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Vice-President of India – Role, Significance, Issues and Way Forward

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Vice-President of India - Role, Significance, Issues and Way Forward

The Vice President of India occupies a unique and somewhat paradoxical position in India’s constitutional architecture — the second highest constitutional office in the country, yet one with relatively limited independent executive functions in normal times. The Vice President’s significance derives primarily from two sources: the role as ex-officio Chairman of the Rajya Sabha, which places the Vice President at the centre of India’s upper house of Parliament and its functioning, and the role as the constitutional successor to the President in the event of a vacancy, absence, or incapacity — making the office the ultimate constitutional backup to the nation’s highest position.

Constitutional Provisions

Article 63

  • There shall be a Vice-President of India.

Article 64

  • The Vice-President is the ex officio Chairman of the Rajya Sabha.
  • He does not hold any other office of profit.

Article 65

  • The Vice-President acts as President when a vacancy arises in the office of the President due to death, resignation, removal or otherwise.
  • He also discharges the functions of the President when the President is unable to perform them due to absence, illness or any other cause.
  • During this period, the Vice-President does not perform the duties of Chairman of the Rajya Sabha.

Article 66

  • Provides for the election of the Vice-President.

Article 67

  • Deals with the term of office, resignation and removal of the Vice-President.

Article 68

  • Provides for filling a vacancy in the office of the Vice-President.

Article 69

  • Provides for the oath or affirmation of the Vice-President.

Article 71

  • Disputes relating to the election of the President or Vice-President are decided by the Supreme Court, whose decision is final.

Election of the Vice-President

  • Electoral College
    • The Vice-President is elected by an electoral college consisting of members of both Houses of Parliament.
    • Unlike the presidential election, nominated members of Parliament also participate in the election of the Vice-President.
    • Members of State Legislative Assemblies do not participate.
  • Method of Election
    • The election is held according to the system of proportional representation by means of the single transferable vote.
    • Voting is conducted by secret ballot.

Qualifications

  • The person must be a citizen of India.
  • Must have completed 35 years of age.
  • Must be qualified for election as a member of the Rajya Sabha.
  • Must not hold an office of profit under the Union government or any state government or any local authority or any other public authority .

Term and Removal

  • Term
    • The Vice-President holds office for a term of five years.
    • He continues in office even after completion of the term until his successor assumes office.
    • He is eligible for re-election.
  • Resignation
    • The Vice-President may resign by submitting a written resignation to the President.
  • Removal
    • The Vice-President is not removed through impeachment.
    • He may be removed by a resolution of the Rajya Sabha passed by a majority of all the then members of the House and agreed to by the Lok Sabha.
    • At least 14 days’ notice must be given before moving such a resolution.
    • No specific grounds for removal are prescribed by the Constitution.

Role and Functions of the Vice-President

  • As Chairman of Rajya Sabha 
    • Ex Officio Chairman of the Rajya Sabha 
      • The Vice-President’s most significant day-to-day constitutional function is to preside over the Rajya Sabha.
      • He conducts the proceedings of the House and ensures that parliamentary business is carried out according to constitutional provisions and the Rules of Procedure. 
    • Maintains Order and Decorum
      • The Chairman is responsible for maintaining discipline and order during proceedings of the Rajya Sabha.
      • He may intervene when members violate parliamentary rules or disrupt proceedings.
        • Maintaining decorum — the Chairman has powers to adjourn proceedings, suspend members, and take disciplinary action to maintain the dignity and functioning of the Rajya Sabha
      • The effectiveness of the Rajya Sabha as a deliberative institution therefore depends considerably on the impartial and authoritative functioning of the Chair. 
    • Interprets Rules and Procedures
      • The Chairman decides questions relating to the interpretation and application of the Rules of Procedure of the Rajya Sabha. 
    • Regulates Parliamentary Debate
      • The Chairman determines the orderly conduct of debates, recognises members to speak and facilitates discussion on legislative and other parliamentary business.
      • This gives the office an important role in balancing the government’s legislative agenda with the Opposition’s right to raise issues and scrutinise the executive. 
    • Casting Vote
      • The Chairman ordinarily does not vote in the Rajya Sabha.
      • In the event of an equality of votes, he may exercise a casting vote. 
    • Role under the Anti-Defection Law
      • Under the Tenth Schedule, the Chairman decides questions relating to the disqualification of Rajya Sabha members on the ground of defection. 
    • Committee appointments 
      • The Chairman plays a role in the constitution of Rajya Sabha committees and the appointment of their chairpersons — influencing the House’s committee structure and oversight functions 
  • As Acting President 
    • Constitutional Successor to the President
      • The Vice-President acts as President when the office of the President falls vacant.
      • This ensures that the highest constitutional office never remains functionally vacant during a transition.
      • The office therefore provides an important mechanism of constitutional continuity and stability. 
    • Discharges Presidential Functions during Temporary Absence
      • If the President is temporarily unable to discharge duties because of absence, illness or another reason, the Vice-President performs those functions until the President resumes office. 
    • While acting as President, the Vice President exercises all presidential powers and functions — and does not simultaneously discharge the functions of Chairman of Rajya Sabha — the Deputy Chairman of Rajya Sabha presiding in the Vice President’s absence 
  • Ceremonial Role
    • The Vice President represents India at various national and international ceremonial functions

Significance of the Office of Vice-President

  • Ensures Constitutional Continuity
    • The Vice-President provides an immediate constitutional mechanism for discharging presidential functions in the event of a vacancy or temporary inability of the President.
  • Protects the Functioning of Bicameralism
    • As Chairman of the Rajya Sabha, the Vice-President facilitates the effective functioning of the Upper House.
    • A strong and impartial Chair enables the Rajya Sabha to perform its role of legislative revision, federal representation and executive accountability.
  • Promotes Orderly Parliamentary Deliberation
    • By regulating debates and enforcing procedural rules, the Chairman creates the institutional conditions necessary for reasoned parliamentary discussion.
    • This is particularly important when the House is politically divided or proceedings become contentious.
  • Balances Government and Opposition
    • The Chair must ensure that the government is able to conduct legitimate parliamentary business while the Opposition retains sufficient space to debate, question and hold the executive accountable.
    • The office therefore plays an important role in sustaining the deliberative character of parliamentary democracy.
  •  Safeguards Parliamentary Conventions
    • The authority of the Chairman extends beyond formal rules to the preservation of conventions, dignity and established parliamentary practices.

Issues/Concerns and Challenges Associated with the Office

  • Limited Independent Functions 
    • The Vice President’s role is constitutionally thin outside the Rajya Sabha chairmanship — unlike the US Vice President who has a more active executive role, India’s Vice President has virtually no independent executive function except when acting as President 
    • In normal times, the Vice President’s constitutional significance is almost entirely derived from the Rajya Sabha chairmanship 
  • Neutrality Concerns 
    • The Vice President, as an elected official who owes their election to a particular political coalition, is expected to preside over Rajya Sabha with complete impartiality — a structural tension between political origin and required neutrality that mirrors the Speaker’s neutrality problem in Lok Sabha
    • Allegations of partisan conduct in chairing Rajya Sabha proceedings have emerged at various points — questions about recognition of speakers, handling of disruptions, and ruling on points of order being subject to accusations of political bias
    • Selective Enforcement of Rules — Critics and Opposition parties have occasionally accused officeholders of “favoritism,” such as selectively enforcing procedural rules or rejecting notices for debates under specific provisions like Rule 267 
  • Lack of Advisory Role
    • Unlike the Vice President of the United States, the Indian counterpart is not a formal member of the Cabinet and does not have a direct role in policymaking or administration 
  • Role under the Anti-Defection Law 
    • As Chairman of Rajya Sabha, the Vice President decides disqualification petitions under the Tenth Schedule for Rajya Sabha members. This creates a direct conflict of interest. The Vice President is elected by a particular political coalition and may carry political sympathies toward that coalition. Yet they are required to impartially decide whether members of rival parties have defected and deserve disqualification. 
    • In practice, Chairmen have been accused of delaying decisions on petitions involving ruling party members while acting swiftly against opposition members. This partisanship concern fundamentally undermines the credibility of anti-defection adjudication in Rajya Sabha and mirrors the identical problem that afflicts the Speaker’s role in Lok Sabha. 
  • Challenges as Rajya Sabha Chairman 
    • Frequent Disruptions — The Chairman often struggles to maintain decorum amidst continuous disruptions, walkouts, and protests by members. While the Vice President has powers to evict or suspend members, these actions are frequently viewed as politically motivated, leading to further controversy 
    • Limited Legislative Influence — Compared to the Lok Sabha Speaker, the Rajya Sabha Chairman has no authority over Money Bills (Article 110). Furthermore, the increasing use of ordinances by the government is seen as a way to bypass the scrutiny that the Chairman is meant to facilitate in the Upper House 
  • Constitutional and Procedural Gaps 
    • Undefined Timeline for Vacancies — While the Constitution mandates that a vacancy in the Presidency must be filled within six months, Article 68 only stipulates that a Vice-Presidential election be held “as soon as possible”. This lack of a legally binding timeline allows for potential administrative delays or political maneuvering 
    • Lack of Specified Grounds for Removal — Notably, the Constitution mentions no specific grounds (such as “Violation of the Constitution”) for removing a Vice President
  • Removal Process — Lower Bar than Impeachment 
    • The Vice President can be removed by a simple majority resolution of Rajya Sabha agreed to by Lok Sabha — without any requirement of proved constitutional violation or misbehaviour — a significantly lower threshold than the President’s impeachment process
    • This relatively easy removal mechanism raises concerns about the office’s independence and security of tenure — a Vice President who displeases the ruling majority in both Houses could theoretically be removed without any substantive grounds being established
  • Federal Legitimacy
    • The relatively small electoral college (only Parliament members) means the Vice Presidential election is less federally representative than the Presidential election — a democratic legitimacy concern for the office that is first in line of presidential succession

Way Forward

  • Reinforcing neutrality in Rajya Sabha 
    • The Vice-President, while functioning as Chairman, should consciously maintain institutional distance from partisan political contests. 
    • Strengthening the Rajya Sabha chairmanship through codified rules — much of the Chairman’s conduct depends on convention and personal judgment rather than codified rules. Clear, publicly available guidelines on disruption management, suspension procedures, and recognition of speakers would reduce accusations of selective application and make the Chairman’s rulings more defensible 
      • The Vice President should suspend active party membership upon assuming office, similar to the convention followed by the Speaker in the UK. 
      • A formal code of impartial conduct for the Chairman should be adopted. 
      • Leaders of the House and Opposition should be mandatorily consulted before significant disciplinary decisions are taken. 
  • Ensure Consistency in Parliamentary Rulings
    • Procedural decisions should be based on established rules, conventions and precedents.
    • Similar situations should receive similar treatment irrespective of the political affiliation of the members concerned. 
  • Promote Greater Parliamentary Dialogue
    • Regular consultations between the Chair, government and Opposition can help resolve procedural disputes before they escalate into disruptions. 
  • Protect Space for the Opposition
    • Adequate opportunities should be provided for debates, short-duration discussions and other mechanisms of executive accountability. 
  • Transferring anti-defection adjudication 
    • Keeping disqualification decisions with the Chairman is constitutionally indefensible given the structural conflict of interest involved. These decisions should be transferred to an independent tribunal or the Election Commission, removing the single greatest source of partisanship allegations against the office. 
  • Enhancing federal legitimacy through electoral college reform 
    • Since the Vice President acts as President during vacancies, their electoral mandate should carry some federal character. Including state legislature members with lower weightage than in presidential elections would partially address the weaker federal legitimacy concern without fundamentally altering the office’s parliamentary character. 
  • Defining an advisory role 
    • The Vice President currently has no formal role between Rajya Sabha sessions. A constitutional convention or statutory provision giving the Vice President a defined role in inter-house coordination and high-level constitutional consultations would make the office meaningfully relevant beyond its parliamentary function. 
  • Moving toward consensus appointments 
    • The deepest structural fix is electing Vice Presidents through genuine cross-party consensus rather than ruling coalition arithmetic. A pre-election all-party consultation process would produce a Chairman whose impartiality is not permanently questioned because of how they were elected. 
  • Institutionalising accountability for Rajya Sabha’s functioning 
    • The Vice President as Chairman should publish an annual report on Rajya Sabha’s legislative productivity, disruptions, and committee effectiveness.

The significance of the Vice-President lies less in the volume of independent executive powers and more in the constitutional functions that no other office performs in precisely the same manner. As the potential constitutional successor to the President, the office ensures continuity at the highest level of the State; as Chairman of the Rajya Sabha, it safeguards the functioning of India’s Upper House. The effectiveness and legitimacy of the office ultimately depend upon impartiality, restraint, procedural fairness and the ability to protect both parliamentary order and democratic dissent.

Sample Mains Question

  1. Examine the constitutional position, method of election and principal functions of the Vice-President of India. (15 Marks, 250 Words)
  2. “The significance of the Vice-President of India lies more in parliamentary responsibility and constitutional succession than in independent executive authority.” Discuss. (15 Marks, 250 Words)
  3. Examine the role of the Vice-President as the ex officio Chairman of the Rajya Sabha in preserving parliamentary order, deliberation and executive accountability. (15 Marks, 250 Words)

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