This Article has been written by Nidash Prashar, a First Year Student at Rajiv Gandhi National University Of Law, Patiala.

Introduction:

The Vice-President of India is the second-highest constitutional office in the country, after the President of India. The Vice-President is elected by the Electoral College, which consists of the elected members of both Houses of Parliament, and holds office for a term of five years. The Vice-President acts as the ex-officio Chairman of the Rajya Sabha (Upper House of Parliament) and plays a crucial role in the functioning of the Indian political system.The Vice-President’s functions and responsibilities include the administration of oath to the President, presiding over the trial in the impeachment proceedings against the President, convening a joint sitting of both Houses of Parliament in case of a deadlock, and playing an important role in the formation of the government in the event of a hung Parliament. The Vice-President is also the Chairperson of the National Integration Council and is often invited to participate in cultural events and programs that promote India’s rich cultural heritage and foster cultural ties with other countries.The Vice-President of India is an important figure in the functioning of the country’s democratic institutions and plays a crucial role in ensuring the smooth functioning of the Parliament and other key institutions.

Here are some of the key functions of the Vice-President of India:

Acting President: In the event of the President’s absence, death, or resignation, the Vice-President steps in as the Acting President until a new President is elected.

Chairman of the Rajya Sabha: The Vice-President is also the ex-officio Chairman of the Rajya Sabha (Upper House of Parliament). As the Chairman, he/she presides over the proceedings of the Rajya Sabha and ensures that the rules and procedures of the house are followed.

Member of the Electoral College: The Vice-President is a member of the Electoral College, which elects the President of India.

Representation in International Forums: The Vice-President represents India in international forums and participates in events that showcase India’s political and cultural heritage.

Role in the Appointment of Key Officials: The Vice-President plays an important role in the appointment of key officials in the country, including the Chief Election Commissioner and the Comptroller and Auditor General of India.

Powers to Address the Parliament: The Vice-President also has the power to address the Parliament and bring important issues to the attention of the country’s lawmakers.

Power to Administer Oath: The Vice-President has the power to administer oath to the President of India, as stated in Article 60 of the Indian Constitution.

Role in Disciplinary Proceedings: The Vice-President also has the power to initiate proceedings against the Chairman or Deputy Chairman of the Rajya Sabha for misbehavior, as per Article 107(2) of the Indian Constitution.

Role in Presidential Impeachment: The Vice-President has a crucial role to play in the impeachment proceedings against the President of India. He/she presides over the trial in the Rajya Sabha and casts the deciding vote in case of a tie, as per Article 61 of the Indian Constitution.

Power to Convene Joint Sitting of Parliament: The Vice-President has the power to convene a joint sitting of both Houses of Parliament in case of a deadlock between them, as per Article 108 of the Indian Constitution.

Right to Speak and Vote: As the ex-officio Chairman of the Rajya Sabha, the Vice-President also has the right to speak and vote in the House, as per Article 89 of the Indian Constitution.

Role in the Formation of Government: In the event of a hung Parliament, the Vice-President plays a crucial role in the formation of the government. He/she acts as an arbitrator and gives a fair judgment to the political party or coalition that has the support of the majority of the members of the Lok Sabha (Lower House of Parliament).

Chairperson of National Integration Council: The Vice-President is also the Chairperson of the National Integration Council, a forum consisting of political leaders and experts that work towards promoting national integration and communal harmony in the country.

Role in the Promotion of Cultural Ties: The Vice-President is often invited to participate in cultural events and programs that promote India’s rich cultural heritage and foster cultural ties with other countries.

Patron of Charitable Organizations: The Vice-President is also the patron of several charitable organizations and social service groups, which work towards the welfare of the underprivileged sections of society.

Advocate for Environmental Conservation: The Vice-President also takes an active interest in environmental conservation and advocates for the protection of the country’s natural resources and wildlife.

APPOINTMENT OF THE VICE-PRESIDENT:

The appointment and election procedure of the Vice-President of India is as follows:

1.Nomination: A candidate for the office of the Vice-President must be nominated by at least 20 members of the Electoral College, which consists of the elected members of both Houses of Parliament.

2.Election: The Vice-President is elected through a secret ballot, which is conducted by the Electoral College. The candidate who receives a majority of the valid votes cast is declared elected as the Vice-President.

3.Term of Office: The Vice-President holds office for a term of five years and is eligible for re-election.

4.Oath of Office: The Vice-President takes an oath of office before the President of India or a person authorized by the President.

5.Vacancy: In case of a vacancy in the office of the Vice-President due to death, resignation, or removal, a new Vice-President is elected within six months of the vacancy.

This election procedure ensures that the Vice-President is elected by the elected representatives of the people and is accountable to the Parliament. The five-year term of office and the eligibility for re-election ensure stability and continuity in the functioning of the office of the Vice-President.

REMOVAL OF THE VICE-PRESIDENT:

The Vice-President of India can be removed from office by a process of impeachment, which is similar to the process for the removal of the President of India. The procedure for the removal of the Vice-President is as follows:

1.Motion for Impeachment: A motion for impeachment against the Vice-President can be initiated in either House of Parliament by giving a notice of not less than one-fourteenth of the total number of members of the House.

2.Investigation: Upon receipt of the notice, the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha (Lower House of Parliament) constitutes a three-member committee to investigate the charges against the Vice-President.

3.Report to the Parliament: The committee submits its report to the House, which then considers the report and passes a resolution by a two-thirds majority of the total membership of the House, supporting the charges made against the Vice-President.

4.Trial in Parliament: The resolution is then transmitted to the other House of Parliament, which also passes a similar resolution by a two-thirds majority of its total membership. Upon the passing of the resolutions in both Houses of Parliament, the Vice-President is deemed to have been impeached and a trial is held in the Rajya Sabha, presided over by the Chairman of the Rajya Sabha.

5.Removal from Office: If the Vice-President is found guilty by a majority of not less than two-thirds of the members present and voting in the Rajya Sabha, he/she is removed from office.

This procedure ensures that the Vice-President can be removed from office only if the charges against him/her are proven and there is a two-thirds majority in both Houses of Parliament supporting the impeachment. This procedure protects the independence and integrity of the office of the Vice-President and ensures that it is not misused for political purposes.

In conclusion, the Vice-President of India is a crucial constitutional office in the country, playing a vital role in the functioning of the Indian political system. With responsibilities that include presiding over the Rajya Sabha, acting as the President in case of a vacancy in the office of the President, and playing an important role in the formation of the government, the Vice-President is a key player in ensuring the smooth functioning of India’s democratic institutions. The Vice-President is elected by the Electoral College, consisting of the elected members of both Houses of Parliament, and holds office for a term of five years, ensuring stability and continuity in the functioning of the office. The Vice-President can be removed from office only through a rigorous process of impeachment, which ensures the independence and integrity of the office. Overall, the Vice-President of India is an important institution in India’s democratic setup, playing a critical role in the functioning of the country’s political system.

REFERENCES:

Vice-President of India – Elections, Qualifications, Removal – Indian Polity (byjus.com)

Powers and Functions of Vice President of India (adda247.com)

VICE PRESIDENT OF INDIA: ROLES AND DUTIES – Important 2021 (lawsuperior.com)

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