UPSC Issue at a Glance | Office of Vice-President of India: 5 Key Questions You Must Know for Prelims and Mains

What is the issue?

On Tuesday (December 10), the Opposition submitted a notice for a motion of no confidence against Rajya Sabha Chairperson Jagdeep Dhankhar. This marks the first such action in India’s parliamentary history. Although a similar motion had been considered by the Opposition during the budget session in August, it was not followed through on that occasion.

Why is this issue relevant?

The Office of the Vice-President holds significance for the UPSC CSE as it is a key constitutional position. Previously, UPSC has asked questions related to this constitutional post, so understanding the election process, powers, functions, and removal process of this post is essential for grasping India’s political framework, and it can enhance preparation for polity-related topics in both the UPSC Prelims and Mains.

UPSC Syllabus: 

Preliminary Examination: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Mains Examination: General Studies II: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.

Question 1: What are the constitutional provisions regarding the office of the Vice-President of India?

The Vice-President’s office is a unique feature of India’s parliamentary system and has no exact parallel in other democratic countries, including the Commonwealth.

The second-highest constitutional authority after the President, the Vice-President draws his/her powers from Article 63 of the Constitution of India, which states that “there shall be a Vice-President of India.”. Article 64 goes on to confer upon the post the power to be “ex officio Chairman of the Council of States (the Rajya Sabha).” Thus, we see that Vice-President discharges the duties of both the Vice-President and Rajya Sabha chairperson.

Furthermore, as per Article 65, the Vice-President can act as the President, “in the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation, or removal,” or “until the date on which a new President…enters upon his office.” Some other constitutional provisions related to the office of Vice-President are provided in the below-given table:

Question 2: How the Vice-President of India is elected?

Article 66 of the Indian Constitution lays down the process of the election of the Vice-President. It says the Vice-President “shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote, and the voting at such election shall be by secret ballot.”

According to Article 66(3), no person shall be eligible for election as Vice-President unless he—(a) is a citizen of India; (b) has completed the age of thirty-five years; and (c) is qualified for election as a member of the Council of States”.

Additionally, “A person shall not be eligible for election as Vice-President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments,” says Article 66(4).

The nomination for the post of Vice-President requires the support of at least 20 Members of Parliament (MPs) who must propose the candidate, along with 20 other MPs to second the nomination. According to Article 66 (2), the Vice-President cannot be a member of either House of Parliament or of any state legislature.

While the President is elected by an electoral college consisting of members of both the Houses of Parliament (MPs) and the legislators of all the state Assemblies (MLAs), the Vice-President is elected only by the MPs through a system of proportional representation through a single transferable vote. The voting process is conducted via a secret ballot.

Term of office of Vice-President

According to Article 67, the Vice-President will hold office for a term of five years from “the date on which he enters upon his office.” However, according to the same provision, the Vice-President can continue to hold power “notwithstanding the expiration of his term” until his “successor enters upon his office.”

The Vice-President may leave mid-term by submitting a resignation letter to the President and can also be removed from office by a resolution in the Rajya Sabha, passed by a majority of its members at that time and agreed by the House of the People (Lok Sabha).

Question 3: What are the powers and functions of the Vice-President of India, especially as the ex-officio Chairman of the Rajya Sabha?

“Although the Constitution speaks of the Vice-President, he really is the Chairman of the Council of States (Rajya Sabha). In other words, so far as his functions are concerned, he is merely the opposite number of the Speaker of the House of People (Lok Sabha).”- B. R Ambedkar

The Vice-President is the second-highest constitutional office in India. Some of the powers and functions of the Vice-President of India, especially in the role of ex officio Chairman of the Rajya Sabha, include:

1. Presiding Officer of the Rajya Sabha: The Vice-President serves as the ex-officio chairperson of the Rajya Sabha and presides over its meetings. It is the duty of the chairperson to ensure that the proceedings of the House are conducted according to relevant constitutional provisions, rules, practices, and conventions while also maintaining decorum.

2. Authority to Interpret the Constitution and Rules: The Chairman has the authority to interpret the Constitution and rules related to the Rajya Sabha. The chairman’s rulings serve as binding precedents. These rulings cannot be questioned or criticized. Protesting against the chairman’s ruling is considered contempt of the House and the chairman.

3. Casting of Vote by the Chairman: The Rajya Sabha Chairman is allowed only a casting vote in the event of a tie. However, if there is a resolution being considered to remove the chairman from office during a sitting of the House, he must not preside over that session. Additionally, he is not permitted to vote on the resolution or on any other matter during that proceeding.

4. Authority to Adjourn the House or Suspend its Sessions: The Chairman has the authority to adjourn the House or suspend its sessions if there is a lack of quorum.

5. Power Regarding Disqualification of House Members: According to the Tenth Schedule of the Constitution, the Chairman is responsible for determining whether a member of the Rajya Sabha should be disqualified due to defection. The Chairman also establishes rules to implement the provisions outlined in that Schedule. Furthermore, if a member is unable to communicate in Hindi or English, the chairman may allow them to speak in their mother tongue.

6. Role in Parliamentary Committees: The Vice-President nominates members to various Parliamentary Committees, appoints their chairpersons, and issues directions to them. Additionally, the Vice-President appoints members of the Rajya Sabha to various bodies.

Question 4: What is the procedure for the removal of  Vice-President of India?

Since the Vice-President and Rajya Sabha chairperson must be the same individual, the process for their removal is also the same – and is laid down under Article 67.

The requirements for removing the Vice-President are provided under Article 67(b). It states that the Vice-President may be removed if a majority “all the then members of the Council (Rajya Sabha)” passes a resolution for his removal, which must then be “agreed to” by the House of the People (Lok Sabha).

Under this provision, “no resolution…shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution”. Upon the expiry of the 14-day period, Rajya Sabha will take up the resolution for discussion. The procedure outlined in Article 67(b) will then follow.

Question 5: Is there any precedence of a no-confidence resolution being moved against the Rajya Sabha Chairman?

There is no precedence of a no-confidence resolution being moved against the Rajya Sabha Chairman however the Opposition in 2020 submitted a no-confidence resolution against Rajya Sabha Deputy Chairman Harivansh. 

Notably, In the present case, it is unclear if the House will take up the resolution. This is because the Winter Session of Parliament is scheduled to conclude on December 20, which is less than 14 days away. There are no precedents to determine whether this same resolution can be considered in the next Session of the House.

In any case, given the arithmetic in Parliament, it is almost certain that the resolution will be defeated. This is largely a symbolic move of protest by the Opposition that alleges the Vice President is unfair and partisan in the way he conducts the House.

Post Read Question

Prelims

(1) Consider the following statements: (UPSC CSE 2013)

1. The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.

2. While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

(2) Consider the following statements with reference to the Vice-President of India:

1. A Vice-President may resign from his office, by writing to the President.

2. A Vice-President may be removed from his office by a resolution of the House of the People passed by a majority of all the members.

3. The resolution for removing the Vice-President of India does not require prior notice.

How many of the statements given above are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

(3) With reference to the removal of the Vice-President, consider the following statements:

1. Article 67 of the Constitution says that the Vice-President may be removed from office with a resolution passed by a majority of members in the Rajya Sabha.

2. The Lok Sabha does not have any role in the removal of the Vice-President.

3. The resolution should be moved with at least 30 days’ notice.

How many of the statements given above are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

Mains

Discuss the role of the Vice-President of India as the Chairman of the Rajya Sabha. (UPSC CSE 2022) 

(Sources: Opposition moves no-confidence motion against RS Chair, Vice-President: The post, the provisions, and the past, How the Vice President of India is elected?, Constitution of India, sansad.in)

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