Article 63

Article 63 of the Indian Constitution establishes the office of the Vice-President of India, the second-highest constitutional position in the country after the President. It forms part of Chapter II (The Executive) under Part V of the Constitution, which deals with the Union Government. The Vice-President functions both as a key constitutional authority and as a vital link between the executive and legislative branches of the government.

Text of Article 63

Article 63 states:“There shall be a Vice-President of India.”
This concise yet foundational provision creates the office of the Vice-President, defining the position as an essential component of India’s executive structure.

Establishment and Position

The office of the Vice-President was created to ensure continuity in leadership and stability within the parliamentary framework. The Vice-President serves as:

1. The second-highest constitutional authority in India, subordinate only to the President.
2. The ex-officio Chairman of the Rajya Sabha (Council of States), presiding over its sessions and ensuring the orderly conduct of parliamentary proceedings.

The position combines both executive and legislative functions, making it unique in the Indian constitutional system.

Role and Functions

The Vice-President has dual responsibilities — one connected to the Parliament and another related to the executive in special circumstances.
1. As Ex-Officio Chairman of the Rajya Sabha (Article 64):

• Presides over the meetings of the Rajya Sabha.
• Maintains order and decorum in the House during debates and discussions.
• Decides on procedural matters and ensures adherence to parliamentary rules.
• Casts a deciding vote in the event of a tie.

2. As Acting President (Article 65):

• In the event of a vacancy in the office of the President due to death, resignation, removal, or otherwise, the Vice-President acts as the President until a new President is elected.
• During such a period, the Vice-President exercises all the powers and functions of the President.

This dual role highlights the constitutional balance between the legislative and executive branches, ensuring continuity in governance.

Election of the Vice-President

The Vice-President is elected by an Electoral College consisting of members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
Key Features of the Election Process:

• The election is held in accordance with the system of proportional representation by means of the single transferable vote.
• The voting is conducted by secret ballot to ensure impartiality and freedom of choice.
• The Election Commission of India supervises and conducts the election under Article 324 of the Constitution.

Unlike the President’s election, members of the State Legislative Assemblies do not participate in the election of the Vice-President, as the office is closely associated with the Union Parliament.

Term and Re-Election

• The Vice-President holds office for a term of five years from the date of entering upon office.
• The Vice-President continues to hold office until a successor assumes charge, ensuring no vacancy in the position.
• The Vice-President is eligible for re-election, and there is no constitutional limit on the number of terms one can serve.

This provision allows experienced individuals to continue contributing to parliamentary and executive governance.

Qualifications for Election

Under Article 66(3), a person must satisfy the following qualifications to be eligible for election as Vice-President:

• 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 any office of profit under the Government of India, any State government, or any local or other authority under their control.

Certain offices such as those of the President, Vice-President, Governors, or Ministers are not considered offices of profit for this purpose.

Disqualifications

A person is disqualified from being elected or continuing as Vice-President if they:

• Hold any office of profit under the Union or a State Government (except as exempted).
• Are undischarged insolvents.
• Are declared of unsound mind by a competent court.

These provisions ensure that the Vice-President remains impartial and independent from executive influence.

Removal from Office

The Vice-President can be removed by a resolution of the Rajya Sabha, passed by a majority of all its members and agreed to by the Lok Sabha.

• A 14-day notice must be given before such a resolution is moved.
• Unlike the President, the Vice-President’s removal does not require an impeachment procedure.
• The process ensures accountability while maintaining the dignity of the office.

Emoluments and Privileges

• The Vice-President does not receive a salary in the capacity of Vice-President. However, as Chairman of the Rajya Sabha, the Vice-President receives the same salary and allowances as the Speaker of the Lok Sabha, as provided under the Second Schedule.
• When acting as President, the Vice-President is entitled to the emoluments, allowances, and privileges of the President.

Notable Vice-Presidents of India

• Dr. Sarvepalli Radhakrishnan (1952–1962): The first Vice-President of India and later the second President; known for his intellectual and diplomatic contributions.
• Dr. Zakir Husain (1962–1967): Promoted education and later became President.
• Shankar Dayal Sharma (1987–1992): Served with distinction before becoming President.
• Hamid Ansari (2007–2017): The only Vice-President to serve two consecutive terms since Dr. Radhakrishnan.
• Jagdeep Dhankhar (2022–present): Represents the contemporary evolution of the office in modern India’s political landscape.

Judicial Interpretation

The Supreme Court has reinforced the constitutional role of the Vice-President and clarified election-related and procedural matters:

• Indira Gandhi v. Raj Narain (1975): Addressed the legal validity and transparency in election processes, including those of constitutional offices like the Vice-President.
• K. S. Puttaswamy v. Union of India (2017): Though primarily about privacy rights, it touched upon the broader responsibilities of constitutional offices in upholding the rule of law and constitutional morality.

Through these interpretations, the judiciary has emphasised that the Vice-President’s role, though limited in powers, is vital for maintaining the integrity and stability of parliamentary democracy.

Significance of the Office

1. Constitutional Stability: The Vice-President ensures continuity in leadership by acting as President during a vacancy.
2. Legislative Balance: As Chairman of the Rajya Sabha, the Vice-President maintains order and impartiality in parliamentary proceedings.
3. Bridge Between Executive and Legislature: The office connects the executive authority with the legislative body, promoting coordination and cooperation.
4. Guardian of Parliamentary Decorum: The Vice-President ensures the effective functioning of the Rajya Sabha and upholds the dignity of parliamentary debate.

Related Constitutional Articles

• Article 64: Describes the powers and duties of the Vice-President as the Chairman of the Rajya Sabha.
• Article 65: Provides for the Vice-President to act as President during vacancies or incapacities.
• Article 66: Specifies the election process for the Vice-President.
• Article 67: Deals with the term of office and removal procedures.

Together, these provisions form the constitutional framework that defines the powers, functions, and responsibilities of the Vice-President.

Historical and Political Context

The office of the Vice-President draws inspiration from the British parliamentary model, where the Speaker of the House of Lords presides over proceedings. However, India adapted this role to suit its federal parliamentary democracy by combining legislative and executive responsibilities in one office.
Since its inception, the Vice-President’s office has evolved into a symbol of constitutional balance, representing the harmony between the government and Parliament.

Conclusion

Article 63 of the Indian Constitution establishes the office of the Vice-President, a position that plays an essential role in India’s parliamentary democracy. The Vice-President serves as both the guardian of parliamentary procedure and the constitutional successor to the President in times of need.