Vice-President of India: Role and Precedence

The Vice-President of India holds the second-highest office in the country, positioned immediately below the President in the official warrant of precedence. This role, which combines ceremonial dignity with constitutional weight, is modeled on the office of the American Vice-President.

Election of the Vice-President

Like the President, the Vice-President of India is chosen through an indirect election, rather than by popular vote. An electoral college comprising all members—elected and nominated—of both Houses of Parliament selects the Vice-President. This setup differs from the President's electoral college in two key ways. First, it includes nominated members of Parliament, whereas the President's college is limited to elected members only. Second, it excludes members of state legislative assemblies, who play a vital role in electing the President.

Dr. B.R. Ambedkar, the architect of India's Constitution, explained this distinction during Constituent Assembly debates. He noted that the President, as head of state, wields authority over both central and state administrations, making it essential for state legislature members to participate in the election. In contrast, the Vice-President's primary role is to preside over the Council of States (Rajya Sabha). Only rarely, and temporarily, does the Vice-President step into the President's duties. Thus, Ambedkar argued, there is no need to involve state legislators in this process.

Despite these differences, the election procedure mirrors that of the President. It follows the system of proportional representation using the single transferable vote, with voting conducted by secret ballot to ensure fairness and confidentiality.

Any disputes or doubts regarding the Vice-President's election fall under the Supreme Court's jurisdiction, whose verdict is final and binding. Notably, the election cannot be contested merely because the electoral college was incomplete due to vacancies. Even if the Supreme Court later declares the election void, any official acts performed by the Vice-President prior to that ruling remain valid and unaffected.

Eligibility and Nomination for Vice-President

To qualify for election as Vice-President of India, a candidate must satisfy a set of straightforward yet essential criteria. They must be a citizen of India, have completed at least 35 years of age, and possess the qualifications required for election to the Rajya Sabha. Additionally, they must not hold any "office of profit" under the Union government, a state government, a local authority, or any other public body—a provision designed to prevent conflicts of interest.

Certain eminent positions are explicitly exempted from this office-of-profit rule. A sitting President or Vice-President, the Governor of any state, or a Minister of the Union or a state is deemed not to hold such an office, preserving their eligibility to contest the Vice-Presidency.

Beyond these qualifications, the nomination process adds further rigor. It requires subscription by at least 20 electors as proposers and another 20 as seconders, ensuring broad support within the electoral college. Candidates must also deposit a security amount of ₹15,000 with the Reserve Bank of India.

Oath of the Vice-President

Before assuming office, the Vice-President of India must make and subscribe to a formal oath or affirmation. This pledge requires swearing true faith and allegiance to the Constitution of India while committing to faithfully discharge the duties of the office. The oath is administered by the President or by a person appointed by the President for this specific purpose.

Vice-President: Eligibility and Restrictions

The Indian Constitution imposes two essential conditions on anyone aspiring to hold the office of Vice-President, ensuring the role's independence and exclusivity.

First, the Vice-President must not be a member of either House of Parliament or any state legislative assembly. Should such an individual be elected, they are automatically deemed to have vacated their existing seat the moment they assume office as Vice-President.

Second, the Vice-President cannot hold any other office of profit under the government, preventing conflicts of interest and upholding the dignity of the position.

Tenure and Removal of Vice-President

The Vice-President of India serves a term of five years, commencing from the date he assumes office. This tenure can end prematurely through resignation, submitted via a letter to the President, or through removal before its completion. Unlike the President, the Vice-President faces no formal impeachment process; instead, removal requires a resolution passed by an effective majority—that is, a majority of all then-existing members—of the Rajya Sabha, which must then be endorsed by a simple majority in the Lok Sabha. Notably, this effective majority represents a form of special majority under the Indian Constitution, rather than a distinct category. The resolution can only be introduced in the Rajya Sabha, and even then, only after at least 14 days' prior notice. Strikingly, the Constitution specifies no grounds whatsoever for such removal.

Even after the five-year term expires, the Vice-President continues in office until his successor takes charge, ensuring continuity in this pivotal role. He remains eligible for re-election to the position any number of times, with no constitutional limit on consecutive or total terms.

Vacancy in the Office of the Vice-President

A vacancy in the office of the Vice-President of India arises through several well-defined circumstances. These include the natural expiry of the five-year term, voluntary resignation from the post, formal removal by Parliament, death while in office, or other contingencies such as disqualification under constitutional eligibility criteria or a court declaration that the election was void. Each of these triggers a clear process to ensure continuity in this critical constitutional role.

When the vacancy stems from the end of the incumbent's term, the Constitution mandates that an election to fill the position must occur before the term expires, allowing for a seamless transition. In contrast, if the office falls vacant due to resignation, removal, death, or any other reason, the election must be conducted as soon as practicable after the vacancy arises. Notably, the newly elected Vice-President serves a full five-year term starting from the date they assume office, regardless of how much time remains in the previous incumbent's tenure. This provision underscores the framers' intent to maintain stability and independence in the vice-presidential office.

Powers and Functions of the Vice-President

The Vice-President of India holds two distinct constitutional roles, each carrying significant responsibilities. First and foremost, he serves as the ex-officio Chairman of the Rajya Sabha, the Upper House of Parliament. In this position, his powers and functions mirror those of the Speaker of the Lok Sabha, including maintaining order, deciding on procedural matters, and casting a deciding vote in case of a tie. This arrangement draws a parallel to the American Vice-President, who similarly presides over the Senate.

The Vice-President's second key function arises during contingencies involving the President. If the office of the President falls vacant due to resignation, impeachment, death, or any other reason, the Vice-President steps in as Acting President for a maximum of six months, during which a new President must be elected. Likewise, when the incumbent President is temporarily unable to perform duties—owing to absence, illness, or other causes—the Vice-President discharges those functions until the President resumes office.

While serving as Acting President or temporarily handling the President's duties, the Vice-President relinquishes his role as Chairman of the Rajya Sabha. Those responsibilities then fall to the Deputy Chairman of the Rajya Sabha, ensuring seamless functioning of both offices.

The Constitution does not prescribe separate emoluments for the Vice-President's role as such; instead, he receives his salary as the ex-officio Chairman of the Rajya Sabha. In 2018, Parliament raised this salary from ₹1.25 lakh to ₹4 lakh per month. Earlier, in 2008, the pension for retired Vice-Presidents was enhanced from ₹20,000 to 50% of the sitting Vice-President's salary per month. Beyond salary, he enjoys a daily allowance, a free furnished residence, medical facilities, travel perks, and other privileges. Notably, when acting as President or discharging the President's functions, he forgoes the Chairman's salary and allowances, drawing instead those payable to the President.

Comparing the Indian and American Vice Presidencies

While the office of India's Vice President draws inspiration from its American counterpart, key differences set them apart. In the United States, the Vice President automatically succeeds to the presidency upon the president's death, resignation, or removal, serving out the remainder of the original term. By contrast, India's Vice President does not inherit the presidency in this way. Instead, they act as President only temporarily—until a new President is elected and sworn in.

This distinction underscores the limited role assigned to India's Vice President by the Constitution. With no substantial executive functions beyond this interim duty, some scholars have wryly dubbed the officeholder "His Superfluous Highness." Nonetheless, the position serves a vital purpose: ensuring the political stability and continuity of the Indian state during leadership transitions.