Election and functions

Introduction

1. The Vice President is the second-highest constitutional office in India.
2. Acts as the ex-officio Chairman of the Rajya Sabha.
3. Plays a crucial role in the functioning of the Parliament and ensures continuity of governance.

Election of the Vice President

1. The Vice President is elected according to the provisions of Article 63 to Article 71 of the Indian Constitution.
2. Election process is conducted by the Election Commission of India.
3. The Vice President is elected by an electoral college comprising:
   • All members of the Rajya Sabha.
   • All members of the Lok Sabha.
4. The election is conducted through a system of proportional representation using a single transferable vote.
5. The candidate must secure a majority of the votes to be elected.
6. Eligibility criteria for the Vice President:
   • Must be a citizen of India.
   • Should have completed 35 years of age.
   • Must be qualified to be a member of the Rajya Sabha.
   • Should not hold any office of profit under the Government of India, a State Government, or any public authority.
7. The Vice President holds office for a term of 5 years, but can be re-elected.

Functions of the Vice President

1. Acts as the ex-officio Chairman of the Rajya Sabha and presides over its sessions.
2. Maintains order and decorum in the Rajya Sabha.
3. Decides on questions regarding disqualification of members of the Rajya Sabha under the Tenth Schedule (anti-defection law).
4. Assumes the office of the President in case of a vacancy due to:
   • Resignation of the President.
   • Death of the President.
   • Removal of the President by impeachment.
   • Temporary inability of the President to discharge duties.
5. During such a period, the Vice President exercises all the powers and functions of the President.

Removal of the Vice President

1. The Vice President can be removed from office by a resolution of the Rajya Sabha passed by an absolute majority and agreed to by the Lok Sabha.
2. A 14-day notice is required for the initiation of the resolution.

Significance of the Vice President's Role

1. Ensures the smooth functioning of the Rajya Sabha, the upper house of Parliament.
2. Provides a mechanism for continuity in governance during a vacancy in the office of the President.
3. Acts as a key figure in parliamentary democracy.

Comparison with the US Vice President

1. The Indian Vice President primarily has a ceremonial role, whereas the US Vice President has a more active executive role.
2. The Indian Vice President does not automatically succeed the President, unlike the US counterpart.

Conclusion

The Vice President of India plays an essential role in the functioning of the Parliament and serves as a constitutional safeguard during emergencies or transitions in the office of the President.