Vice President of India: Understanding the Constitutional Role and Powers

The Vice President of India tendered his resignation letter to the President, citing medical reasons for his decision.

On 21st July, the Vice President of India submitted his letter of resignation to the President. He declared his intention “to prioritise health care and abide by medical advice,” with immediate effect, citing Article 67(a) of the Constitution.  His decision to step down citing health concerns marks only the third instance in India’s history where a Vice President has resigned mid-term, following V.V. Giri (1969) and R. Venkataraman (1987). 

Constitutional Foundation of India’s Vice Presidency

Origins and Constitutional Mandate

Article 63 states “There shall be a Vice President of India”. The office of the Vice President was established within the framework of Indian Constitution in 1950. It reflects the framers’ intent to create institutional continuity and effective parliamentary governance. 

Dual Constitutional Role: Legislative and Executive

The Vice President’s responsibilities encompass two distinct spheres. Primarily, they serve as the Chairman of the Rajya Sabha, ensuring smooth legislative proceedings and maintaining parliamentary decorum. This role requires neutrality, as the Vice President possesses casting vote powers during tied situations and cannot participate in regular voting as he/she is not an elected member of the house.

Article 65 outlines the contingent executive function- acting as President during vacancies caused by death, resignation, removal, or illness. However, this role is temporary, limited to six months until a new President is elected. During this period, the Vice President cannot perform Rajya Sabha duties, which are temporarily handled by the Deputy Chairman of Rajya Sabha.

Constitutional Positioning

The constitutional design of the position of the Vice President differs from that of the President of India. The President serves as the symbolic head of state with extensive executive, legislative, and emergency powers. On the other hand, the Vice President remains a legislative functionary with contingent executive duties.

Electoral Process and Qualification Framework

Electoral College System

The Vice President’s election follows a unique democratic process outlined in Article 66. The electoral college comprises all members of both Houses of Parliament—Lok Sabha and Rajya Sabha including nominated members. This differs from the President’s electoral college, which includes state legislative assemblies, reflecting federal representation.

The election employs proportional representation through the single transferable vote system. Each Member of Parliament ranks candidates by preference, and votes carry equal value regardless of the house they represent. To win, a candidate must secure the required quota, calculated by dividing total valid votes by two and adding one.

Qualification Criteria and Eligibility

Candidates must meet specific constitutional requirements: Indian citizenship, minimum age of 35 years, and qualification for Rajya Sabha membership. They cannot hold any “office of profit” under central or state governments. If already serving as an MP, they must vacate their legislative seat before assuming the Vice Presidency.

The nomination process requires 20 MPs as proposers and 20 as seconders, along with a security deposit of Rs. 15,000. These requirements ensure serious candidacy while maintaining democratic accessibility.

Resignation and Removal Mechanisms

Voluntary Resignation Under Article 67(a)

Vice Presidents can resign by submitting a written letter to the President, which becomes effective immediately upon acceptance. The present Vice President’s resignation invokes Article 67(a), citing medical advice as the primary reason for his decision.

Removal Process: Parliamentary Accountability

Article 67(b) outlines the removal procedure of the Vice President. It requires an effective majority in the Rajya Sabha and simple majority in the Lok Sabha, with a mandatory 14-day advance notice. This process is notably simpler than the Presidential impeachment which requires two-thirds majority in both houses for ‘constitutional violations.’ This reflects the Vice President’s primary accountability as the Rajya Sabha Chairman.

Comparative Analysis: India vs. US Vice Presidency

The Vice-President occupies the second highest office in the country. He is accorded a rank next to the President in the official warrant of precedence. This office is modelled on the lines of the American Vice-President. Both the Vice Presidents serve as presiding officers of their respective upper houses.

Despite borrowing the concept from the US, India’s Vice Presidency has evolved distinctly within the parliamentary framework. The U.S. Vice President becomes President automatically upon vacancy, ensuring immediate executive continuity. The Indian Vice President holds Presidential office only till the election of a new President. India’s model requires new elections to the office of the President within six months, prioritizing electoral mandate over seamless succession. Additionally, the U.S. 25th Amendment provides mechanisms for filling Vice Presidential vacancies, while India lacks such constitutional provisions.

The American Vice Presidency has evolved into an integrated executive role, with incumbents serving as presidential advisors and ambassadors. India’s Vice President remains constitutionally limited to legislative and contingent executive functions, reflecting different governmental philosophies.

Contemporary Challenges and Reform Considerations

Neutrality and Parliamentary Ethics

The Vice President’s role as a political figure and impartial presiding officer has the potential of creating conflicts of interest. When presiding officers allegedly appear to favor particular political positions, it can undermine parliamentary decorum and democratic discourse. This challenge is particularly acute given the Vice President’s election by Parliament members, potentially creating obligations to political parties while requiring constitutional impartiality.

Institutional Reforms and Future Directions

Reforms could strengthen the Vice Presidency’s effectiveness. Constitutional amendments could clarify succession mechanisms for the office, similar to the U.S. 25th Amendment. Currently, when the Vice President acts as President or resigns, only the Rajya Sabha Chairman’s duties are temporarily reassigned, leaving the constitutional office vacant.

Procedural reforms might include clearer conduct guidelines for parliamentary proceedings and mechanisms for addressing concerns regarding removal. These could help maintain public confidence while preserving the office’s dignity.

Conclusion

The Vice President of India occupies a unique position in the country’s constitutional framework, serving as a legislative presiding officer and an executive successor ensuring institutional continuity. Understanding this institution requires appreciating its dual nature rooted in parliamentary tradition yet adapted for India’s specific federal structure. 

Ultimately, the significance of the Vice President’s office lies in its capacity to uphold parliamentary integrity and constitutional principles, serving as a cornerstone of India’s democratic governance.

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