The office of the Vice President of India is the second highest constitutional office in India. It is next to the office of the President of India, who is the commander-in-chief of the Indian armed forces. The Vice President of India is the ex-officio chairperson of the Rajya Sabha. An electoral college, comprising of the members of both the houses of Parliament, Rajya Sabha and the Lok Sabha, elects the Vice President of India. Election is done in accordance with the system of proportional representation by means of a single transferable vote. The voting in such election is by secret ballot, and is conducted by the Election Commission.
Election of the Vice President
Article 66 lays down the process of the election of the vice president. The election of the vice president is indirect and in accordance with the system of proportional representation by means of the single transferable vote by secret ballot. The electoral college, which consists of members of both houses, including nominated, of the Parliament, cast their votes to elect the vice president. States have no role to play in the election of the vice president, unlike that of the president.
A returning officer is appointed for the elections. He sends out public notices issuing the date of election to the office of the vice president. The vice president elections must be held within a period of 60 days of the expiry of the term of office of the previous vice president.
The nomination of candidates has to be proclaimed by 20 members of parliament who act as proposers, and 20 electors who act as seconders. Each vice president candidate must deposit a sum of 15,000/- as nomination fee to the Reserve Bank of India. After the names of the eligible candidates are declared by the returning officer, the elections are held.
The returning officer declares the results to the electoral college, the central government, and the Election Commission of India, respectively. The name of the elected vice president is then officially announced by the central government. Article 67 states that the vice president is elected for a term of five years. He/she could be re-elected after the first term expires.
Article 71 of the Constitution deals with the matters relating to or connected with the election of the president or vice president. Any dispute in the election arising out of or in connection with the election of the president or the vice president shall be inquired into and decided by the Supreme Court, whose decision shall be final.
According to Article 71 of the Constitution, should the Supreme Court declare the election of the president or vice-president void however, “acts done by him in the exercise and performance of the powers and duties of the office of president or vice-president, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration”.
Eligibility
According to Article 66 (3) and 66 (4), the vice president candidate must be a citizen of India and must be over 35 years of age. He/she must not hold any office of profit. He/she is qualified for election as a member of the Council of States. Under the Constitution, the vice president shall not be member of either house of Parliament or of a house of the state legislature. If a member of any of the houses is elected to the post, then he/she shall be deemed to vacate the seat in that house before taking up the office of vice president.
Role of Vice President
The vice-president is the ex-officio chairperson of the upper house of parliament. The office of the vice president of India is corresponding to that of the president. The vice president could take over the role of the president in the latter’s absence. The role of the vice president is to assist the president in being the nominal head of the Republic of India. However, the office of the president and the vice president could not be combined according to the Constitution of India. Also, “Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President”.
Powers and Functions
The vice president shall discharge the functions of the president during the temporary absence of the president. He/she shall act as the president, in case of any vacancy in the office of the president by reason of his death, resignation, removal through impeachment, or otherwise. The vice president shall take over the duties of the president until a new president is elected and resumes office. The vice president is the ex-officio chairman of the Council of States. The vice president ceases to perform the normal functions of being the chairman of the Council of States when he/she acts as, or discharges the functions of the president.
As Chairperson of Rajya Sabha
The vice president, as the chairman of the Rajya Sabha, is the unchallenged guardian of the prestige and dignity of the house.
He/she has to ensure that the proceedings of the house are conducted in accordance with the relevant constitutional provisions, rules, practices, and conventions, and that decorum is maintained in the house. He/she is also the principal spokesman of the house. The chairman also communicates messages received by him/her from foreign countries and legislatures. He/she also issues warrants to execute the orders of the house, where necessary. The Constitution also lays down certain powers and duties of the chairman: he/she is empowered to adjourn the house or to suspend its sitting in the event of absence of quorum. Parliamentary committees, whether set up by the Chairman or by the house, work under the vice president’s guidance. He/she nominates members to various standing committees and the department-related parliamentary committees. He/she is the chairman of the Business Advisory Committee, the Rules Committee, and the General Purposes Committee.
As the chairman, he/she is empowered, under the rules, to correct patent errors in a bill after it has been passed by the house, and to make such other changes in the bill consequential on the amendments accepted by the house. When a bill is passed by the houses and is in possession of the Rajya Sabha, the chairman authenticates the bill with his/her signature before presenting it to the president for assent. The chairman nominates members of the Rajya Sabha on various bodies.
The vice president is not entitled to any special emoluments and privileges during his/her term of office. However, when he/she discharges the duties of the president in the latter’s absence, he/she enjoys all the benefits that are enjoyed by the president, during that tenure.
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