Vice-President

• The Vice-President is the second-highest office in India.
• The office is modeled on the American Vice-President.

Election

• Indirect election by an electoral college consisting of members of both Houses of Parliament.
• The electoral college differs from that of the President:
  • Includes both elected and nominated members of Parliament.
  • Does not include members of state legislative assemblies.

Electoral College Comparison (President vs. Vice-President)

Feature	President	Vice-President
Members of Parliament	Only elected	Elected and Nominated
State Legislative Assemblies	Elected members included	Not included

• Election is held in accordance with the system of proportional representation by means of the single transferable vote and secret ballot.
• All election disputes are inquired into and decided by the Supreme Court.
• The election cannot be challenged on the ground of an incomplete electoral college.
• Acts done before the date of the Supreme Court declaration are not invalidated.

Qualifications, Oath and Conditions

Qualifications

• Citizen of India.

• 35 years of age.

• Qualified to be a member of the Rajya Sabha.

• Should not hold any office of profit under the Union or state government or any public authority

  • Exception: Current President/Vice-President, Governor, Union/State Minister

• Nomination must be subscribed by at least 20 electors as proposers and 20 as seconders.

• Security deposit of ₹15,000 in the Reserve Bank of India.

Oath or Affirmation

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

Conditions of Office

• Must not be a member of either House of Parliament or a House of the state legislature.
• Must not hold any other office of profit.

Term and Vacancy

Term of Office

• Five years from the date of assuming office.
• Can resign at any time by addressing the letter to the President.
• Can be removed before completion of the term by a resolution passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha, after a 14-day advance notice.
  • Note: The resolution can only be introduced in Rajya Sabha
  • No ground has been mentioned in the Constitution for his/her removal.
• Can hold office beyond the term until a successor assumes charge.
• Is eligible for re-election.

Vacancy in Office

• Expiry of the tenure.
• Resignation.
• Removal.
• Death.
• Disqualification or election declared void.
• Election to fill the vacancy caused by expiration of the term must be held before the expiration of the term.
• Election should be held as soon as possible to fill the vacancy caused by resignation, removal, death, or otherwise.
• The newly-elected vice-president remains in office for a full term of five years.

Powers and Functions

• Ex-officio Chairman of Rajya Sabha.
  • Powers and functions similar to the Speaker of Lok Sabha.
  • Resembles the American vice-president, who is the chairman of the Senate.
• Acts as President when a vacancy occurs in the office of the President.
  • Can act as President for a maximum period of six months, within which a new President has to be elected.

Indian and American Vice-Presidents Compared

• Modeled on the lines of the American Vice-President, but there are differences:
  • The American Vice-President succeeds to the presidency for the unexpired term.
  • The Indian Vice-President acts as President only until a new President assumes charge.
• The Constitution has not assigned any significant function to the Vice-President in that capacity.