Article 63 of Indian Constitution: The Vice-President of India

Introduction

Article 63 of the Indian Constitution deals with the office of the Vice-President of India. The Vice-President holds a crucial position in the Indian political system and plays a significant role in the functioning of the country. This article outlines the qualifications, election process, term of office, powers, and functions of the Vice-President.

Qualifications

To be eligible for the office of the Vice-President, a person must:

• Be a citizen of India
• Have completed the age of 35 years
• Be qualified for election as a member of the Rajya Sabha (the Upper House of Parliament)

These qualifications ensure that the Vice-President possesses the necessary experience and knowledge to discharge the responsibilities of the office.

Election Process

The Vice-President is elected by an Electoral College consisting of members of both houses of Parliament. The members of the Rajya Sabha and the Lok Sabha (the Lower House of Parliament) participate in the election process.

The election is conducted through a secret ballot, and the voting is done by means of a single transferable vote system. This system ensures that the Vice-President is elected by a majority of the members of the Electoral College.

The Vice-President is elected for a term of five years, and there is no limit on the number of times a person can be re-elected to the office.

Term of Office

The Vice-President holds office for a term of five years, unless he or she resigns or is removed from office before the completion of the term. The Vice-President can also continue to hold office after the expiry of the term until a successor assumes office.

Unlike the President, the Vice-President does not have a fixed retirement age. However, if the Vice-President attains the age of 75 during his or her term, he or she may resign from office.

Powers and Functions

The Vice-President of India has both ceremonial and functional roles. Some of the key powers and functions of the Vice-President are as follows:

1. Chairman of the Rajya Sabha

The Vice-President is the ex-officio Chairman of the Rajya Sabha. As the Chairman, he or she presides over the sessions of the Rajya Sabha and ensures that the proceedings are conducted smoothly. The Vice-President has the power to maintain order and discipline in the house and can take disciplinary action against members who violate the rules of the house.

2. Casting Vote

In case of a tie on any matter being voted upon in the Rajya Sabha, the Vice-President has the casting vote. This means that he or she can exercise a vote to break the tie and decide the outcome of the vote.

3. Acting as President

In the event of the President's resignation, removal, death, or inability to discharge the functions of the office, the Vice-President acts as the President until a new President is elected. During this period, the Vice-President assumes all the powers and functions of the President.

4. Representation

The Vice-President represents India at official functions and ceremonies, both within the country and abroad. He or she may also be assigned specific diplomatic assignments by the President or the Prime Minister.

5. Advisory Role

The Vice-President serves as an advisor to the President and can provide guidance and suggestions on matters of national importance. He or she can also offer advice to the President on the exercise of his or her powers and functions.

6. Nomination of Members

The Vice-President has the power to nominate members to various parliamentary committees and councils. These nominations are made in consultation with the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha.

Conclusion

Article 63 of the Indian Constitution defines the role and responsibilities of the Vice-President of India. The Vice-President, through his or her powers and functions, contributes to the smooth functioning of the Indian political system. The office of the Vice-President is crucial in maintaining the balance of power and upholding the democratic principles enshrined in the Constitution.

It is important to recognize the significance of the Vice-President's role and ensure that the person holding this office possesses the necessary qualifications and capabilities to discharge the responsibilities effectively.