Vice President of India: Powers, Functions, and Role in Rajya Sabha

The Vice President of India holds a significant constitutional position, serving as the second-highest authority in the country. The office of the Vice President is modeled on the lines of the American Vice Presidency but has distinct features that align with India’s parliamentary system. The Vice President plays a dual role—he is the ex-officio Chairman of the Rajya Sabha and acts as the President in case of the latter’s absence, resignation, removal, or death. This position holds both constitutional and functional importance, contributing to the stability and efficiency of governance.

Constitutional Provisions Related to the Vice President

The Constitution of India lays down the provisions regarding the Vice President primarily in Articles 63 to 71, which define his election, tenure, powers, and functions.

1. Article 63: It states that there shall be a Vice President of India.
   
   
2. Article 64: It mandates that the Vice President shall be the ex-officio Chairman of the Rajya Sabha.
   
   
3. Article 65: It outlines that the Vice President will act as the President in case of vacancy due to death, resignation, removal, or otherwise, until a new President is elected.
   
   
4. Article 66: It specifies the election procedure of the Vice President, stating that he is elected by members of both Houses of Parliament through a system of proportional representation by means of a single transferable vote.
   
   
5. Article 67: It prescribes the conditions for removal, which states that the Vice President can be removed by a resolution passed by the Rajya Sabha with an absolute majority and agreed to by the Lok Sabha.
   
   
6. Article 68: It provides for the election of a new Vice President before the expiry of the term of the incumbent to ensure continuity.
   
   
7. Article 69: It lays down the oath of office that the Vice President must take before assuming duties.
   
   
8. Article 70: It empowers Parliament to make provisions regarding the discharge of functions of the President if both the President and Vice President’s offices are vacant.
   
   
9. Article 71: It deals with disputes related to the election of the Vice President, which are adjudicated by the Supreme Court.

Powers and Functions of the Vice President

The Vice President’s role is mainly ceremonial, but in certain situations, he assumes a crucial position in the governance structure. His powers and functions can be categorized into two primary areas:

1. Role as the Ex-Officio Chairman of Rajya Sabha

The Vice President’s most active and significant role is that of the Chairman of the Rajya Sabha (Upper House of Parliament). Unlike the Speaker of the Lok Sabha, who is elected by its members, the Vice President automatically assumes the role of the presiding officer of the Rajya Sabha.

• Presiding Over Rajya Sabha Proceedings: As Chairman, the Vice President ensures the smooth functioning of the Rajya Sabha. He moderates debates, enforces rules of procedure, and maintains decorum in the House.
  
  
• Casting Vote in Case of Tie: The Vice President, as the Chairman of Rajya Sabha, does not vote in the House under normal circumstances. However, in the event of a tie, he has the authority to cast the deciding vote.
  
  
• Referring Bills to Committees: The Chairman has the responsibility of referring bills to different parliamentary committees for detailed scrutiny.
  
  
• Ensuring Discipline and Order: The Vice President has the authority to take disciplinary action against members who violate parliamentary rules. He can order a member to leave the House in case of disorderly conduct.
  
  
• Deciding on Matters of Rules and Procedures: The Vice President interprets the rules of procedure and ensures that they are followed in the Rajya Sabha.
  
  
• Acting as a Bridge Between Rajya Sabha and Lok Sabha: Since the Vice President is not a member of the Rajya Sabha, he acts impartially in maintaining coordination between both Houses of Parliament.

2. Role as the Acting President of India

According to Article 65, the Vice President acts as the President in the event of the President’s absence, resignation, removal, or death. His functions as the Acting President include:

• Exercising all executive, legislative, judicial, and emergency powers of the President.
  
  
• Representing India in national and international affairs.
  
  
• Taking major policy decisions if necessary.
  
  
• Holding office until a new President is elected within six months.

However, the Vice President does not automatically assume the role of President in case of impeachment. If the President is removed through impeachment, the Chief Justice of India temporarily assumes the role until a new election is held.

Comparison with the American Vice President

The office of the Vice President in India is inspired by the American system, but there are significant differences:

1. Election Process: In the USA, the Vice President is elected as a running mate of the President. In India, the Vice President is elected separately by members of both Houses of Parliament.
   
   
2. Executive Authority: The American Vice President plays a greater executive role and is often involved in governance, while the Indian Vice President primarily serves a legislative function as Chairman of the Rajya Sabha.
   
   
3. Succession: The American Vice President becomes the President in case of the latter’s demise. In India, the Vice President only acts as President temporarily until a new election is conducted.

Significance of the Vice President in Indian Democracy

Although the Vice President’s role appears largely ceremonial, it carries immense importance in governance:

• Ensuring Continuity in Governance: The Vice President acts as a standby for the President, ensuring that there is no leadership vacuum in times of crisis.
  
  
• Strengthening the Rajya Sabha: By presiding over the Rajya Sabha, the Vice President upholds the dignity and authority of the Upper House.
  
  
• Maintaining Legislative Balance: As an impartial chairman, he ensures that debates and discussions in the Rajya Sabha are conducted in a fair manner.
  
  
• Protecting Federalism: Since the Rajya Sabha represents the states in Parliament, the Vice President plays a key role in maintaining the balance between the Union and states.

Challenges and Criticisms

Despite the constitutional importance of the Vice President’s role, there are some challenges and criticisms:

• Limited Executive Authority: Unlike the American system, the Indian Vice President does not exercise any real executive power.
  
  
• Lack of Effective Decision-Making Role: The Vice President is largely dependent on the government and Parliament, which limits his independent influence.
  
  
• Political Nature of the Post: Although the Vice President is expected to be impartial, the election process makes it difficult to keep politics out of the position.

Conclusion

The Vice President of India occupies a pivotal constitutional position, serving as both the Chairman of the Rajya Sabha and the second-highest executive officer in the country. His role as the presiding officer of the Rajya Sabha ensures legislative discipline, facilitates discussion, and maintains parliamentary decorum. Additionally, his responsibility as the Acting President during emergencies ensures the smooth functioning of the government. Although his position is largely ceremonial, it plays a vital role in upholding the principles of democracy, parliamentary governance, and federalism in India.