VICE PRESIDENT OF INDIA

Why in News?
Vice President Jagdeep Dhankhar resigns from office citing health issues.

About Vice President post:

The Vice President of India is the second-highest constitutional office in the country after the President of India.

The Vice-President 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.

The Vice President’s main role is to act as the President if the President cannot perform his or her duties, such as due to death, resignation, or impeachment.

The Vice President also serves as the Chairman of the Rajya Sabha (Council of States), the upper house of the Indian Parliament.

Constitutional Provisions:

Article 63 – There shall be a Vice President of India

Article 64 – The Vice President shall be ex officio chairman of the council of States

Article 65 – Vice President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President

Article 66 – Vice President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation

Article 67 – Vice President shall hold office for a term of five years

Article 68 – Provisions related to the term and vacancy of the Vice President

Article 69 – Oath to the office of President

Article 70 – Discharge of Presidents functions in any contingencies

Article 71 – Matters and disputes relating to, or connected with, the election of a President or Vice President.

Election to the post of Vice President:

The election to the post held indirectly like the election to the post of President.

• Under Article 324 of the Constitution of India, the authority to conduct elections to the Office of Vice-President is vested in the Election Commission of India.
• As per Article 66(1) of the Constitution of India, the election of the Vice President shall be held in accordance with the system of proportional representation by means of single transferable vote and the voting at such election shall be by secret ballot.
• The Vice-President is elected by an Electoral College, which consists of the members of the Lok Sabha and Rajya Sabha (both elected and nominated members)
• Election to the office of Vice-President of India is governed by the provisions contained in Articles 64 to 68 of the Constitution of India and the Presidential and Vice-Presidential Elections Act, 1952 and the Rules made thereunder

Qualifications:

A candidate should satisfy the following requirements to contest the election to the Office of Vice-President: –

1. Must be a citizen of India.
2. Must have completed 35 years of age.
3. Must be eligible to be a member of the Rajya Sabha.

4. Must not hold any office of profit under the Government of India or the   

     Government of any State or under any local or other authority subject to   

     the control of any of the said Governments.

{The offices of President and Vice-President, Governor of any State and Ministers of Union or State are not deemed to be office of profit for this purpose}

Oath and Affirmation:

Before entering his office, the Vice President has to make and subscribe to an oath or affirmation. In his oath, the Vice President swears.

• to bear true faith and allegiance to the Constitution of India; and
• to faithfully discharge the duties of his office.

The oath of office to the Vice-President is administered by the President or some person appointed by him.

Term of Office:

• The Vice-President holds office for a term of 5 years from the date he enters upon his office.
• Even after the expiry of the 5-year term, he continues to hold office until his successor assumes charge.
• In case of death, removal, or resignation, the Constitution does not provide for automatic succession.
• A fresh election must be conducted to fill the vacancy.
• During the interim period, the Deputy Chairman of the Rajya Sabha can perform the duties of the Chairman.

Resignation and Removal:

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.

List of Vice Presidents of India from 1952 to 2025:

(The three Vice Presidents of India who resigned before completing their term are V. V. Giri, R. Venkataraman, and Jagdeep Dhankhar)