Key Highlights
- The office was instantiated by Article 63 of the Constitution.
- Selection is carried out indirectly by the elected and nominated members of both houses of Parliament.
- It acts as President only when the presidential post is vacant, not for the remainder of a term.
- The term lasts five years, but can end earlier through resignation or parliamentary removal.
- A Vice‑President who wins an electoral mandate must vacate any parliamentary seat taken.
Detailed Insights
The Constitution places the Vice‑President as the second tier in India’s constitutional hierarchy, following the President. Although the title mirrors that of other democracies, the Indian office diverges fundamentally: the Vice‑President assumes the role of Acting President only until a new President is elected, unlike the U.S. system where the Vice‑President completes the remaining term.
Election is a purely indirect exercise guided by Article 66(1). The electoral college comprises all elected and nominated members of both the Lok Sabha and the Rajya Sabha. The voting mechanism is proportional representation conducted through the simple transferable vote (STV), with ballots kept secret to preserve anonymity.
Eligibility criteria under Article 66(3) demand: Indian citizenship; minimum age of 35; qualification for Rajya Sabha membership; and exclusion from holding any office of profit under the central, state, or local governments. Should a sitting Member of Parliament or a legislative member win the election, they must relinquish that seat.
The Vice‑President’s tenure (Article 67) starts on the day of taking office and normally spans five years. Resignation is permissible by submitting a letter to the President. Removal can occur only if the Rajya Sabha passes a resolution by a majority, which must be accepted by the Lok Sabha; a 14‑day notice precedes such a resolution. The office remains in effect until the successor takes over.
Vacancies triggered by death, resignation, removal, or other circumstances invoke Article 68, mandating a new election as soon as possible. The elected Vice‑President serves a full five‑year term regardless of prior vacancies.
Before assuming office, the Vice‑President must take an oath administered by the President or an appointed officer, pledging fidelity to the Constitution and honest performance of duties.
When the President is incapacitated, absent, or the office is otherwise vacant, the Vice‑President steps in as the Acting President until a new President is elected or the incumbent resumes daily functions.
Key Concepts
- Vice‑President – The second highest constitutional office; elected indirectly.
- Electoral College – Body comprising elected and nominated members of the Lok Sabha and Rajya Sabha.
- Proportional Representation – Voting method ensuring seats reflect votes proportionally.
- Simple Transferable Vote – STV system allowing voters to rank candidates.
- Acting President – Temporary head of state when the President’s position is vacant.