Vice-President

Introduction: The Position of Vice-President

Let’s begin with a simple understanding —
the Vice-President holds the second-highest constitutional office in India, right after the President.

In the official warrant of precedence — that is, the formal order that decides who ranks above whom in official functions — the Vice-President comes immediately after the President.

👉 Now, interestingly, this office is modelled on the lines of the American Vice-President.
But as we’ll see later, the Indian Vice-President’s powers and functions are far more limited compared to the American system.

Election of the Vice-President

Now, how is the Vice-President elected?

He or she is not elected directly by the people — the election is indirect, much like that of the President.
But here comes the key point:
➡️ The electoral college for the Vice-President’s election is different from that of the President.

Let’s understand this difference properly.

The Electoral College for Vice-President

It consists of:
All members of both Houses of Parliament — Lok Sabha and Rajya Sabha —
✅ including both elected and nominated members.

That’s it.
No state legislators are involved in this election.

So, the difference between the two elections is crystal clear:

Aspect	President	Vice-President
Who votes?	Elected MPs + Elected MLAs (of States)	All MPs (elected + nominated)
Includes nominated members?	❌ No	✅ Yes
Includes state MLAs?	✅ Yes	❌ No

Now, many students wonder — why this difference?
Let’s bring in Dr. B.R. Ambedkar’s explanation, which beautifully clarifies the logic behind it.

🧠 Ambedkar’s Logic

Dr. Ambedkar said —
The President is the head of the State, and his/her authority extends both over the Centre and the States.
So, naturally, the states should have a voice in electing the President — hence, MLAs are included.

But the Vice-President’s role is largely limited to the Council of States (Rajya Sabha).
He/she is primarily its ex-officio Chairman.
Only in rare cases, when the President is unable to discharge duties, does the Vice-President act as the President — and that too temporarily.

Therefore, Ambedkar said, there’s no need to include the state legislatures in this election.

Manner of Election

The procedure of election, however, is the same as that of the President:

It is conducted in accordance with the system of proportional representation
— by means of the single transferable vote.
And the voting is by secret ballot.

So, every MP casts a vote where they rank candidates in order of preference, and counting is done accordingly.

Disputes Regarding Election

If there’s any dispute or doubt related to the Vice-President’s election,
the matter is decided by the Supreme Court, and its decision is final.

Even if someone challenges the election saying —
“Hey, there was a vacancy in the electoral college!” —
it does not make the election invalid.

Also, suppose the Supreme Court later declares the election void,
then whatever official acts the Vice-President performed before that date remain valid.
This ensures continuity and stability in the constitutional process.

Qualifications for Election

Now, to contest for the post of Vice-President, a candidate must meet certain constitutional qualifications:

Citizen of India
35 years of age or more
Qualified for election as a member of the Rajya Sabha
Should not hold any office of profit under the Union or State government, or under any local or public authority

However, there are exceptions.
If someone is already:

The President or Vice-President,
A Governor of any State, or
A Minister (either at the Centre or in a State),

— then such posts are not considered offices of profit for this purpose.

🧾 Nomination Requirements

A candidate’s nomination must have:

20 proposers and 20 seconders — all of whom must be members of the electoral college (i.e., MPs).
A security deposit of ₹15,000, which is deposited in the Reserve Bank of India.

This ensures that only serious candidates contest for this high office.

Oath or Affirmation

Before assuming office, the Vice-President takes an oath or affirmation.

In the oath, he/she swears:

To bear true faith and allegiance to the Constitution of India, and
To faithfully discharge the duties of the office.

This oath is administered by the President or any person appointed by the President for that purpose.

Conditions of Office

The Constitution also lays down two important conditions:

The Vice-President cannot be a member of either House of Parliament or of a State Legislature.
- If he/she is already a member and gets elected as Vice-President,
  the seat in that House automatically becomes vacant from the date of assuming office.
The Vice-President should not hold any other office of profit.

These conditions ensure that the Vice-President remains independent, neutral, and fully dedicated to the constitutional responsibilities of the post.

Term and Tenure of the Vice-President

Let’s begin with a simple fact —
the Vice-President holds office for a term of five years from the day he or she enters the office.

But remember:
👉 This five-year term is not rigidly fixed like a time bomb that explodes on the fifth anniversary! 😊
The Vice-President can continue beyond five years — until the newly elected Vice-President assumes charge.
This is to avoid any vacuum in this important constitutional post.

And yes — the Vice-President is eligible for re-election.
There’s no limit on the number of terms — so theoretically, one can become Vice-President multiple times.

Resignation and Removal

Now, let’s understand the two ways the Vice-President can leave office before completing the term:

(a) Resignation:

Very simple —
He/she can resign at any time by addressing a letter to the President of India.

(b) Removal:

Here comes an important exam area —
How is the Vice-President removed?

👉 Unlike the President, the Vice-President is not impeached.
His/her removal is done through a simpler parliamentary process.

Let’s understand this:

A resolution for removal can be moved only in the Rajya Sabha (not in the Lok Sabha).
It must be passed by a majority of all the then members of the Rajya Sabha — this means an effective majority (i.e., more than 50% of the total membership excluding vacancies).
After that, it must be agreed to by the Lok Sabha by a simple majority (i.e., majority of members present and voting).
A 14-day advance notice is mandatory before introducing such a resolution.

👉 Interestingly, the Constitution does not mention any grounds for removal.
It’s left entirely to the discretion of Parliament.

So, in short:
Removal = Rajya Sabha (effective majority) + Lok Sabha (simple majority) + 14 days notice.

This is a favourite UPSC concept — often compared with the President’s impeachment procedure, which is far more complex.

Vacancy in the Office of Vice-President

Now, what happens if a vacancy arises?

Vacancy can occur in five ways:

On completion of 5-year term,
By resignation,
By removal,
By death, or
Otherwise — e.g., disqualification or if election is declared void by the Supreme Court.

Now, elections have to be timed carefully:

If vacancy is due to expiry of term, then election must be held before the term ends — so that there’s no gap.
If vacancy is due to resignation, removal, or death, then election must be held as soon as possible after the vacancy occurs.

The newly elected Vice-President will then enjoy a full 5-year term from the date he/she assumes office, not just the remainder of the previous term.

Powers and Functions of the Vice-President

Now, this is the heart of the topic.
The Vice-President has a dual role, meaning two distinct sets of responsibilities:

1. Ex-officio Chairman of Rajya Sabha

This is his/her primary function.
He/she presides over the Rajya Sabha — similar to how the Speaker presides over the Lok Sabha.

In this capacity:

He/she maintains order and decorum in the House,
Decides on points of order,
Allows or disallows motions,
And ensures smooth legislative functioning.

In this sense, the Indian Vice-President is quite similar to the American Vice-President, who also acts as the President of the Senate (their Upper House).

2. Acting as President of India

This is the second function — and it arises only in exceptional circumstances.

The Vice-President acts as the President when:

The President dies,
Resigns,
Is removed (impeached), or
Is otherwise unable to discharge duties.

But here’s the key point:
👉 The Vice-President acts as President only for a maximum period of six months —
within which a new President must be elected.

Also, if the sitting President is temporarily unable to perform duties (say, illness or foreign visit),
then the Vice-President discharges the functions until the President resumes office.

⚖️ Important Procedural Detail

When the Vice-President is acting as President,
he/she does not perform the duties of Chairman of Rajya Sabha.
In that case, those functions are handled by the Deputy Chairman of the Rajya Sabha.

Salary and Allowances

The Constitution does not fix any separate salary for the Vice-President in his/her own capacity.

So, normally, the Vice-President receives salary and perks as the ex-officio Chairman of Rajya Sabha.

As of 2025, this salary is ₹4 lakh per month, along with:

Pension (50% of salary after retirement),
Daily allowances,
Free furnished residence,
Medical, travel, and other facilities.

However, please note:
➡️ When the Vice-President acts as President,
he/she receives the salary and allowances of the President,
and not that of the Rajya Sabha Chairman.

Comparison: Indian and American Vice-Presidents

Now, this comparison helps in understanding the nature of our constitutional design.

Feature	Indian Vice-President	American Vice-President
Relation to President’s Office	Acts as Acting President for max 6 months	Becomes full-fledged President for the rest of the term
Primary Role	Chairman of Rajya Sabha	President of the Senate
Political Importance	Limited (ceremonial except in Rajya Sabha)	Very high (often next presidential candidate)

So, although the Indian post was inspired by the U.S. system,
our framers deliberately made it less powerful —
keeping it more as a constitutional backup to maintain political continuity.

A Reflective Note — “His Superfluous Highness”

Many scholars humorously call the Vice-President “His Superfluous Highness.”

Why?
Because the office has very limited functions, and the Vice-President is rarely in the limelight — except when acting as the President or presiding over Rajya Sabha.

But remember —
this post was created not for power, but for continuity.
It ensures that the Indian State never faces a constitutional vacuum —
there’s always someone to step in if the President’s office falls vacant.

Introduction: The Position of Vice-President