Vice-President of India

The Vice-President holds the second highest constitutional office in India, ranking immediately below the President in the official warrant of precedence. This office draws its structural inspiration from the American Vice-President, though important functional and constitutional differences exist between the two.

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Method of Election

The Vice-President is chosen through indirect election — not by direct popular vote but by an electoral college composed of members of both Houses of Parliament (Lok Sabha + Rajya Sabha). The election follows the system of proportional representation through the Single Transferable Vote (STV), with voting conducted by secret ballot.

Note: The 11th Constitutional Amendment Act, 1961 replaced the earlier procedure of a joint sitting of both Houses with the current system of separate voting by members of both Houses assembled together.

Electoral College: VP vs President — Key Differences

Why the difference? Dr B.R. Ambedkar explained: The President's authority extends to both the Centre and the states, making participation by state legislature members necessary. The Vice-President's primary function is to preside over the Rajya Sabha and only occasionally, temporarily, assume presidential duties — so state legislature participation is not warranted.

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A candidate for Vice-President must satisfy the following conditions:

1. Must be a citizen of India
2. Must have attained 35 years of age
3. Must be eligible for election as a member of the Rajya Sabha
4. Must not hold any office of profit under the Union, any state government, any local authority, or any other public authority

Exemptions from the 'office of profit' disqualification:

• A sitting President or Vice-President of India
• A Governor of any state
• A Minister of the Union or any state government

None of the above positions are treated as offices of profit for the purpose of candidature.

Nomination Formalities

• Nomination must be subscribed by at least 20 electors as proposers and 20 electors as seconders
• A security deposit of ₹15,000 must be made in the Reserve Bank of India

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Before assuming office, the Vice-President must take an oath administered by the President (or a person appointed by the President). The oath binds the Vice-President to:

1. Bear true faith and allegiance to the Constitution of India
2. Faithfully discharge the duties of the office

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The Constitution imposes two clear restrictions on a sitting Vice-President:

1. Must not be a member of either House of Parliament or any state legislature — if elected while holding such membership, the seat is vacated from the date of assuming office
2. Must not hold any other office of profit

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• The Vice-President serves for a term of five years from the date of assuming office
• May resign at any time by addressing a letter to the President
• Eligible for re-election — there is no restriction on the number of terms
• Continues in office beyond the five-year term until a successor assumes charge

Removal from Office

Unlike the President, the Vice-President is not removed by impeachment. The procedure is:

• A resolution passed by the Rajya Sabha by an absolute majority (majority of total membership, not just those present and voting)
• The resolution must be agreed to by the Lok Sabha
• 14 days' advance notice must be given before moving such a resolution
• No ground for removal is specified in the Constitution

Exam Trap: The removal of the Vice-President requires the resolution to originate in the Rajya Sabha (not Lok Sabha), which is logical since the VP is the ex-officio Chairman of the Rajya Sabha.

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A vacancy can arise due to:

1. Expiry of the five-year term
2. Resignation
3. Removal
4. Death
5. Any other cause (e.g., disqualification or election declared void)

Filling the vacancy:

• If caused by expiry of term → election must be held before the term ends
• If caused by resignation, removal, death or otherwise → election must be held as soon as possible after the vacancy
• The newly elected Vice-President serves a fresh five-year term from the date of assumption of charge

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• All disputes relating to the Vice-President's election are decided by the Supreme Court, whose decision is final and binding
• An election cannot be challenged on the ground that the electoral college was incomplete (i.e., vacancies existed among electors)
• If the Supreme Court declares the election void, all acts done before the declaration remain valid and are not invalidated

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The Vice-President discharges two distinct categories of functions:

1. Ex-officio Chairman of the Rajya Sabha

The Vice-President serves as the permanent presiding officer of the Rajya Sabha by virtue of the office. His powers in this role closely mirror those of the Speaker of the Lok Sabha. Similarly, the American Vice-President also presides over the Senate (the upper house of the US legislature).

2. Acting as President

When the presidential office falls vacant (due to resignation, removal, death, or any other cause), the Vice-President steps in as Acting President — but only for a maximum of six months, within which a new President must be elected.

When the President is temporarily unable to function (due to absence, illness, or any other cause), the Vice-President discharges presidential functions until the President resumes duty.

Important consequence: While acting as President or discharging presidential functions, the Vice-President ceases to perform the duties of Rajya Sabha Chairman. The Deputy Chairman of Rajya Sabha takes over those duties during this period.

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Some constitutional scholars describe the Indian Vice-President as 'His Superfluous Highness' given the limited independent functions assigned to the office. The primary purpose of creating this office was to ensure political continuity of the Indian State.

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• The Constitution does not specify any salary for the Vice-President in that capacity
• Salary is drawn in the capacity of ex-officio Chairman of Rajya Sabha
• Parliament revised the Chairman's salary from ₹40,000 to ₹1.25 lakh per month in 2008
• Additional entitlements include daily allowance, rent-free furnished residence, and medical and travel facilities
• When acting as President, the Vice-President receives the President's salary and allowances — not the Chairman's

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• The VP's electoral college includes nominated MPs — unlike the President's
• State legislature members do not participate in the VP's election
• Removal requires an absolute majority in Rajya Sabha + agreement of Lok Sabha — not impeachment
• No ground is specified for removal in the Constitution
• VP acts as President for a maximum of 6 months — does not succeed for the unexpired term (unlike the USA)
• Salary is drawn as Rajya Sabha Chairman, not as VP per se
• While acting as President, the Deputy Chairman presides over Rajya Sabha
• The Supreme Court has final say in VP election disputes