Article 67

Article 67 of the Constitution of India defines the tenure, resignation, and removal procedures concerning the office of the Vice-President. It forms a crucial component of the constitutional provisions that ensure the stability and continuity of the Republic’s second-highest executive office. The Article establishes the term of service, conditions for holding office beyond the stipulated term, and mechanisms for resignation and removal, thereby maintaining the integrity and accountability of this constitutional position.

Tenure and Continuity of Office

The Vice-President of India holds office for a term of five years from the date on which he or she enters upon office. However, Article 67 includes a continuity clause, enabling the Vice-President to continue performing duties even after the expiry of the five-year term until a successor assumes office. This provision prevents any vacancy or interruption in the functioning of the Vice-President’s role and upholds administrative continuity at the national level.
The framers of the Constitution included this clause to ensure that the Vice-President, who also serves as the ex-officio Chairman of the Rajya Sabha, remains in position until a duly elected successor takes charge, thereby averting legislative disruption.

Resignation Procedure

Under Article 67(b), the Vice-President may resign from office at any time by submitting a written resignation to the President of India. The resignation takes effect from the date it is accepted by the President. This simple and direct mechanism allows voluntary relinquishment of office without complex formalities, reflecting the spirit of democratic accountability.

Removal from Office

Article 67(b) also provides the procedure for removal of the Vice-President. The Vice-President may be removed from office by a resolution of the Rajya Sabha passed by a majority of all its then members, which must be agreed to by the Lok Sabha. The Constitution further requires that a notice period of at least fourteen days be given before moving such a resolution.
This process distinguishes the removal of the Vice-President from that of the President. While the President’s removal (impeachment) involves a detailed procedure on grounds of violation of the Constitution, the Vice-President may be removed through a simpler legislative resolution without such grounds being specified. However, the necessity of majority approval from both Houses ensures fairness and prevents arbitrary action.

Oath or Affirmation of Office

Before assuming office, the Vice-President must take an oath or affirmation before the President of India, as prescribed in the Third Schedule of the Constitution. In this oath, the Vice-President solemnly swears to bear true faith and allegiance to the Constitution of India and to faithfully discharge the duties of the office. This symbolic and constitutional act reinforces the sanctity and constitutional responsibility associated with the position.

Powers and Functions of the Vice-President

Though Article 67 primarily concerns tenure, it is closely linked to the Vice-President’s broader constitutional responsibilities. The Vice-President’s powers and functions derive mainly from Articles 64 and 65 of the Constitution.The Vice-President:

• Serves as the ex-officio Chairman of the Rajya Sabha, presiding over its sessions, maintaining order, and ensuring adherence to parliamentary procedures.
• Possesses a casting vote in case of a tie in the Rajya Sabha.
• Acts as the President of India or discharges the President’s functions during temporary vacancies or incapacities, as laid out under Article 65.

These roles underline the dual capacity of the Vice-President as both a key parliamentary functionary and a constitutional safeguard in the absence of the President.

Distinction from the President’s Removal Process

The process for the removal of the Vice-President differs significantly from the impeachment of the President under Article 61. While the President can be removed only for a violation of the Constitution through a complex and quasi-judicial process, the Vice-President’s removal requires merely a legislative resolution passed by a majority of the total membership of the Rajya Sabha and agreed to by the Lok Sabha. This distinction arises from the differing nature of their duties — the Vice-President’s functions are primarily legislative, whereas the President exercises executive authority.

Historical Context and Significance

Since the Constitution came into effect in 1950, the office of the Vice-President has played a significant role in Indian governance. The dual responsibility of presiding over the Rajya Sabha and being available to assume presidential functions in contingencies has made the post vital to the country’s political balance.
The first Vice-President, Dr. Sarvepalli Radhakrishnan (1952–1962), set a strong precedent for the office’s dignity and intellectual stature. Successors such as Dr. Zakir Husain, Bhairon Singh Shekhawat, Hamid Ansari, and M. Venkaiah Naidu have continued this legacy, contributing to parliamentary democracy and governance stability.

Case Laws and Judicial Interpretation

Although there are no direct Supreme Court judgments specifically interpreting Article 67, judicial observations in broader constitutional contexts have reaffirmed the importance of maintaining institutional continuity and the supremacy of parliamentary procedures in such matters. The absence of litigation or controversy concerning Article 67 reflects the robustness and clarity of its provisions.

Relationship with Other Constitutional Provisions

Article 67 must be understood in conjunction with related articles that collectively define the office and role of the Vice-President:

• Article 63: Establishes the office of the Vice-President.
• Article 64: Assigns the Vice-President as the ex-officio Chairman of the Rajya Sabha.
• Article 65: Authorises the Vice-President to act as President in specific contingencies.

Together, these provisions form an interlinked framework ensuring continuity in both legislative and executive domains of governance.

Contemporary Relevance and Practice

In modern India, the Vice-President continues to be an essential constitutional figure. While the office is largely ceremonial in executive matters, it plays a pivotal role in parliamentary democracy. The Vice-President’s impartiality in the Rajya Sabha strengthens legislative debate and prevents partisan disruptions.