Polity · Central Government
A comprehensive study of the Vice-President's constitutional position, electoral college, qualifications, term, removal, powers as ex-officio Chairman of Rajya Sabha, role during presidential vacancy, and comparison with the American Vice-President.
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.
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.
| Feature | Vice-President's Electoral College | President's Electoral College |
|---|---|---|
| Members included | Both elected and nominated members of Parliament | Only elected members of Parliament |
| State legislatures | Not included | Elected members of state legislative assemblies are included |
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.
A candidate for Vice-President must satisfy the following conditions:
Exemptions from the 'office of profit' disqualification:
None of the above positions are treated as offices of profit for the purpose of candidature.
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:
The Constitution imposes two clear restrictions on a sitting Vice-President:
Unlike the President, the Vice-President is not removed by impeachment. The procedure is:
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.
A vacancy can arise due to:
Filling the vacancy:
The Vice-President discharges two distinct categories of functions:
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).
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.
| Dimension | Indian Vice-President | American Vice-President |
|---|---|---|
| Presidential vacancy | Acts as Acting President only until new President is elected | Succeeds to the presidency and completes the unexpired term |
| Tenure on succession | Does not get a full presidential term | Serves the remaining term of the predecessor |
| Role in legislature | Ex-officio Chairman of Rajya Sabha | Chairman of the Senate |
| Nature of role | Primarily a constitutional standby | More integrated into executive functioning |
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.
| Article | Subject |
|---|---|
| 63 | The Vice-President of India |
| 64 | VP as ex-officio Chairman of the Council of States |
| 65 | VP to act as President or discharge functions during casual vacancies or absence |
| 66 | Election of Vice-President |
| 67 | Term of office |
| 68 | Time of holding election to fill vacancy; term of person elected to casual vacancy |
| 69 | Oath or affirmation |
| 70 | Discharge of President's functions in other contingencies |
| 71 | Matters connected with VP's election |
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This chapter covers Constitutional Position, Election, Qualifications, Oath or Affirmation, Conditions of Office. It is organized as revision-ready notes followed by a linked practice quiz.
For Second Citizen of the Republic: The Vice-President's Constitutional Role and Political Significance, focus on definitions, dates, places, institutions, distinguishing features, and factual comparisons in the chapter. Then use the quiz to check recall and identify gaps.
Use the Second Citizen of the Republic: The Vice-President's Constitutional Role and Political Significance chapter headings to organize an answer framework. Connect causes, consequences, comparisons, examples, and evidence wherever the notes provide them instead of memorizing isolated facts.