The Vice-President holds the second-highest office in India. The office has two jobs. Every day, the Vice-President runs the Rajya Sabha as its Chairman. When the President's office is empty, the Vice-President acts as President. The rules are in Articles 63 to 71.
One office, two jobs
Chairman of the Rajya Sabha every day; President when needed.
Article 63 says there shall be a Vice-President of India. Article 64 makes the Vice-President the ex officio Chairman of the Rajya Sabha. "Ex officio" means the job comes with the office; there is no separate election for it. The Vice-President is part of the Union executive and ranks just after the President.
Runs its sittings, keeps order, decides who speaks, and has a casting vote in a tie. He is not a member of the House.
Takes over the President's work when the office is vacant, or when the President is ill or away.
Cannot hold any other paid post. His salary is paid as Chairman of the Rajya Sabha, not as Vice-President.
What the Vice-President does.
As Chairman, his powers are like the Speaker's in the Lok Sabha. He decides on defection cases of Rajya Sabha members under the Tenth Schedule. A Deputy Chairman, elected by the Rajya Sabha, presides when he is absent. But only the Speaker, not the Chairman, certifies a Money Bill and presides over a joint sitting.
- Served two full terms
- Became the second President in 1962
- Became President in 1987
- One of six Vice-Presidents who later became President
- Born in Punjab's Amritsar district
- The only Vice-President to die in office (2002)
- The second Vice-President to serve two full terms
Order of precedenceTap to open
The Table of Precedence fixes the order of rank of high officials. It is issued by the President's Secretariat, not the Prime Minister's Office. The top three are the President, the Vice-President and the Prime Minister, in that order. Governors come next, within their own states.
How the Vice-President is elected
Only MPs vote, and nominated MPs count too.
Under Article 66, the Vice-President is elected by an electoral college of all members of both Houses of Parliament. This includes nominated members. MLAs take no part. Voting is by proportional representation through the single transferable vote, by secret ballot. Every MP's vote has the same value.
At first, the Vice-President was elected at a joint meeting of both Houses. The 11th Amendment (1961) changed this to an electoral college. The same amendment says an election cannot be challenged just because some seats in the electoral college were vacant.
The Election Commission conducts the election. All doubts and disputes about it are decided by the Supreme Court (Article 71), and its decision is final. If the Court cancels an election, the acts done by that Vice-President before the judgment remain valid.
Qualifications, term and oath
Fit for the Rajya Sabha, sworn in by the President.
| Rule | Detail | Article |
|---|---|---|
| Citizen | Must be a citizen of India | 66 |
| Age | At least 35 years | 66 |
| Rajya Sabha test | Must be qualified to become a Rajya Sabha member | 66 |
| No office of profit | Cannot hold a paid government post | 66 |
| No seat in a House | An MP or MLA who wins loses that seat on taking office | 66 |
| Term | 5 years; stays on until the successor takes over | 67 |
| Resignation | Written to the President | 67 |
| Oath | Taken before the President (or a person he appoints) | 69 |
Cross-over rule. The President must be fit for the Lok Sabha; the Vice-President for the Rajya Sabha (the House he will run). The Chief Justice swears in the President; the President swears in the Vice-President. The President resigns to the Vice-President; the Vice-President resigns to the President.
If the post falls vacant through death, resignation or removal, a new election is held as soon as possible (Article 68). The person elected gets a full five-year term from the day he takes office, not just the rest of the old term.
Acting as President, and removal
Standing in for the President, and how the office can be ended early.
If the offices of both the President and the Vice-President are empty, the Chief Justice of India acts as President. If he too is not available, the senior-most Supreme Court judge does. This comes from a law Parliament made in 1969.
- 1S. Radhakrishnan1952–1962 · First Vice-President; later President
- 2Zakir Husain1962–1967 · Later President
- 3V. V. Giri1967–1969 · Acting President in 1969; then elected President
- 4G. S. Pathak1969–1974 · Sworn in by President Giri
- 5B. D. Jatti1974–1979 · Acting President in 1977 after Fakhruddin Ali Ahmed died
- 6M. Hidayatullah1979–1984 · Earlier Chief Justice; had acted as President in 1969
- Rajya SabhaNotice in the Rajya SabhaAt least 14 days' notice of the resolution. It can start only in the Rajya Sabha.
- Rajya SabhaRajya Sabha passes itBy an effective majority: a majority of all the then members of the House.
- Lok SabhaLok Sabha agreesBy a simple majority of members present and voting.
- ResultRemovedThe Vice-President leaves office. No ground has to be proved.
The Constitution gives no ground for removing a Vice-President, and calls it removal, not impeachment. Compare the President: impeachment needs violation of the Constitution and two-thirds of the total membership in both Houses. For the Vice-President, the resolution must begin in the Rajya Sabha, and the Lok Sabha only has to agree.
Everything on one look
Articles, numbers and the traps examiners set.
| Article | What it says |
|---|---|
| 63 | There shall be a Vice-President of India |
| 64 | Ex officio Chairman of the Rajya Sabha |
| 65 | Acts as President in a vacancy or absence |
| 66 | Election and qualifications |
| 67 | Term, resignation and removal |
| 68 | Filling a vacancy |
| 69 | Oath before the President |
| 70 | President's functions in other cases |
| 71 | Election disputes decided by the Supreme Court |
- Minimum age: 35
- Term: 5 years, re-election allowed
- Nomination: 20 proposers + 20 seconders
- Removal notice: 14 days, in the Rajya Sabha
- Acting President: until a new President, at most about 6 months
- 11th Amendment (1961): electoral college instead of joint meeting
- First Vice-President: S. Radhakrishnan (1952)
- Two full terms: Radhakrishnan and Hamid Ansari
- Only one to die in office: Krishan Kant (2002)
- Acting Presidents: V. V. Giri (1969), B. D. Jatti (1977)
- Chief Justice, acting President and Vice-President: M. Hidayatullah
- Vice-Presidents who became President: six
- MLAs do not vote for the Vice-President; only MPs do.
- Nominated MPs can vote for the Vice-President, but not for the President.
- The Vice-President must be fit for the Rajya Sabha, not the Lok Sabha.
- The President, not the Chief Justice, gives the Vice-President his oath.
- The Vice-President resigns to the President.
- Removal starts only in the Rajya Sabha, needs no ground, and is not a formal impeachment.
- The Rajya Sabha needs an effective majority; the Lok Sabha a simple majority.
- While acting as President, he does not chair the Rajya Sabha.
- The Chairman is not a member of the Rajya Sabha; the Deputy Chairman is.
- Vice-President: Articles 63–71
- Second in the order of precedence
- Model borrowed from: USA
- Ex officio Chairman of: Rajya Sabha
- Elected by: all MPs (elected and nominated)
- Method: single transferable vote
- Conducted by: Election Commission
- Disputes decided by: Supreme Court
- Qualification: fit for the Rajya Sabha
- Oath given by: the President
- Resignation to: the President
- Removal begins in: Rajya Sabha
- Both offices vacant: Chief Justice acts
- First Vice-President: S. Radhakrishnan
A President dies in office. Who takes over, for how long, and who chairs the Rajya Sabha in the meantime?
Show answer
The Vice-President acts as President (Article 65) until a newly elected President takes office. The election must be held within 6 months. During this time the Vice-President has the President's powers and salary, and the Deputy Chairman chairs the Rajya Sabha.