Two jobs in one office
The Vice-President is the second-highest office in India and does two things.
One is presiding over the Rajya Sabha. The Vice-President is its ex-officio Chairman — meaning the job comes automatically with the office, without a separate election. As Chairman he runs the sittings of the upper house: deciding who speaks, ruling on points of order, maintaining discipline, and deciding whether a member's conduct is in order. He does not vote in the normal way, but has a casting vote if the House is tied. This is the daily work of the office.
The other is acting as President. If the President dies, resigns, is removed, or is away, the Vice-President takes over. Think of a school with a Principal and a Vice-Principal — the Vice-Principal has his own daily duties, but steps into the Principal's chair when that seat is empty. This has happened several times: V.V. Giri acted as President in 1969 after Dr. Zakir Husain died in office, and B.D. Jatti acted in 1977 after Fakhruddin Ali Ahmed died.
The office sits in Part V, Articles 63 to 71, and was borrowed from the United States, where the Vice-President also presides over the Senate.
The Vice-President belongs to the Union Executive as the President's standby, and to the legislature as Chairman of the Rajya Sabha. No other Indian office straddles both branches this way.
How the Vice-President is elected
Article 66 sets out the electoral college, and it is deliberately narrower than the President's.
Only members of Parliament vote — both Houses, and both elected and nominated members. State legislatures play no part at all.
MLAs elect the President. MLAs do not elect the Vice-President. And nominated MPs cannot vote for the President, but they can vote for the Vice-President. The two electoral colleges are constructed on opposite principles, and questions exploit this constantly.
The method is the same as for the President — proportional representation by single transferable vote, through secret ballot. But because only MPs vote, there is no weighting by population. Every vote carries the same value.
Do members of State Legislative Assemblies take part in the Vice-Presidential election?
No. Only members of both Houses of Parliament vote, including nominated members. State legislatures play no part.
Qualifications, term and oath
| Requirement | Detail |
|---|---|
| Citizenship | Must be a citizen of India |
| Age | Must have completed 35 years |
| Eligibility | Must be qualified for election as a member of the Rajya Sabha — not the Lok Sabha |
| Office of profit | Must not hold any office of profit under the government |
| Nomination | Needs 20 proposers and 20 seconders |
| Term | Five years, with no limit on re-election |
| Oath administered by | The President of India |
President → qualified for the Lok Sabha. Vice-President → qualified for the Rajya Sabha. It follows from the job: the Vice-President presides over the Rajya Sabha, so must be fit to sit in it.
The President's nomination needs 50 proposers and 50 seconders. The Vice-President's needs 20 and 20. The smaller number matches the smaller electorate.
Acting as President
The Vice-President acts as President in two different situations, and the rules differ.
| Situation | What happens | Time limit |
|---|---|---|
| Vacancy — the President dies, resigns or is removed | The Vice-President acts as President until a new one is elected | A fresh election must be held within 6 months |
| Absence — the President is ill or abroad | The Vice-President discharges the President's functions | Until the President resumes duty; no fixed limit |
While acting as President, the Vice-President has all the powers and immunities of the President, and draws the President's salary — not the Vice-President's.
While acting as President, the Vice-President does not perform the duties of Rajya Sabha Chairman, and is not entitled to the Chairman's salary. The Deputy Chairman presides in the meantime.
V.V. Giri is the only person to have been both Acting President and President. He acted after Dr. Zakir Husain died in 1969, then resigned to contest the election and won it. In the gap that followed his resignation, Chief Justice Mohammad Hidayatullah acted as President — the only time a judge has held the office.
Removal
The Vice-President can be removed, but the procedure is markedly easier than impeaching a President — and notably, no ground has to be stated at all.
- The resolution must be moved in the Rajya Sabha, never the Lok Sabha
- It requires 14 days' notice
- It must be passed by an effective majority of the Rajya Sabha — a majority of the members then holding office
- It must then be agreed to by the Lok Sabha by a simple majority
No ground is specified — the Constitution says nothing about why a Vice-President may be removed. The resolution can only originate in the Rajya Sabha. And the majority required is an effective majority, not the two-thirds of total membership needed to impeach a President.
In which House must a resolution to remove the Vice-President be introduced?
The Rajya Sabha. It can never originate in the Lok Sabha, though the Lok Sabha must agree to it.
President and Vice-President compared
| President | Vice-President | |
|---|---|---|
| Articles | 52 to 62 | 63 to 71 |
| Electoral college | Elected MPs and elected MLAs | Only MPs — elected and nominated |
| Nominated MPs vote? | No | Yes |
| MLAs vote? | Yes | No |
| Qualified for election to | Lok Sabha | Rajya Sabha |
| Proposers and seconders | 50 and 50 | 20 and 20 |
| Oath administered by | Chief Justice of India | The President |
| Ground for removal | Violation of the Constitution | No ground specified |
| Removal begins in | Either House | Rajya Sabha only |
| Majority needed | Two-thirds of total membership | Effective majority |
| Borrowed from | Ireland — method of election | United States |
Everything on one look
The electoral college, the two jobs, and every difference from the presidency.
- Articles 63 to 71 deal with the Vice-President
- Minimum age is 35 years
- Term is 5 years, with no limit on re-election
- 20 proposers and 20 seconders are needed to file nomination
- A presidential vacancy must be filled within 6 months
- Removal needs 14 days' notice in the Rajya Sabha
- Article 63 — there shall be a Vice-President of India
- Article 64 — ex-officio Chairman of the Rajya Sabha
- Article 65 — acts as President in a vacancy
- Article 66 — the electoral college
- Article 67 — term and removal
- The office was borrowed from the United States
- MLAs do not vote in the Vice-Presidential election — only members of Parliament do
- Nominated MPs can vote for the Vice-President, though they cannot vote for the President
- The Vice-President must be qualified for the Rajya Sabha, not the Lok Sabha
- No ground is specified in the Constitution for removing a Vice-President
- A removal resolution can only originate in the Rajya Sabha
- Removal needs an effective majority, not the two-thirds required to impeach a President
- The President administers the oath to the Vice-President, not the Chief Justice
- While acting as President, the Vice-President does not preside over the Rajya Sabha
- The office was borrowed from the United States, where the Vice-President presides over the Senate
- Articles 63 to 71 of the Constitution deal with the Vice-President of India
- The Vice-President is the ex-officio Chairman of the Rajya Sabha
- The office was borrowed from the United States Constitution
- Article 66 provides that only members of Parliament elect the Vice-President
- Nominated members of Parliament can vote in the Vice-Presidential election
- Members of State Legislative Assemblies take no part in electing the Vice-President
- A candidate must be qualified for election to the Rajya Sabha
- A nomination needs 20 proposers and 20 seconders
- The President administers the oath of office to the Vice-President
- The Vice-President acts as President when that office falls vacant
- A presidential vacancy must be filled by fresh election within six months
- While acting as President the Vice-President draws the President's salary
- A removal resolution can only be moved in the Rajya Sabha
- No ground for removal is specified in the Constitution
- V.V. Giri is the only person to have served as both Acting President and President