The Vice-President of India holds the second-highest constitutional position in the country after the President.
In the Order of Precedence, the Vice-President comes immediately after the President of India.
The Vice-President has two important roles:
- He acts as the ex-officio Chairman of the Rajya Sabha.
- He acts as the President of India when a vacancy occurs in the office of the President.
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Electoral College Of The Vice-President
The Vice-President is elected indirectly.
The Electoral College for the Vice-President is different from the Electoral College of the President.
Who Elects The Vice-President?
The Electoral College consists of:
- Elected members of Parliament.
- Nominated members of Parliament.
This includes members of both Lok Sabha and Rajya Sabha.
Who Does Not Take Part?
The following do not take part in the election of the Vice-President:
- Members of State Legislative Assemblies.
- Members of State Legislative Councils.
- Members of Legislative Assemblies of Delhi and Puducherry.
Election System
The Vice-President is elected by the system of Proportional Representation by means of Single Transferable Vote.
Voting is done by secret ballot.
This system ensures that the election reflects parliamentary choice in a fair and balanced way.
Qualifications For Vice-President
A person must fulfil the following conditions:
- He must be a citizen of India.
- He must have completed 35 years of age.
- He must be qualified for election as a member of the Rajya Sabha.
- He must not hold any office of profit.
Nomination Requirements
For nomination to the office of Vice-President:
- The nomination must be subscribed by at least 20 electors as proposers.
- It must also be subscribed by at least 20 electors as seconders.
- The candidate must deposit a security amount of ₹15,000 with the RBI.
Oath Or Affirmation
The Vice-President takes an oath before the President.
The oath may also be administered by a person appointed by the President for this purpose.
Conditions Of Office
The Vice-President:
- Should not be a member of either House of Parliament.
- Should not be a member of any State Legislature.
- Should not hold any office of profit.
If a member of Parliament or State Legislature is elected as Vice-President, he is deemed to have vacated his seat from the date he enters office.
Term Of Office
The Vice-President holds office for 5 years.
However, he continues in office until his successor assumes charge.
Resignation
The Vice-President can resign by writing to the President.
Removal Of The Vice-President
The Vice-President can be removed by a resolution of the Rajya Sabha.
Removal Procedure
- The resolution must be passed by an absolute majority in the Rajya Sabha.
- It must be agreed to by the Lok Sabha.
- A 14 days’ advance notice must be given.
No specific ground for removal is mentioned in the Constitution.
This makes the removal process different from the impeachment of the President, where the ground is violation of the Constitution.
Re-Election
The Vice-President is eligible for re-election.
The Constitution does not limit the number of terms.
A person may be elected as Vice-President any number of times.
Vacancy In The Office Of Vice-President
A vacancy may occur due to:
- Expiry of term.
- Resignation.
- Removal.
- Death.
- Otherwise becoming incapable of performing duties.
Election Disputes
Election disputes related to the Vice-President are decided by the Supreme Court.
An election cannot be challenged only because the Electoral College was incomplete due to vacancies among members.
If the Supreme Court later declares the election void, the acts done by the Vice-President before that declaration are not invalidated.
Powers And Functions Of The Vice-President
The Vice-President has limited but important constitutional functions.
Ex-Officio Chairman Of Rajya Sabha
The Vice-President acts as the ex-officio Chairman of the Rajya Sabha.
This means he presides over the Rajya Sabha because of his office as Vice-President.
As Chairman of Rajya Sabha, he helps maintain order and decorum in the House.
Acting As President
The Vice-President acts as President when a vacancy occurs in the office of President.
This may happen due to:
- Death of the President.
- Resignation of the President.
- Removal of the President.
- Any other reason causing vacancy.
During this period, the Vice-President performs the functions of the President.
Vice-President Vs President: Key Difference
| Basis | President | Vice-President |
|---|---|---|
| Position | Head of State | Second-highest constitutional office |
| Electoral College | Elected MPs and elected MLAs | Elected and nominated MPs |
| State Legislatures | Participate in election | Do not participate |
| Qualification | Qualified for Lok Sabha | Qualified for Rajya Sabha |
| Removal | Impeachment | Rajya Sabha resolution agreed by Lok Sabha |
| Presiding Role | Does not preside over Parliament | Ex-officio Chairman of Rajya Sabha |
Important Facts At A Glance
| Topic | Fact |
|---|---|
| Position in Order of Precedence | Second after President |
| Electoral College | Elected and nominated members of Parliament |
| Election System | Proportional Representation by Single Transferable Vote |
| Voting | Secret ballot |
| Minimum Age | 35 years |
| Qualification | Eligible for Rajya Sabha membership |
| Security Deposit | ₹15,000 |
| Proposers | 20 electors |
| Seconders | 20 electors |
| Oath Administered By | President |
| Term | 5 years |
| Resignation To | President |
| Removal | Rajya Sabha resolution agreed by Lok Sabha |
| Notice For Removal | 14 days |
| Election Disputes | Supreme Court |
| Main Function | Ex-officio Chairman of Rajya Sabha |
FAQs On Vice-President Of India
Who is the Vice-President of India?
The Vice-President of India is the second-highest constitutional authority in the country and the ex-officio Chairman of the Rajya Sabha.
Who elects the Vice-President of India?
The Vice-President is elected by elected and nominated members of both Houses of Parliament.
Do MLAs vote in the Vice-President election?
No. Members of State Legislative Assemblies do not vote in the Vice-President election.
What is the minimum age to become Vice-President of India?
The minimum age is 35 years.
What qualification is required to become Vice-President?
A person must be qualified for election as a member of the Rajya Sabha.
What is the term of the Vice-President?
The Vice-President holds office for 5 years.
To whom does the Vice-President resign?
The Vice-President resigns by writing to the President.
How is the Vice-President removed?
The Vice-President is removed by a resolution passed by the Rajya Sabha by absolute majority and agreed to by the Lok Sabha.
Is any ground mentioned for removal of the Vice-President?
No. The Constitution does not mention any specific ground for removal.
Who administers the oath to the Vice-President?
The President administers the oath, or appoints someone for this purpose.
What is the main function of the Vice-President?
The main function of the Vice-President is to act as the ex-officio Chairman of the Rajya Sabha.
Who decides disputes related to Vice-President election?
The Supreme Court decides disputes related to the election of the Vice-President.
Last Moment Exam Cheat Sheet – Vice-President Of India
- Second in Order of Precedence – Vice-President comes after the President.
- Electoral College – Elected and nominated members of Parliament.
- State Legislatures – Do not participate in Vice-President election.
- Delhi and Puducherry MLAs – Do not participate.
- Election System – Proportional Representation by Single Transferable Vote.
- Voting – Secret ballot.
- Minimum age – 35 years.
- Qualification – Must be qualified for Rajya Sabha membership.
- Nomination – 20 proposers and 20 seconders.
- Security deposit – ₹15,000 with RBI.
- Oath – Administered by President or person appointed by President.
- Term – 5 years.
- Resignation – To the President.
- Removal – Rajya Sabha absolute majority, agreed by Lok Sabha.
- Notice for removal – 14 days.
- No ground mentioned – Constitution does not specify grounds for removal.
- Re-election – Allowed any number of times.
- Election disputes – Decided by Supreme Court.
- Main role – Ex-officio Chairman of Rajya Sabha.
- Acting President – Acts as President when President’s office becomes vacant.