference is marked for any of the continuing candidates, it shall

12
Aparajita Barauh (2007), Preamble of the Constitution of India, Deep and Deep Publications Pvt. Limited,
New Delhi, P-3.
13
Ibid
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be transferred to that candidate. If on any such ballot paper, the second preference is
marked for the candidate who has already been excluded in the second round, such ballot
paper shall be transferred with reference to the third preference, if any, for a continuing
candidate. Similarly, the ballot papers received by him in the second round by way of
transfer will also be scrutinised with reference to the third preference marked on them.

This process of exclusion of candidates lowest on the poll will be repeated till one of the
continuing candidates reaches the quota.14

1. After the election has been held and the votes have been counted, the Returning
Officer declares the result of the election. Thereafter, he reports the result to the
Central Government (Ministry of Law & Justice) and the Election Commission of
India and the Central Government publishes the name of the person elected as
Vice-President, in the Official Gazette.

DISPUTES REGARDING ELECTION OF THE VICE-PRESIDENT:

Article71. Matters relating to, or connected with, the election of a President or Vice-
President.—

a. All doubts and disputes arising out of or in connection with the election of a
President or Vice-President shall be inquired into and decided by the Supreme
Court whose decision shall be final.

b. If the election of a person as President or Vice-President is declared void by the

Supreme Court, acts done by him in the exercise and performance of the powers
and duties of the office of President or Vice-President, as the case may be, on or
before the date of the decision of the Supreme Court shall not be invalidated by
reason of that declaration.

14
www.grkarelawlibrary.yolasite.com/resources/, Accessed on 26/11/2020
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c. Subject to the provisions of this Constitution, Parliament may by law regulate

any matter relating to or connected with the election of a President or Vice-
President.

d. The election of a person as President or Vice-President shall not be called in

question on the ground of the existence of any vacancy for whatever reason
among the members of the electoral college electing him.

e. All doubts and disputes arising in connection with the election of the Vice-
President are enquired into and decided by the Supreme Court of India whose
decision is final.15

f. A petition challenging the election of the Vice-President is heard by a five-judge

bench of the Supreme Court of India.

g. The petition has necessarily to be accompanied by a security deposit of Rs.

20,000/-.

POWERS AND FUNCTIONS OF THE VICE-PRESIDENT OF INDIA

Constitution confers upon the Vice- President the following functions and duties:
(i) Article 64 The normal function of the Vice- President is to act as the Ex-officio
Chairman of the Rajya Sabha. As Chairman of the Rajya Sabha, he regulates
debates and proceedings of the House and decides the order of speeches. He
decides the admissibility of a resolution or of questions. He may suspend or
adjourn the business of the House in case of grave disorder. He issues directions

15
Art.71 of The Constitution of India,1950
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to the Chairpersons of various Committees in all matters relating to their

working.16

 As the Presiding Officer, the Chairman of the Rajya Sabha is the unchallenged
guardian of the prestige and dignity of the House.

 He is also the principal spokesman of the House and represents the collective
voice to the outside world.

 He ensures that the proceedings of the House are conducted in accordance with
the relevant constitutional provisions, rules, practices and conventions and that
decorum is maintained in the House.

 He is the custodian and guardian of the rights and privileges of the House and its
members.

 As Chairman of the Upper house, he is not bound to give reasons for his decisions.

 His rulings cannot be questioned or criticized and to protest against the ruling of
the Chairman is a contempt of the House.

(ii) Article 65: The Vice-President will take over the office of the President normally
under these situations:17
(a) death of the President
(b) resignation of the President,
(c) removal of the President, and

16
The Constitution of India, 1950
17
ibid
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(d) when President, owing to absence, illness or any other cause, is unable to discharge
his functions.
Note: In the event of the President's death, resignation or removal, the Vice- President
acts as President until a new President is elected and enters upon his office.

OTHER FUNCTIONS INCLUDE:

 He represents the country on goodwill and friendship missions to other countries

or represents the country abroad on occasions of national importance in those
countries.
 He is also consulted on formulation and implementation of Union policies.
Though he is not connected with the day-to-day affairs of the Union, he is posted
with the decisions of the Cabinet so that he has with him a complete picture of the
affairs of the Union Government.
 By convention he is also the Chancellor of some universities and in that capacity
he is closely associated with many eminent institutions of higher learning.18

 The Vice-President has a small Secretariat called the Vice-President`s Secretariat

to assist him in the discharge of his duties and functions. The Secretariat is headed
by a Secretary who is a senior civil servant.19

TERMS OF OFFICE OF VICE-PRESIDENT

Article 67. “Terms of office of Vice-President. The Vice-President shall hold office for
a term of five years from the date on which he enters upon his office:20

Provided that-
18
Constitutional Law of India, by Dr. J.N. Pandey, 52nd Edition, Central Law Agency Publication, p.443
19
Our Constitution An introduction to India s Constitution, by Subhash C Kashyap, Publication Year : 2014,
Edition: Fifth reprint, p.334

20
The Constitution of India,1950
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(a) A Vice-President may, by writing under his hand addressed to the President, resign
his office;

(b) A Vice-President may be removed from his office by a resolution of the Council of
States passed by a majority of all the then members of the Council and agreed to by the
House of the People; but no resolution for the purpose of this clause shall be moved
unless at least fourteen days' notice has been given of the intention to move the resolution;

(c) A Vice-President shall, notwithstanding the expiration of his term, continue to hold
office until his successor enters upon his office."

Article 67 is the original Article after the final draft Constitution of India. It has not yet
been amended till date. This Article says that the normal tenure of the office of Vice-
President of India is 5 years. But this office can be terminated before completion of such
normal tenure either by resignation or removal or by impeachment of him by Rajya
Sabha. The Vice-President is constitutionally entitled to resign by signing under his own
hand and seal addressed to the President of India. But for his removal any formal
impeachment is not needed as in case of President and Chief Justice of India. A
resolution for removal of Vice-President can be passed by a majority of total members of
Rajya Sabha (Council of States) and most importantly, the same resolution should have to
be agreed upon by Lok Sabha.

A Vice-President may be removed from his office by a resolution of the Council of States
passed by a majority of all the then members of the Council and agreed to by the House
of the People; but no resolution for the purpose of this clause shall be moved unless at
least fourteen days’ notice has been given of the intention to move the resolution.

As shown above, this majority is not Absolute Majority (Total Strength of the House),
but Effective Majority (Total Strength of the House – Vacancies). Whether the phrase “a
majority of all the then members of the Council” can be interpreted as Simple Majority
(Majority among those who are present and voting) is a matter of debate. But anyways,
the removal does not need absolute majority or special majority. It can be said that
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resolution for removal of Vice-President requires an effective majority in Rajya Sabha

and a simple majority in Loksabha.
NB: President’s impeachment resolution requires special majority (2/3rd of total strength
of the house) at both houses to get it passed.21

Clause (c) of the Article is clear that any Vice-President of India shall continue his office
until another Vice-President takes into the office, either when he is impeached, removed
or resigned or he completes his tenure of 5 years.

From another constitutional point of view it is dramatical to say that there is no provision
in the Constitution for re-election of Vice-President but Vice-President of India, Dr.
Radhakrishnan had been re-elected for his second tenure in the year 1957 held office
from May 13, 1952 to May 12, 1962 during the Presidentship of Dr. Rajendra Prasad.
And same is the case with our acting Vice president, i.e- Shri M. Hamid Ansari

Article-68: (Time for holding Election to fill the vacancy in the office of Vice-President
and term of office of person elected to fill causal vacancy):22

a. An election to fill a vacancy caused by the expiration of the term of office of

Vice-President shall be completed before the expiration of the term.

b. An election to fill a vacancy in the office of Vice-President occurring by reason

of his death, resignation or removal, or otherwise shall be held as soon as
possible after the occurrence of the vacancy, and the person elected to fill the
vacancy shall, subject to the provisions of article 67, be entitled to hold office for
the full term of five years from the date on which he enters upon his office.

There are following cases in which Vice-President Office may vacant:

a. On expiry of his tenure.

21
http://lawyersupdate.co.in/LU/4/129.asp
22
The Constitution of India, 1950
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b. By his resignation
c. On his removal.
d. By his/her death.
e. He becomes disqualified to hold office or when his election is declared void.

How Vacancy Creates:

Only three cases need to be discuss, i.e. resignation, removal, disqualification.

a. Resignation: Vice-President may resign from his office at any time by

addressing the resignation letter to the President.

b. Removal from office: Vice-President can also be removed from the office
before completion of his tenure. There is no such requirement of Impeachment
as in case of removal of President from his office. He can be removed by a
resolution of the Rajya Sabha passed by an absolute majority (i.e., a majority of
the total members of the House) and agreed to by the Lok Sabha. But, no such
resolution can be moved “unless at least 14 days” advance notice has been given.
Notably, no ground has been mentioned in the Constitution for his removal.

c. Disqualification or Declared Void: All doubts and disputes in connection with

election of the Vice-President are inquired into a decided by the Supreme Court
whose decision is final. The election of a person as Vice-President cannot be
challenged on the ground that the electoral college was incomplete (i.e.,
existence of any vacancy among the members of electoral college). If the
election of a person as Vice-President is declared void by the Supreme Court,
acts done by him before the ate of such declaration of the Supreme Court are not
invalidated (i.e., they continue to remain in force).

In case of vacancy, who hold the Office of Vice-President:

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a. On Expiry of his tenure: When the vacancy is created by the expiration of the
tenure of sitting Vice-President, an election to fill the vacancy must be held
before the expiration of the term.

b. Vacancy creation due to resignation, removal, death, disqualification: In

these cases, the election to fill the vacancy should be held as soon as possible
after the occurrence of the vacancy. Here Scenario is totally different from
vacancy in office of President due to resignation, removal, death,
disqualification. In this case there is no subordinate position like President office
which works in his absence.
It is concluded from above vacancy in Office Of Vice-President that Election to be held
as soon as possible, In first case, election before the expiry of tenure of sitting Vice-
President and in another case, election just after the vacancy created in Vice-President
Office.23

On 29th December, 1948 the Constituent Assembly of India met in the Constitutional
Hall, New Delhi with Dr. H.C. Mookherjee in the Chair to accept an amendment in
respect to tenure of Vice-President in the line of President of India. But Dr. Ambedkar
could not accept such amendment. The Constituent Assembly Debate Vol. VII, viz:

"I regret that I cannot accept any of the amendments which have been moved, to this
Article... The difference which has been made in the Draft Constitution between the
system of election to the Presidentship and the system of election for the Vice-
Presidentship is based upon the functions which the two dignitaries are supposed to
discharge. The President is the Head of the State and his powers extend both to the
administration by the Centre as well as of the States. Consequently, it is necessary that in
his election, not only Members of Parliament should play their part, but the Members of
the State Legislatures should also have a voice. But when we come to the Vice-President,
his normal functions are merely to preside over the Council of States. It is only on a rare
occasion, and that too for a temporary period, that he may be called upon to assume the

23
Indian Constitutional Law Paperback, by M P Jain, Publication Year : 2014, Edition: Seventh, p.562
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duties of a President. That being so, it does not seem necessary that the Members of the
State Legislatures should also be invited to take part in the election of the Vice-President.
That is the justification why the Draft Constitution has made a distinction in the modes of
election of these two dignitaries."24

CONCLUSION

After going through various books, online materials and other data sources, the researcher
has concluded that, his hypothesis is false, i.e. Technically, speaking Vice President of
India is not the part of Parliament. Parliament constitutes of the Lok Sabha, Rajya Sabha
and the President. Even the MPs are members of Parliament not a part of it. The VP is
also not a member of Parliament unlike the Speaker of Lok Sabha who is a member of
the Parliament by the virtue of being MP.

The Vice-President of India is the second highest constitutional office in the country after
the President but he works under the guidance and supervision of formal head of the
country, that is, President.

He acts as the subordinate of the President. He serves for a five-year term, but can
continue to be in office, irrespective of the expiry of the term, until the successor assumes
office

24
http://parliamentofindia.nic.in/ls/debates/vol7p24.htm, Accessed on 25/11/2020
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BIBLIOGRAPHY

 PRIMARY SOURCE: -

STATUTE: -

 THE CONSTITUTION OF INDIA, 1950.

 SECONDARY SOURCE: -

BOOKS: -

 Narendra Kumar, Constitutional of India, Allahabad Law Agency, Faridabad,

2012.
 Aparajita Barauh, The constitution of India, Deep and Deep Publications Pvt.
Limited, New Delhi, 2007
 Subhash C Kashyap, Our Constitution An introduction to India s Constitution,
Publication Year : 2014, Edition: Fifth reprint
 Dr. J.N. Pandey, Constitutional Law of India, 52nd Edition, Central Law Agency
Publication.

ONLINE SOURCES-

 www.grkarelawlibrary.yolasite.com/resources/
 http://www.importantindia.com/1990/importance-of-vice prsident-in-india/
 http://www.constitution.org/cons/india/.html,
 www.preservearticles.com
 https://books.google.co.in
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