1

THE VICE PRESIDENT OF INDIA

Subject: CONSTITUTIONAL LAW II

Submitted to: - Submitted by:-

Dr. C.N. SWAMI ADHISH

PRASAD

Faculty of Constitutional Law II Roll no: - 904

Semester: - 6th

Session: - 2013-18
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ACKNOWLEDGEMENT

I am very thankful to everyone who all supported me for I have completed my project effectively
and moreover on time. I am equally grateful to my Constitutional Law II faculty: Dr. C.N.
Swami Sir. He gave me moral support and guided me in different matters regarding the topic. He
had been very kind and patient while suggesting me the outlines of this project and correcting my
doubts. I thank him for his overall supports. Last but not the least, I would like to thank my
friends who helped me a lot in gathering different information, collecting data and guiding me
from time to time in making this project despite of their busy schedules ,they gave me different
ideas in making this project unique.

Thanking you

ADHISH PRASAD
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TABLE OF CONTENTS

1. OBJEC OF THE STUDY........4

2. SCOPE OF THE STUDY............4

3. HYPTHESIS................4

4. RESEARCH METHODOLOGY....4

5. SOURCES OF DATA.........................................................................................................4

6. LIST OF ALL VICE PRESIDENTS OF INDIA................................................................5

CHAPTERISATION

i. INTRODUCTION ...........7,8

ii. ELECTION PROCEDURE....................................................9-13

iii. POWER AND FUNCTIONS...........................................................................14,15

iv. TERMS OF OFFICE........................................................................................16-20

v. COMPARISON WITH THE VICE PRESIDENT OF U.S.A......21,22

vi. CONCLUSION......................................................................23

BIBLIOGRAPHY........24

OBJECT OF THE STUDY-

1. To find out the legal implications of the vice president of India.

2. To highlight the power and function of vice president of India.
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SCOPE OF THE STUDY-

The scope of study is to find out, the roll of vice president in spite the presence of president.

HYPOTHESIS-

Like president, vice president is also the part of Indian parliament

RESEARCH METHODOLOGY-

Researcher shall emphasize and use the doctrinal method to prepare this project topic.

SOURCES OF DATA-

PRIMARY SOURCES:- SECONDARY SOURCES:-

1. The Constitution of India 1. Books on Constitutional Law

4. Websites

5. Journals

LIST OF ALL VICE PRESIDENT'S OF INDIA:

SNo Vice-President Took office Left office President of that Period

.
1 Sarvepalli 13 May 1952 12 May 1962 Rajendra
Radhakrishnan Prasad
2 Zakir Hussain 13 May 1962 12 May 1967 Sarvepalli Radhakrishnan
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3 Varahagiri Venkata 13 May 1967 3 May 1969 Zakir Hussain

Giri
4 Gopal 31 August 1969 30 August 1974 Varahagiri Venkata
Swarup Pathak Giri
5 Basappa Danappa 31 August 1974 30 August 1979 Fakhruddin Ali Ahmed
Jatti
6 Muhammad 31 August 1979 30 August 1984 Neelam Sanjiva Reddy
Hidayat Ullah
7 Ramaswamy 31 August 1984 27 July 1987 Giani Zail
Venkataraman Singh
8 Shankar Dayal 3 September 24 July 1992 Ramaswamy
Sharma 1987 Venkataraman
9 Kocheril Raman 21 August 1992 24 July 1997 Shankar Dayal Sharma
Narayanan
10 Krishan Kant 21 August 1997 27 July 2002 Kocheril Raman
Narayanan
11 Bhairon Singh 19 August 2002 21 July 2007 A.
Shekhawat P. J. Abdul Kalam
12 Mohammad Hamid 11 August 2007 7 August 2012 Pratibha
Ansari Patil
13 Mohammad Hamid re-elected on 7 Till date Pranab Mukuerjee
Ansari August 2012

Dr. S. Radhakrishnan (1952-1962): Dr. S. Radhakrishnan Indian Scholar, Philosopher, Writer

and statesman, was born in 1888. He elected as the First Vice President in 1952 and later the
President. He taught at Oxford University for 16years. He was Chairman of UNESCO. 'The
Hindu view of Life' and 'The India Philosophy' are his books. He was awarded with 'Bharat
Ratna' in 1954. He Died in 1975.

Dr. Sarvepalli Radhakrishnan was a great person who later became the first Vice President of the
India as well as second President of the India. He was also a good teacher, philosopher and
author. His birthday is celebrated every year in India on 5 th of September as the Teachers Day by
the students. He was born on 5th of September in 1888 at Tirutani, Madras in a very poor
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Brahmin family. Because of the poor economic status of his family he studied with the support of
scholarships. He got his early education from Gowdie School, Tiruvallur, Lutheran Mission
School, Tirupati, Voorhees College, Vellore and then Madras Christian College. He was very
interested in the Philosophy and completed his B.A. and M.A. degrees in Philosophy.

At the Madras Presidency College, he was assigned as an assistant lectureship in 1909 after
completing the MA degree. He had mastered the classics of Hindu philosophy such as
Upanishads, Brahmasutra, Bhagvad Gita, commentaries of Sankara, Madhava, Ramunuja, etc.
He was also well familiar with the Buddhist and Jain philosophy as well as philosophies of
Western thinkers. He became a Professor of Philosophy at University of Mysore in 1918 and
soon nominated for Professor of Philosophy at Calcutta University in 1921. In order to deliver
lectures on the Hindu philosophy, he was called later to the Oxford University. Through his many
hard efforts, he became able to put the Indian Philosophy on the world map.

Later in 1931, he got selected as the Vice Chancellor of Andhra University and Vice Chancellor
of Banaras Hindu University in 1939. He also appointed as ambassador to UNESCO in 1946 and
ambassador to Soviet Union in 1949. Later he became first Vice-President of the India in 1952
and awarded Bharat Ratna in 1954. After serving the country for two terms as the Vice-President
of India, he became President of India in 1962 and retired in 1967. After serving the country
through his great works, he died on 17th of April in 1975.

He also won Templeton Prize in 1975 (but he donated the Templeton Prize to Oxford
University), Peace Prize of the German Book Trade in 1961, etc. In order to pay him honour
forever, university started Radhakrishnan Scholarships in 1989 which was later renamed as
Radhakrishnan Chevening Scholarships.

CHAPTER 1: INTRODUCTION

Article 63 of the Constitution of India provides for a Vice-President: "There shall be a Vice-
President of India".1 While the Indian Vice-President could be elected for any number of terms,

1 Art.63 of Indian Constitution

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the Constitution requires that the Vice-President must be a citizen of India. The qualifications for
Vice-President are the same as those for President.

The Vice-President of India is ex-officio Chairman of the Rajya Sabha. He is elected by the
electoral College consisting of the members of both Houses of Parliament i.e. Lok Sabha and
Rajya Sabha. As the presiding officer of Rajya Sabha his functions and powers are the same as
those of the Speaker. He is, however, not a member of the House.2

The Vice-President acts as President in the event of the death, resignation, or removal of the
President, until a new President is chosen by the electoral college. The Vice-President may also
act temporarily as President during the absence or illness of the President.

The Vice-President is elected for a term of five years whenever the office becomes vacant, by an
electoral college consisting of all the Members of both Houses of Parliament. He can be re-
elected.

However, the term of the Vice- President can be cut short if he resigns or by a resolution of the
Rajya Sabha passed by a majority of all the then members of the Rajya Sabha and agreed to by
the Lok Sabha.

The Vice-President is the second highest dignitary of India, next to the President of India. No
formal functions are attached to the office of Vice- President. He is the ex-officio Chairman of
Rajya Sabha. Since he is not a member of Rajya Sabha, he has no right to vote. Being the Vice-
President of India, he is not entitled to any salary, but is entitled to the salary and allowances
payable to the Chairman of the Rajya Sabha. 3 All bills, resolution, motion can be taken in Rajya
Sabha after his consent.4

2 M Laxmikanth. "4". Indian Polity (4th ed.). McGraw Hill Education. p. 454

3 http://www.lawctopus.com/academike/preamble-constitution-india/, Accessed on
23/04/2016

4 http://164.100.47.5/Chairman-Rajyasabha/VPElection.htm, Accessed on
23/04/2016
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The present Vice-President of India is Hamid Ansari, who was first elected on 11th August, 2007
and then re-elected in August, 2012. He is the next person after Dr. S. Radhakrisnan to be re-
elected for a second consecutive term. He is chancellor of Punjab University and president of
Indian Institute of Public Administration, New Delhi. He also served as vice chancellor of
Aligarh Muslim University for two years starting from the year 2000. He is a scholar of repute
and from the year 2006 to 2007 was the chairman of National Commission for Minorities.

He has served the country in diverse capacities. In 1961, he joined the IFS (Indian Foreign
Service) and served the mission in the cities of Brussels, Rabat, Jeddah and Baghdad. He was
chief of protocol of the Indian government. He served as ambassador to various countries such as
United Arab Emirates, Afghanistan, Iran and Saudi Arabia. He was Indian high commissioner in
Australia and permanent representative of the country in the UN (United Nations). He was a
visiting professor to the JNU (Jawahar Lal Nehru University) and Jamia Millia University. He is
a fellow of Observer Research Foundation. He also used to be a member of the National Security
Advisory Board. He has served as chairman in advisory committee for oil diplomacy, working
group on confidence building measures and national commission for minorities.

After president, Vice-President is the 2nd highest officer in India as per the constitution. In
'Article 63' of the constitution, there is a provision which cleary says that the country should have
a Vice President. In various cases if the president is not availabe with some reasons like absence,
death, impeachment, resign or any other condition, the vice president acts as the president of
India. The Vice-President is also the ex-officio chairman of Rajya sabha.

The mode of election for Vice-President of the country is stated in article 66 of the Indian
constitution. Vice-President is not elected directly but indirectly. The members electing the vice
president belong to an electoral college (EC) and come from the upper and lower house of the
parliament by who are represented proportionally. Voting is done by secret ballot mode of vote
with single transferable. In vote with single transferable, the voter has got only one vote.5

CHAPTER 2: ELECTION OF THE VICE-PRESIDENT

5 http://india-administrations.com/vice-president.html, Accessed on 23/04/2016

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1. The Vice-President is elected by an electoral college consisting of members of both Houses of

Parliament6, in accordance with the system of proportional representation by means of the single
transferable vote and the voting in such election is by secret ballot. The Electoral College to elect
a person to the office of the Vice-President consists of all members of both Houses of
Parliament7

2. The Vice-President is not a member of either House of Parliament or of a House of a

Legislature of any state. If a member of either House of Parliament or of a House of a
Legislature of any state is elected as Vice-President, he is deemed to have vacated his seat in that
House on the date he/she enters his office as Vice-President.8

3. A person cannot be elected as Vice-President unless he

a. is a citizen of India;

b. has completed the age of 35 years, and

c. is qualified for election as a member of the Council of States (Rajya Sabha).

A person is not also eligible if he holds any office of profit under the Government of India or a
State Government or any subordinate local authority.

4. An election to fill a vacancy caused by the expiry of the term of office of Vice-President is
completed before the expiry of the term. In case a vacancy arises by reasons of death, resignation
or removal or otherwise, the election to fill that vacancy is held as soon as possible after the
occurrence9. The person so elected is entitled to hold office for a full term of 5 years from the
date he enters office.

6 Art.66 of The Constitution of India,1950

7 "UPA-Left names Ansari for Vice President". The Hindu. PTI. 21 July 2007,
Accessed on 22/04/2016

8 http://vicepresidentofindia.nic.in/const.asp, Accessed on 23/04/2016

9 http://www.indiankanoon.org/doc/597714/, Accessed on 23/04/2016

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SUPERINTENDENCE OF THE ELECTION OF THE VICE-

PRESIDENT:

The Election Commission of India conducts the election to the office of the Vice-President.
Important Provisions relating to the Election of the Vice-President:

1. The election of the next Vice-President is to be held within 60 days of the expiry of the term of
office of the outgoing Vice-President.

2. The Returning Officer usually appointed to conduct the Vice-Presidential elections is the
Secretary-General of either House of the Parliament, by rotation. The Returning Officer issues a
public notice of the intended election in a prescribed form, inviting nomination of candidates and
specifies the place where the nomination papers are to be delivered.10

Any person qualified to be elected and intending to stand for election as Vice-President is
required to be nominated by at least 20 MPs as proposers and at least 20 MPs as seconders.

Nomination papers are to be presented to the Returning Officer at the place and upto the time and
date, specified in the public notice. A maximum of 4 nomination papers by, or on behalf of, any
candidate may be presented to, or accepted by, the Returning Officer.

3. A candidate seeking election as Vice-President is required to make a security deposit of

Rs.15,000/-. This is the only amount that is required to be deposited by a candidate irrespective
of the number of nomination papers filed on his behalf.

4. The nomination papers are scrutinised on the specified date by the Returning Officer in the
presence of the candidate and his proposer or seconder and any one other person duly authorised.

10 http://presentministers.blogspot.in/2013/01/presidents-and-vice-presidents-of-
india.html, Accessed on 24/04/2016
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5. Any candidate may withdraw his candidature by a notice in writing in a prescribed form
delivered to the Returning Officer within the time specified.

6. In the election an elector has as many preferences as there are candidates. In casting his vote,
an elector is required to record on his ballot paper the figure 1 at the space opposite the name of
the candidate whom he chooses as his first preference and may, in addition, record as many
subsequent preferences as he/she wishes by recording on his ballot paper the figures 2,3,4, and so
on, in the space opposite the names of other candidates. The votes should be recorded in the
international form of Indian numerals or in the Roman form or in the form of any Indian
language but should not be indicated in words.11

Every ballot paper represents one vote at each count. The procedure for counting votes consists
of the following steps:12

a. The number of first preference votes secured by each candidate is ascertained.

b. The numbers so ascertained are added up - the total is divided by two and one is added to the
quotient disregarding any remainder. The resulting number is the quota sufficient for a candidate
to secure his return at the election.

c. If at the end of the first or any subsequent count, the total number of votes credited to any
candidate is equal to, or greater than the quota, that candidate is declared elected.

d. If at the end of any count, no candidate can be declared elected, then;

(a) The candidate who up to the stage has been credited with the lowest number of votes shall be
excluded from the poll, and all his ballot papers will be again scrutinised, one by one, with

11 Narender Kumar (2012), Constitutional Law of India, Allahabad Law Agency, Faridabad, P-
278

12 Aparajita Barauh (2007), Preamble of the Constitution of India, Deep and Deep
Publications Pvt. Limited, New Delhi, P-3.
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reference to the second preference marked, if any, on them. These ballot papers will be
transferred to the respective remaining candidates for whom such second preferences have been
marked thereon, and the value of votes of those ballot papers credited to such candidates. These
ballot papers shall be transferred to the aforesaid continuing candidate. The ballot papers on
which the second preference is not marked shall be treated as exhausted ballot papers and shall
not be counted further, even if they contain third or any subsequent preference. 13
If at the end of this count, some candidate reaches the quota, he shall be declared elected.

(b) If at the end of the second count also, no candidate can be declared elected, the counting will
proceed still further by exclusion of the candidate who is now lowest on the poll upto this stage.
All his ballot papers, including the ballot papers which he might have received during the second
count, will again be scrutinised with reference to the 'next available preference' marked on each
of them. If on a ballot paper received by him in the first count, the second preference is marked
for any of the continuing candidates, it shall be transferred to that candidate. If on any such ballot
paper, the second preference is marked for the candidate who has already been excluded in the
second round, such ballot paper shall be transferred with reference to the third preference, if any,
for a continuing candidate. Similarly, the ballot papers received by him in the second round by
way of transfer will also be scrutinised with reference to the third preference marked on them.

This process of exclusion of candidates lowest on the poll will be repeated till one of the
continuing candidates reaches the quota.14

13 Ibid

14 www.grkarelawlibrary.yolasite.com/resources/, Accessed on 24/04/2016

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7. After the election has been held and the votes have been counted, the Returning Officer
declares the result of the election. Thereafter, he reports the result to the Central
Government (Ministry of Law & Justice) and the Election Commission of India and the
Central Government publishes the name of the person elected as Vice-President, in the
Official Gazette.

DISPUTES REGARDING ELECTION OF THE VICE-PRESIDENT:

Article71. Matters relating to, or connected with, the election of a President or Vice-President.

a. All doubts and disputes arising out of or in connection with the election of a
President or Vice-President shall be inquired into and decided by the Supreme Court
whose decision shall be final.

b. If the election of a person as President or Vice-President is declared void by the

Supreme Court, acts done by him in the exercise and performance of the powers and
duties of the office of President or Vice-President, as the case may be, on or before the
date of the decision of the Supreme Court shall not be invalidated by reason of that
declaration.

c. Subject to the provisions of this Constitution, Parliament may by law regulate any
matter relating to or connected with the election of a President or Vice-President.

d. The election of a person as President or Vice-President shall not be called in

question on the ground of the existence of any vacancy for whatever reason among the
members of the electoral college electing him.
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e. All doubts and disputes arising in connection with the election of the Vice-
President are enquired into and decided by the Supreme Court of India whose decision
is final.15

f. A petition challenging the election of the Vice-President is heard by a five-judge

bench of the Supreme Court of India.

g. The petition has necessarily to be accompanied by a security deposit of Rs.

20,000/-.

CHAPTER 3: POWERS AND FUNCTIONS OF THE VICE-

PRESIDENT OF INDIA?

Constitution confers upon the Vice- President the following functions and duties:
(i) Article 64 The normal function of the Vice- President is to act as the Ex-officio
Chairman of the Rajya Sabha. As Chairman of the Rajya Sabha, he regulates debates and
proceedings of the House and decides the order of speeches. He decides the admissibility
of a resolution or of questions. He may suspend or adjourn the business of the House in
case of grave disorder. He issues directions to the Chairpersons of various Committees in
all matters relating to their working.16

As the Presiding Officer, the Chairman of the Rajya Sabha is the unchallenged guardian
of the prestige and dignity of the House.

He is also the principal spokesman of the House and represents the collective voice to the
outside world.

15 Art.71 of The Constitution of India,1950

16 The Constitution of India, 1950

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He ensures that the proceedings of the House are conducted in accordance with the
relevant constitutional provisions, rules, practices and conventions and that decorum is
maintained in the House.

He is the custodian and guardian of the rights and privileges of the House and its
members.

As Chairman of the Upper house, he is not bound to give reasons for his decisions.

His rulings cannot be questioned or criticized and to protest against the ruling of the
Chairman is a contempt of the House.

(ii) Article 65: The Vice-President will take over the office of the President normally under these
situations:17
(a) death of the President
(b) resignation of the President,
(c) removal of the President, and
(d) when President, owing to absence, illness or any other cause, is unable to discharge his
functions.
Note: In the event of the President's death, resignation or removal, the Vice- President acts as
President until a new President is elected and enters upon his office.

OTHER FUNCTIONS INCLUDE:

He represents the country on goodwill and friendship missions to other countries or

represents the country abroad on occasions of national importance in those countries.
He is also consulted on formulation and implementation of Union policies. Though he
is not connected with the day-to-day affairs of the Union, he is posted with the decisions

17 ibid
 16

of the Cabinet so that he has with him a complete picture of the affairs of the Union
Government.
By convention he is also the Chancellor of some universities and in that capacity he is
closely associated with many eminent institutions of higher learning.18
The Vice-President has a small Secretariat called the Vice-President`s Secretariat to assist
him in the discharge of his duties and functions. The Secretariat is headed by a Secretary
who is a senior civil servant.19

CHAPTER 4: TERMS OF OFFICE OF VICE-PRESIDENT

Article 67. Terms of office of Vice-President. The Vice-President shall hold office for a term
of five years from the date on which he enters upon his office:20

Provided that-

(a) A Vice-President may, by writing under his hand addressed to the President, resign his office;

(b) A Vice-President may be removed from his office by a resolution of the Council of States
passed by a majority of all the then members of the Council and agreed to by the House of the
People; but no resolution for the purpose of this clause shall be moved unless at least fourteen
days' notice has been given of the intention to move the resolution;

(c) A Vice-President shall, notwithstanding the expiration of his term, continue to hold office
until his successor enters upon his office."

18 Constitutional Law of India, by Dr. J.N. Pandey, 52nd Edition, Central Law Agency
Publication, p.443

19 Our Constitution An introduction to India s Constitution, by Subhash C Kashyap,

Publication Year : 2014, Edition: Fifth reprint, p.334

20 The Constitution of India,1950

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Article 67 is the original Article after the final draft Constitution of India. It has not yet been
amended till date. This Article says that the normal tenure of the office of Vice-President of India
is 5 years. But this office can be terminated before completion of such normal tenure either by
resignation or removal or by impeachment of him by Rajya Sabha. The Vice-President is
constitutionally entitled to resign by signing under his own hand and seal addressed to the
President of India. But for his removal any formal impeachment is not needed as in case of
President and Chief Justice of India. A resolution for removal of Vice-President can be passed by
a majority of total members of Rajya Sabha (Council of States) and most importantly, the same
resolution should have to be agreed upon by Lok Sabha.

A Vice-President may be removed from his office by a resolution of the Council of States passed
by a majority of all the then members of the Council and agreed to by the House of the People;
but no resolution for the purpose of this clause shall be moved unless at least fourteen days
notice has been given of the intention to move the resolution.

Lets see what is the importance of the word then here. Suppose the present strength of Rajya
Sabha is 245 seats. And if 45 seats are vacant, then the strength of the house gets reduced to 200.
So a majority of all the then members of the Council means that removal of Vice-President
needs the approval of 101 Rajay Sabha MPs.21

As shown above, this majority is not Absolute Majority (Total Strength of the House), but
Effective Majority (Total Strength of the House Vacancies). Whether the phrase a majority of
all the then members of the Council can be interpreted as Simple Majority (Majority among
those who are present and voting) is a matter of debate. But anyways, the removal does not need
absolute majority or special majority. It can be said that resolution for removal of Vice-President
requires an effective majority in Rajya Sabha and a simple majority in Loksabha.

21 http://www.elections.in/government/vice-president.html
 18

NB: Presidents impeachment resolution requires special majority (2/3rd of total strength of the
house) at both houses to get it passed.22

Clause (c) of the Article is clear that any Vice-President of India shall continue his office until
another Vice-President takes into the office, either when he is impeached, removed or resigned or
he completes his tenure of 5 years.

From another constitutional point of view it is dramatical to say that there is no provision in the
Constitution for re-election of Vice-President but Vice-President of India, Dr. Radhakrishnan had
been re-elected for his second tenure in the year 1957 held office from May 13, 1952 to May 12,
1962 during the Presidentship of Dr. Rajendra Prasad. And same is the case with our acting Vice
president, i.e- Shri M. Hamid Ansari

Article-68: (Time for holding Election to fill the vacancy in the office of Vice-President and
term of office of person elected to fill causal vacancy):23

a. An election to fill a vacancy caused by the expiration of the term of office of

Vice-President shall be completed before the expiration of the term.

b. An election to fill a vacancy in the office of Vice-President occurring by reason of

his death, resignation or removal, or otherwise shall be held as soon as possible after the
occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the
provisions of article 67, be entitled to hold office for the full term of five years from the
date on which he enters upon his office.

22 http://lawyersupdate.co.in/LU/4/129.asp

23 The Constitution of India, 1950

 19

There are following cases in which Vice-President Office may vacant:

a. On expiry of his tenure.

b. By his resignation
c. On his removal.
d. By his/her death.
e. He becomes disqualified to hold office or when his election is declared void.

How Vacancy Creates:

Only three cases need to be discuss, i.e. resignation, removal, disqualification.

a. Resignation: Vice-President may resign from his office at any time by

addressing the resignation letter to the President.

b. Removal from office: Vice-President can also be removed from the office before
completion of his tenure. There is no such requirement of Impeachment as in case of
removal of President from his office. He can be removed by a resolution of the Rajya
Sabha passed by an absolute majority (i.e., a majority of the total members of the
House) and agreed to by the Lok Sabha. But, no such resolution can be moved unless
at least 14 days advance notice has been given. Notably, no ground has been mentioned
in the Constitution for his removal.

c. Disqualification or Declared Void: All doubts and disputes in connection with

election of the Vice-President are inquired into a decided by the Supreme Court whose
decision is final. The election of a person as Vice-President cannot be challenged on the
ground that the electoral college was incomplete (i.e., existence of any vacancy among
 20

the members of electoral college). If the election of a person as Vice-President is

declared void by the Supreme Court, acts done by him before the ate of such declaration
of the Supreme Court are not invalidated (i.e., they continue to remain in force).

In case of vacancy, who hold the Office of Vice-President:

a. On Expiry of his tenure: When the vacancy is created by the expiration of the
tenure of sitting Vice-President, an election to fill the vacancy must be held before the
expiration of the term.

b. Vacancy creation due to resignation, removal, death, disqualification: In these

cases, the election to fill the vacancy should be held as soon as possible after the
occurrence of the vacancy. Here Scenario is totally different from vacancy in office of
President due to resignation, removal, death, disqualification. In this case there is no
subordinate position like President office which works in his absence.
It is concluded from above vacancy in Office Of Vice-President that Election to be held as soon
as possible, In first case, election before the expiry of tenure of sitting Vice-President and in
another case, election just after the vacancy created in Vice-President Office.24

On 29 th December, 1948 the Constituent Assembly of India met in the Constitutional Hall, New
Delhi with Dr. H.C. Mookherjee in the Chair to accept an amendment in respect to tenure of
Vice-President in the line of President of India. But Dr. Ambedkar could not accept such
amendment. The Constituent Assembly Debate Vol. VII, viz:

"I regret that I cannot accept any of the amendments which have been moved, to this Article...
The difference which has been made in the Draft Constitution between the system of election to
the Presidentship and the system of election for the Vice-Presidentship is based upon the
functions which the two dignitaries are supposed to discharge. The President is the Head of the

24 Indian Constitutional Law Paperback, by M P Jain, Publication Year : 2014, Edition:

Seventh, p.562
 21

State and his powers extend both to the administration by the Centre as well as of the States.
Consequently, it is necessary that in his election, not only Members of Parliament should play
their part, but the Members of the State Legislatures should also have a voice. But when we
come to the Vice-President, his normal functions are merely to preside over the Council of
States. It is only on a rare occasion, and that too for a temporary period, that he may be called
upon to assume the duties of a President. That being so, it does not seem necessary that the
Members of the State Legislatures should also be invited to take part in the election of the Vice-
President. That is the justification why the Draft Constitution has made a distinction in the modes
of election of these two dignitaries."25

It is an inherent fact that though the provisions under Article 67 are imitated from the provisions
under US Constitution, it had gone through many debates, opinions, suggestions and
amendments in the draft stage of Constitution of India and that is why such Article has not yet
been amended.

CHAPTER 5: COMPARISON WITH VICE PPRESIDENT

OF U.S.A

The constitution provides for a Vice-President whose role in the Government, like that of his
prototype in U.S.A. is comparatively unimportant and devoid of significance. The American
Vice-President has earned the title of His Highness the Superfluous despite the fact that he
holds the reins of Government in the country if the President dies in the harness. He possesses
the powers of the President during the rest of the tenure of the President.

Under the Indian Constitution in case the post of the President falls vacant on account of death,
ailment or incapacity, the Vice President can hold the office of the President maximum for six
months. Thus the position of the Indian Vice-President is far inferior to his counterpart in
U.S.A.26

25 http://parliamentofindia.nic.in/ls/debates/vol7p24.htm, Accessed on 25/04/2016

 22

Among all of these members, President is first citizen of India and Vice-President is Second
Citizen of India. He works in the absence (i.e. vacancy of office) of President and rest of time he
works as Chairperson of Rajya Sabha (Council of States). This Office is formed on the lines of
the American Vice President. But there is huge difference between Indian Vice-President and
American Vice-President. The American Vice-President assumed the office of President when it
falls vacant, and remains President for remaining period of President tenure. On the other hand,
Indian Vice-President post is created to maintain the political continuity in case vacancy created
in President Office. He is not given any specific political powers. In his tenure, whenever it is
required to assume the office of president, he works as acting President until the new President
assumes charge.27

During all time, he is entitled to salary of chairperson of Council of states and when he assumes
office of President, he draws salary and allowance of the President.

EMOLUMENTS AND ALLOWANCES

Salary = 1,25,000 per month. There are no additional emoluments for the office.

Although there is no particular fixed pension in the Constitution for the Vice President of
India, according to the Vice Presidents Pension Act of 1997, the pension of the Vice President is
half of the salary that he/she is entitled to, during his term of office.28

When the Vice-President discharges the functions of the President, he ceases to perform
the duties of the Chairman of the Rajya Sabha.

26 http://www.yourarticlelibrary.com/indian-constitution/the-vice-president-of-
india/49246/, Accessed on 25/04/2016

27 https://ergautamjain.wordpress.com/2013/11/17/vice-president/, Accessed on
23/04/2016

28 The Vice President's Pension Act of 1997" (PDF). Ministry of Home Affairs (India).
2008-11-09, Accessed on 25/04/2016
 23

While acting as President, he shall receive the same emoluments and allowances as
the President gets.29

CHAPTER 6: CONCLUSION

After going through various books, online materials and other data sources, the researcher has
concluded that, his hypothesis is false, i.e. Technically, speaking Vice President of India is not
the part of Parliament. Parliament constitutes of the Lok Sabha, Rajya Sabha and the President.
Even the MPs are members of Parliament not a part of it. The VP is also not a member of
Parliament unlike the Speaker of Lok Sabha who is a member of the Parliament by the virtue of
being MP.

29 http://vicepresidentofindia.nic.in/, Accessed on 24/04/2016

 24

The Vice-President of India is the second highest constitutional office in the country after the
President but he works under the guidance and supervision of formal head of the country, that is,
President.

He acts as the subordinate of the President. He serves for a five-year term, but can continue to be
in office, irrespective of the expiry of the term, until the successor assumes office

BIBLIOGRAPHY

PRIMARY SOURCE: -

STATUTE: -

THE CONSTITUTION OF INDIA, 1950.

SECONDARY SOURCE: -
 25

BOOKS: -

Narendra Kumar, Constitutional of India, Allahabad Law Agency, Faridabad, 2012.

Aparajita Barauh, The constitution of India, Deep and Deep Publications Pvt. Limited,
New Delhi, 2007
Subhash C Kashyap, Our Constitution An introduction to India s Constitution,
Publication Year : 2014, Edition: Fifth reprint
Dr. J.N. Pandey, Constitutional Law of India, 52nd Edition, Central Law Agency
Publication.

ONLINE SOURCES-

www.grkarelawlibrary.yolasite.com/resources/
http://www.importantindia.com/1990/importance-of-vice prsident-in-india/
http://www.constitution.org/cons/india/.html,
www.preservearticles.com
https://www.scribd.com
https://books.google.co.in