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The Vice-President is the Guardian of the Upper House and the Primary Deputy to the President.
The office of the Vice-President, established in line with the pattern of the Vice-President of the United States, holds the second rank in the country’s official hierarchy, directly succeeding the President in the warrant of precedence. This position is strategically important, ensuring continuity and stability within the highest levels of executive and legislative functioning.
- (i) The Vice-President serves a dual function, acting as the ex-officio Chairman of the Rajya Sabha (Council of States) and standing by to assume the duties of the President when a vacancy arises.
- (ii) This unique dual responsibility underscores the importance of the office, which serves as a crucial link between the executive and the Union Legislature.
- (iii) The role is defined by Article 63 of the Indian Constitution, which states that there shall be a Vice-President of India.
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Election Process of the Vice-President of India: The Constitutional Mandate
The process of electing the Vice-President is distinct from that of the President, reflecting the office's primary responsibilities related to the Parliament rather than the states.
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Electoral College Composition and Key Differences from Presidential Election
The choice of the Vice-President is made through an indirect election, meaning citizens do not cast their votes directly for the candidate. Instead, a specialized electoral body is responsible for making the selection, highlighting the position's representative nature within the Union Parliament.
- (i) The Exclusive Electoral Body: The college consists solely of members from both Houses of Parliament—the Lok Sabha (House of the People) and the Rajya Sabha.
- (ii) Inclusion of All MPs: A critical distinction is that the electoral college includes both elected and nominated members of Parliament, a feature designed to broaden the electoral base within the central legislature.
- (iii) Exclusion of State Assemblies: Crucially, the members of state legislative assemblies are excluded from this election, reinforcing the idea that the Vice-President's regular duties are confined to the Union Government and Parliament.
- (iv) Method of Voting: The election adheres to the principle of proportional representation system, facilitated through the use of a single transferable vote, ensuring the winner secures a required quota of votes, all cast through a secret ballot voting procedure.
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Qualifications and Nomination Requirements for Vice-Presidency Aspirants
A candidate aspiring to the second-highest constitutional office must fulfill a specific set of eligibility criteria, primarily focusing on national identity, age, and suitability for high legislative responsibility.
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Mandatory Eligibility Criteria for VP Candidacy
The Indian Constitution meticulously defines the minimum requirements a person must satisfy to successfully contest the election for the Vice-President of India.
- (i) Citizenship and Age: The person must unequivocally be a citizen of India and have attained the age of at least 35 years old, reflecting the requirement for maturity and experience in this high-ranking post.
- (ii) Readiness for the Rajya Sabha: A key qualification is that the candidate must be eligible for election as a member of the Rajya Sabha, given that their primary role is to preside over the proceedings of that House.
- (iii) Prohibition of Profit: The candidate must not hold an office of profit under the Union government, any state government, or any local or public authority. Exemptions exist for those already holding the offices of the President, Vice-President, a Governor, or a Minister.
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To ensure only serious candidates participate, the election rules mandate a formal nomination process backed by a significant number of Parliamentarians and a financial deposit.
- (a) Support of Parliamentarians: The nomination must be supported by a minimum of 20 proposers and subsequently endorsed by at least 20 seconders, all of whom must be members of the electoral college.
- (b) Financial Commitment: Every candidate is required to make a compulsory security deposit of ₹15,000, which must be submitted to the Reserve Bank of India, a provision ensuring the earnestness of the contender.
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Oath, Conditions, and Term of Office for the Vice-President
Upon election, the Vice-President enters into office under specific constitutional conditions and serves for a fixed term, with clear provisions for removal and filling a vacancy.
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The Solemn Oath of Office and Affirmation of Duty
The induction into this high office is marked by a solemn commitment to uphold the sanctity of the Indian Constitution and faithfully execute the responsibilities entrusted to the individual.
- (i) The Vice-President takes an oath to bear true faith and allegiance to the Constitution of India, the foundational law of the land.
- (ii) The pledge also includes the promise to faithfully discharge the duties of the office without fear or favour.
- (iii) The authority designated to administer this crucial oath is none other than the President of India, or a person officially appointed by the President for this specific purpose.
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Conditions for Holding the Vice-Presidential Office
The office of the Vice-President imposes strict limitations on the office-holder regarding simultaneous political membership to ensure dedication to constitutional duties.
- (a) Prohibition of Dual Membership: The Vice-President cannot be a member of either House of the Union Parliament (Lok Sabha or Rajya Sabha) or any state legislature. Should an elected person be a sitting member, their seat in that legislature is considered vacated immediately upon assuming the Vice-Presidential role.
- (b) Office of Profit Restriction: The newly sworn-in Vice-President is strictly prohibited from holding any other office of profit during their tenure.
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Term of Office, Resignation, and Removal Procedure
The tenure of the Vice-President is a defined period, but the Constitution provides mechanisms for an early exit, either voluntarily or through a parliamentary process.
- Duration and Continuity: The term is fixed at five years from the date of assuming office, and the Vice-President continues to serve even after the term expires until the successor formally takes charge. Re-election is permitted without any limitation on the number of terms.
- Voluntary Resignation: The Vice-President has the power to tender a resignation at any point during the term, addressed formally to the President.
- Parliamentary Removal: The removal process is distinctive; it must be initiated by a Rajya Sabha resolution passed by an absolute majority (majority of the total members of the House) and subsequently agreed to by the Lok Sabha. This action requires a prior 14-day notice to the Vice-President before the resolution is moved.
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Vacancy in the Vice-President's Office and Election Disputes Resolution
Provisions exist to handle both expected and unexpected vacancies, ensuring the quick restoration of the constitutional office, with the Supreme Court acting as the final authority on all electoral disputes.
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Causes for Vice-Presidential Office Vacancy and Timeframe
A vacancy in the second-highest office can arise from several circumstances, each triggering specific election timelines.
- (i) Expiry of the full five-year term.
- (ii) Voluntary Resignation submitted to the President.
- (iii) Formal Removal by the Parliament.
- (iv) Death of the incumbent.
- (v) Disqualification or annulment of the election by the Supreme Court.
The key constitutional rule is that if the vacancy is due to the expiry of the term, the election for the successor must be completed before the outgoing term ends. For all other types of vacancies, the election must be held as soon as possible, and the newly elected Vice-President is entitled to a full five-year term from the date of assuming office.
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Supreme Court as the Final Arbiter of Election Disputes
To safeguard the electoral process and the dignity of the office, the Constitution places all disputes arising from the Vice-Presidential election under the exclusive jurisdiction of the highest judicial authority.
- (a) The Supreme Court of India has the sole authority to adjudicate all challenges and disputes related to the election, and its decision is deemed final.
- (b) An election cannot be challenged or declared void merely on the grounds of any vacancy existing in the electoral college at the time of voting.
- (c) Importantly, any official acts performed by the Vice-President before their election is potentially declared void remain valid, protecting the functional continuity of the government.
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Summary: Importance of the Vice-President's Role for Indian Polity Exams
The office of the Vice-President of India is integral to the constitutional machinery, serving as both the principal presiding officer of the Rajya Sabha and a crucial stand-in for the President. The unique election process, requiring participation from all Members of Parliament but excluding state assemblies, is a key distinguishing factor. For students, a deep understanding of the Article 66 election process, the 35 years old age requirement, the difference in the electoral college, and the unique Rajya Sabha resolution mechanism for removal are indispensable for mastering the Indian Polity section of competitive examinations.
