Beyond the Ceremony: Decoding the Constitutional Powers and Paradoxical Role of India’s Vice President 

The Vice President of India, the nation’s second-highest constitutional office, holds a unique and multifaceted role defined by Articles 63 to 73 of the Constitution. Elected by an electoral college of all Members of Parliament using a proportional representation system, the VP’s primary and most active duty is serving as the ex-officio Chairman of the Rajya Sabha, wielding significant authority over its proceedings, maintaining order, and possessing a decisive casting vote. Concurrently, the VP acts as a crucial constitutional safeguard by stepping in as Acting President during a vacancy or absence, assuming all the powers and duties of the head of state to ensure executive continuity.

The tenure is five years, and while resignation is straightforward, removal requires a specific resolution passed by the Rajya Sabha and agreed to by the Lok Sabha. Beyond these defined powers, the role has evolved to include significant diplomatic and advisory functions, making the Vice President a key statesperson whose effectiveness ultimately depends on their wisdom, impartiality, and ability to uphold the Constitution within both the parliamentary and broader governance frameworks.

Beyond the Ceremony: Decoding the Constitutional Powers and Paradoxical Role of India’s Vice President 

The oath-taking of CP Radhakrishnan as the 15th Vice President of India was a ceremony steeped in constitutional tradition. While the event captures national attention, the office itself often remains shrouded in a veil of ceremonial ambiguity. Is the Vice President merely a figurehead, a standby for the President, or does the constitution endow this office with significant, albeit nuanced, power? 

The answer lies in a careful examination of Articles 63 to 73 of the Indian Constitution. This article delves beyond the headlines to unpack the election process, the critical functions, and the unique political-diplomatic role of the second-highest constitutional office in India, offering a clear understanding of its indispensable place in the world’s largest democracy. 

The Foundation: Understanding the Office’s Constitutional Bedrock 

The post of the Vice President of India is established under Article 63 in Part V (The Union) of the Constitution. Unlike the President, whose role is extensively detailed, the Vice President’s duties are more succinctly defined, leading to a role that is often what its occupant makes of it. The tenure is five years, but crucially, the incumbent remains in office until their successor assumes charge, ensuring no constitutional vacuum. 

The Path to Office: Election and Qualifications (Article 66) 

The process of becoming Vice President is distinctly different from that of the President, reflecting the unique nature of the role. 

The Electoral College: While the President is elected by members of both Houses of Parliament and all State Legislative Assemblies, the Vice President is elected only by members of both Houses of Parliament (Lok Sabha and Rajya Sabha). This narrower electoral college signifies the VP’s primary function as an integral part of the Parliament itself, specifically the Upper House. 

The Voting System: The election employs the system of proportional representation by means of a single transferable vote (STV) and is conducted via a secret ballot. This system ensures that the winning candidate secures a broad consensus among lawmakers rather than a simple plurality. 

Constitutional Qualifications: To be eligible for the office, a candidate must: 

• Be a citizen of India. 

• Have completed 35 years of age. 

• Be qualified for election as a member of the Rajya Sabha. 

• Not hold any office of profit under the Government of India or any state or local authority. 

However, an explicit exception is made: holding the office of President, Vice President, Governor of a State, or a Union/State Minister is not deemed an office of profit for this purpose. 

The Dual Helmet: Ex-Officio Chairman of the Rajya Sabha (Article 64) 

This is the Vice President’s most active, hands-on, and powerful function. As the ex-officio Chairman of the Rajya Sabha, the VP is the presiding officer and the highest authority in the Council of States. 

The powers and responsibilities flowing from this role are substantial: 

• Conducting Proceedings: The VP regulates the proceedings, maintains order, and decides on the admissibility of questions, motions, and resolutions. 

• Interpretation of Rules: The VP is the final interpreter of the Rules of Procedure and Conduct of Business in the Rajya Sabha. Their rulings set precedents for the House’s functioning. 

• Casting Vote: Perhaps the most visible power is the casting vote in case of a tie on any matter. While the Chairman does not have a regular vote, this power can be decisive in passing or defeating legislation. 

• Disciplinary Authority: The VP can direct a member to withdraw from the House for disorderly conduct and, in cases of grave disorder, can adjourn the House or suspend its sitting. 

• Permission to Speak: No member can speak without the Chairman’s permission, giving the VP control over the debate’s flow and focus. 

The effectiveness of a Vice President is often judged by their ability to manage the often-fractions Rajya Sabha, ensuring smooth legislative business while upholding the rights of the opposition—a delicate balancing act requiring immense impartiality and tact. 

The Contingency Role: Acting President (Article 65) 

The Vice President’s other critical constitutional function is to serve as a seamless backup for the Head of State. Article 65 mandates that the VP shall act as President during: 

• A vacancy in the office of the President (due to death, resignation, impeachment, or otherwise). 

• The absence of the President from India. 

• Any inability of the President to discharge their functions due to illness or any other cause. 

During this period, the Vice President exercises all the powers and enjoys all the immunities and privileges of the President. This provision is vital for ensuring the continuity and stability of the executive branch of the Union. History has seen several Vice Presidents, including V.V. Giri, B.D. Jatti, and M. Hidayatullah, assume the role of Acting President, with the latter famously discharging these duties with great distinction. 

It is a role of immense responsibility, requiring the VP to instantly transition from a parliamentary head to a ceremonial head of state, upholding the constitution without overstepping the bounds of their temporary mandate. 

Tenure, Resignation, and the Unique Removal Process (Article 67) 

The Vice President holds office for a five-year term but can resign at any time by writing to the President, as recently demonstrated by Shri Jagdeep Dhankhar. 

The process for removal, however, is uniquely different from the impeachment of the President and underscores the VP’s connection to the Rajya Sabha. 

• A Resolution for Removal: The Vice President can be removed from office by a resolution of the Rajya Sabha. 

• Passed and Agreed To: This resolution must be passed by a majority of all the then members of the Rajya Sabha (an effective majority) and agreed to by the Lok Sabha. 

• 14-Day Notice: A critical procedural safeguard is that no such resolution can be moved unless at least 14 days’ advance notice has been given of the intention to move the resolution. 

This process is simpler than presidential impeachment (which requires a special majority in both Houses) but is still a high bar to clear, ensuring the office’s independence from frivolous attempts at removal. 

The Oath and Dispute Resolution (Articles 69 & 71) 

• Article 69: Before assuming office, the Vice President must take an oath or affirmation before the President, swearing to bear true faith and allegiance to the Constitution and to faithfully discharge the duties of the office. 

• Article 71: Any dispute arising from the election of a Vice President is investigated and settled by the Supreme Court, whose decision is final. This provision insulates the election from political challenges within Parliament and vests its sanctity in the highest judiciary. 

The Unwritten Role: Diplomat and Statesperson 

Beyond the text of the constitution, the office of the Vice President has evolved to encompass a significant diplomatic and advisory role. VPs often represent India on the global stage, undertaking state visits that foster international relations. Furthermore, as an elder statesman who has risen above the daily political fray, the Vice President can serve as a crucial counselor and a bridge between the government, the opposition, and various institutions. 

Conclusion: A Role of Immense Potential 

The office of the Vice President of India is a fascinating constitutional construct. It is a blend of limited but critical de jure powers and significant de facto influence. While the role as Chairman of the Rajya Sabha is its active component, the potential to act as President is its most crucial contingency function. 

The true power of the office lies not in a sweeping executive authority but in the moral authority, impartiality, and wisdom with which its occupant presides over the House of Elders, safeguards parliamentary democracy, and upholds the Constitution. It is a role that demands a deep understanding of law, profound political neutrality, and an unwavering commitment to democratic ideals—a role that is, in essence, the guardian of deliberation and consensus in the Indian polity.