Vice President Articles 63 to 71: Articles Related to the Vice President of India

Vice President Articles in the Constitution

Articles 63 to 71 at a Glance

Articles 63 to 71 sit directly after the articles on the President (Articles 52 to 62). Together they settle who the Vice President is, who elects the holder, what qualifications are needed, how long the term runs, how the holder is removed, what happens when the office or the President's office falls vacant, and who settles disputes. Each article and its core rule:

Why the Constitution Has a Vice President

The office exists for two reasons that the Constitution makes explicit. First, the Vice President presides over the Rajya Sabha, so the upper House always has a presiding officer who is not chosen from its own members. Second, he is the standby for the head of State: When the President dies, resigns, is removed or is absent, the Vice President steps in until a new President takes office or the President returns.

Dr B. R. Ambedkar explained the design in the Constituent Assembly. The President is head of the State and his power extends to the Centre and the States, so members of State legislatures take part in electing him. The Vice President's normal function is to preside over the Council of States, and only on a rare occasion and for a temporary period does he assume the President's duties, so State legislators were not given a voice in his election.

The Vice President holds the second-highest office in the country and ranks next to the President in the official warrant of precedence. The office is modelled on the American Vice President. Because the Constitution assigns the holder no significant function in that capacity apart from these two roles, some scholars call him "His Superfluous Highness". The office was created to maintain the political continuity of the Indian State.

Articles 63 and 64: The Office and the Rajya Sabha Chairmanship

Article 63 and Article 64 in Plain Words

Article 63 is one line long: "There shall be a Vice-President of India." It creates the office and says nothing more; every other rule sits in the later articles.

Article 64 gives the office its working role. The Vice President is ex officio Chairman of the Council of States, which is the Rajya Sabha, and holds no other office of profit. "Ex officio" means by virtue of the office: Whoever becomes Vice President becomes Chairman automatically, with no separate election. Article 89(1) repeats the same rule in the chapter on Parliament.

A proviso to Article 64 separates the two roles during an acting term. While the Vice President acts as President or discharges the President's functions under Article 65, he does not perform the duties of the Chairman and is not entitled to the Chairman's salary and allowances under Article 97.

Salary, Allowances and Pension of the Vice President

The Constitution does not fix any emoluments for the Vice President in that capacity. He draws his regular salary as ex officio Chairman of the Rajya Sabha, and Article 97 lets Parliament fix the Chairman's salary and allowances by law. Parliament has done so through the Salaries and Allowances of Officers of Parliament Act. The Chairman's salary is charged on the Consolidated Fund of India, so it is not subject to the annual vote of Parliament.

The monthly salary was revised from Rs 1,25,000 to Rs 4,00,000 in 2018. In addition he is entitled to a free furnished residence and medical and travel facilities. A Vice President's pension is half of the salary, and the Vice-President's Pension Act, 1997 deals with it.

The proviso to Article 64 changes the arrangement during an acting term. While the Vice President acts as President, he receives the President's emoluments, allowances and privileges under Article 65(3) and does not draw the Chairman's salary.

Vice President as Chairman of the Rajya Sabha

Presiding Over the House: Articles 89, 91 and 92

Article 89 makes the Vice President Chairman of the Rajya Sabha and requires the House to choose one of its own members as Deputy Chairman, filling the post again whenever it falls vacant. The Deputy Chairman is therefore a member of the House, but the Chairman is not.

The Deputy Chairman keeps the chair working in three situations under Article 91:

• Vacancy in the Chairman’s office: The Deputy Chairman performs the Chairman’s duties, or, if that post is also vacant, a member the President appoints for the purpose.
• Vice President acting as President: The same arrangement applies, because the Vice President does not perform the Chairman’s duties during that period.
• Absence from a sitting: The Deputy Chairman presides, then a person determined by the rules of procedure, then a person the House decides.

The Chairman also nominates a panel of vice-chairmen, any one of whom may preside in the absence of both the Chairman and the Deputy Chairman.

Article 92 protects the independence of the Chair. While a resolution to remove the Vice President is under consideration, the Chairman does not preside, even though he is present, and the sitting runs as if he were absent. He may speak and take part in the proceedings but is not entitled to vote at all on the resolution or on any other matter during that time.

Casting Vote and the Chairman's Status

Article 100 sets the voting rule for both Houses. The Chairman does not vote in the first instance, but has and exercises a casting vote when the votes are equal. Because he is not a member of the House, he never votes as a member; the casting vote is the only vote he has, and its purpose is to break a deadlock.

His powers and functions in the House are similar to those of the Speaker of the Lok Sabha. He conducts the sitting, maintains order and rules on procedure.

Two powers of the Speaker do not pass to the Chairman: Presiding over a joint sitting and certifying a Money Bill.

Defection Decisions and Other Duties

Paragraph 6 of the Tenth Schedule makes the Chairman the authority who decides whether a Rajya Sabha member has become disqualified for defection. If the question concerns the Chairman himself, the House elects another member to decide. In 1992 the Supreme Court ruled in Kihoto Hollohan v. Zachillhu that the Chairman's or Speaker's decision is subject to judicial review, and struck down the paragraph that barred the courts.

Other duties follow from the office:

• Resignation of members: A member resigns by writing to the Chairman, who may refuse to accept the resignation if he is satisfied that it is not voluntary or genuine.
• Committees: The Chairman is ex officio chairman of the General Purposes Committee of the Rajya Sabha, which advises on matters concerning the affairs of the House that no other committee covers.
• Parliamentary Forums: The Chairman of the Rajya Sabha is the President of the Parliamentary Forum on Population and Public Health, with the Lok Sabha Speaker as Co-President.

Neutrality of the Chair in Practice

The Chair works only if the presiding officer is, and is seen to be, neutral. Article 92 builds that expectation into the Constitution by removing him from the Chair while his own removal is debated. On 10 December 2024 the opposition submitted a notice to move a motion against Vice President Jagdeep Dhankhar, alleging partisanship in how he conducted the House. The notice was never tabled because the session ended within the 14-day notice period that Article 67(b) requires.

Article 65: Vice President as Acting President

Vacancy and Absence Under Article 65

Article 65 covers two different situations, and the rules for each differ.

1. Vacancy, Article 65(1): If the President’s office falls vacant by death, resignation, removal or otherwise, the Vice President acts as President until the date on which a new President, elected under the Chapter, enters upon his office.
2. Absence or illness, Article 65(2): When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice President discharges his functions until the President resumes his duties.

Under Article 65(3) the Vice President, during the period of acting, has all the powers and immunities of the President and is entitled to the emoluments, allowances and privileges that Parliament determines by law. Like the President, a person acting as President or discharging the President's functions takes the oath of office under Article 60.

A vacancy cannot last long. Article 62(2) requires an election to fill a vacancy caused by death, resignation or removal to be held as soon as possible and in no case later than six months, so the Vice President can act as President for a maximum of six months in a vacancy. If the vacancy is caused by the expiry of the term, no acting arrangement is needed: The outgoing President continues in office until the successor enters upon his office, and the election must be completed before the term expires.

The acting Vice President is not a new President. The newly elected President holds office for a full five-year term, and the Vice President goes back to the Chair of the Rajya Sabha.

Vice Presidents Who Acted as President

Both situations have occurred several times, as the six cases below show.

The 1977 case shows the rule at work: B. D. Jatti acted as President on the death of Fakhruddin Ali Ahmed until a new President was elected. Four of the six cases arose from the President's absence or illness, when the Vice President only discharged the President's functions. The other two arose from a President's death, when the Vice President acted as President until a successor was elected.

When Both Offices Are Vacant: Article 70

Article 65 does not cover the case where the offices of President and Vice President are both vacant. Article 70 lets Parliament make whatever provision it thinks fit for such a contingency. That happened in 1969. After the death of President Zakir Husain on 3 May 1969, V. V. Giri acted as President, and he then resigned to contest the presidential election. Chief Justice Mohammad Hidayatullah therefore acted as President from 20 July to 24 August 1969. Where the Vice President's office is vacant, the Chief Justice of India (or, if that office is also vacant, the seniormost Supreme Court judge available) acts as President or discharges the functions.

Article 66: Election and Qualifications of the Vice President

Electoral College and Voting Method: Who Elects the Vice President

Under Article 66(1) the Vice President is elected by an electoral college consisting of the members of both Houses of Parliament. The system is proportional representation by means of the single transferable vote, and the voting is by secret ballot. Two features distinguish this college from the President's:

• Nominated members vote: The college includes both elected and nominated members of Parliament, whereas the President’s college has only elected members (Article 54).
• No State legislators: Members of State legislative assemblies are not part of the college, so every elector is an MP.

The original text of the Constitution required members of both Houses to assemble at a joint meeting. The Eleventh Amendment of 1961 replaced this with an electoral college, so members vote without assembling in one sitting.

For the 2025 election, the college was made up of 233 elected members of the Rajya Sabha, 12 nominated members of the Rajya Sabha and 543 elected members of the Lok Sabha, a total of 788 members. Five Rajya Sabha seats and one Lok Sabha seat were vacant when the election was called, and 781 electors were eligible to vote on polling day. Because every elector is a Member of Parliament, the value of each vote is the same, namely one.

How the single transferable vote works here:

1. Preferences: Each elector marks preferences against the candidates in figures only, in international, Roman or recognised Indian-language numerals, and may mark as many preferences as there are candidates.
2. First preference: Marking it is compulsory for a ballot paper to be valid; other preferences are optional.
3. Quota: The number of votes needed is half of the valid votes cast, ignoring any remainder, plus one.
4. Elimination: If no candidate reaches the quota on first preferences, the candidate with the fewest first-preference votes is eliminated and those ballots pass to their next preference. The process repeats until someone reaches the quota.
5. Special pen: The Election Commission supplies a particular pen, and a ballot marked with any other pen is invalid.

Political parties cannot issue a whip to their MPs in this election, and showing the ballot to anyone is prohibited. The voting is secret, so there is no concept of open voting.

Qualifications and Disqualifications Under Article 66

Article 66(3) lays down three conditions. A person is eligible for election as Vice President only if he:

• Citizenship: Is a citizen of India.
• Age: Has completed the age of 35 years.
• Rajya Sabha eligibility: Is qualified for election as a member of the Council of States.

Article 66(4) disqualifies a person who holds any office of profit under the Government of India, a State government or a local or other authority under their control. The Explanation to Article 66 lets certain officeholders stand without being treated as holders of an office of profit: The President, the Vice President, the Governor of a State and a Minister of the Union or of a State.

Two further rules apply after election:

1. No legislative seat: Under Article 66(2) the Vice President cannot be a member of either House of Parliament or of a State legislature; a member who is elected vacates the seat on entering office.
2. No other office of profit: Article 64 forbids any other office of profit while he serves as Chairman.

The Vice President qualifies by a Rajya Sabha test, but the President qualifies by a Lok Sabha test under Article 58. Both need citizenship and the age of 35.

Nomination, Deposit and the Conduct of the Election

The Election Commission conducts the election under Article 324 read with the Presidential and Vice-Presidential Elections Act, 1952 and the Presidential and Vice-Presidential Elections Rules, 1974. The Returning Officer is appointed by the Commission in consultation with the Central Government. For the 2025 election the Secretary General of the Rajya Sabha held that post, assisted by two Assistant Returning Officers. Polling, if required, takes place in the Parliament House.

The steps of a vice presidential election run as follows:

1. Notification: The Commission fixes the programme under section 4 of the 1952 Act, and the Returning Officer gives public notice inviting nominations.
2. Nomination: Any person qualified under the Constitution may be nominated. A nomination paper must be subscribed by at least twenty electors as proposers and at least twenty other electors as seconders. The paper may be delivered between 11 a.m. and 3 p.m., not on a public holiday, and a candidate can file at most four nomination papers.
3. Deposit: A candidate must deposit Rs 15,000, either with the nomination paper or earlier in the Reserve Bank of India or a Government Treasury.
4. Scrutiny and withdrawal: The Returning Officer scrutinises the papers; candidates may withdraw by the last date.
5. Poll and count: Counting follows the poll, and the Returning Officer declares the result, signs the Return of Election, and reports it to the Central Government and the Commission.

No elector may subscribe more than one nomination paper at the same election.

Vice President and President Elections Compared

Articles 67 to 69: Term, Removal, Vacancy and Oath

Article 67: Term and Resignation

The term of office is five years from the date on which the Vice President enters upon his office. Three provisos follow.

• Resignation, proviso (a): The Vice President may resign by writing under his hand addressed to the President.
• Removal, proviso (b): He may be removed by a resolution of the Council of States passed by a majority of all the then members and agreed to by the House of the People.
• Continuation, proviso (c): He continues in office after the term expires until his successor enters upon his office.

He is eligible for re-election, and he may be elected for any number of terms. Sarvepalli Radhakrishnan served two terms from 1952 to 1962, and Mohammad Hamid Ansari served two terms from 2007 to 2017. When the office falls vacant before the term ends, a fresh election is held and the successor serves a full term, which is the subject of Article 68.

Removal of the Vice President: The Resolution Procedure

Removal under Article 67(b) is simpler than impeachment of the President because it needs no formal charge and no investigation.

1. Notice: At least fourteen days’ notice of the intention to move the resolution must be given.
2. Rajya Sabha resolution: The resolution is moved only in the Rajya Sabha and must be passed by a majority of all the then members of the Council, not only of those present and voting. That is an effective (absolute) majority.
3. Lok Sabha agreement: The House of the People then agrees to it.
4. Chair during debate: While the resolution is under consideration, the Chairman does not preside (Article 92), although he may speak and take part.

Four points separate this from the President's impeachment:

• Grounds: The Constitution names no ground for removing the Vice President, whereas the President can be impeached only for violation of the Constitution.
• Starting House: Only the Rajya Sabha can start the process, while a charge against the President can be preferred by either House.
• Majority: An effective majority of the Rajya Sabha is enough, while impeachment needs two-thirds of the total membership of the House.
• Investigation: Nothing is investigated by the other House; the Lok Sabha merely agrees to the resolution.

No Vice President has been removed. The only removal notice, given against Jagdeep Dhankhar on 10 December 2024, never reached the House because the session ended within the 14-day period.

Article 68: Filling a Vacancy

Article 68 distinguishes two kinds of vacancy.

• Expiry of the term, Article 68(1): The election must be completed before the term expires.
• Casual vacancy, Article 68(2): For a vacancy caused by death, resignation, removal or otherwise, the election is held as soon as possible after the vacancy occurs, and the person elected holds office for the full term of five years, subject to Article 67.

The six-month limit that Article 62 sets for a presidential vacancy has no counterpart here. During the gap the Constitution names no successor to the Vice President's own office, but the Deputy Chairman performs the Chairman's duties under Article 91.

Article 69: Oath or Affirmation

Every Vice President must make and subscribe an oath or affirmation before entering upon his office, before the President or some person appointed by him. The Vice President swears in the name of God, or solemnly affirms, to bear true faith and allegiance to the Constitution of India as by law established and to faithfully discharge the duty upon which he is about to enter.

The President's oath under Article 60 differs in three ways. It is administered by the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available. It promises to faithfully execute the office of President and to preserve, protect and defend the Constitution and the law. It also binds a person acting as President or discharging the President's functions.

Article 71: Vice Presidential Election Disputes

Article 71: Disputes Decided by the Supreme Court

Article 71 puts every dispute over a vice presidential election in one place:

• Article 71(1): All doubts and disputes about the election of a President or Vice President are inquired into and decided by the Supreme Court, whose decision is final.
• Article 71(2): If the Court declares an election void, acts the person has done in office on or before the date of the decision are not invalidated.
• Article 71(3): Parliament may by law regulate any matter relating to these elections.
• Article 71(4): An election cannot be called in question on the ground that any vacancy, for whatever reason, exists among the members of the electoral college.

Article 71 was substituted in its present form by the Forty-fourth Amendment, with effect from 20 June 1979, after an earlier substitution by the Thirty-ninth Amendment in 1975.

Parliament used Article 71(3) to pass the Presidential and Vice-Presidential Elections Act, 1952. Under it, the Supreme Court is the authority to try an election petition, which in a vice presidential election may be presented by any candidate or by ten or more electors joined together, within thirty days of the publication of the declaration of the result. Bribery and undue influence by the returned candidate, or by another person with his consent, are among the grounds on which the Court may declare an election void.

Vice Presidential Election of 2025 and the Present Office Holder

Resignation, Notification and Schedule

Jagdeep Dhankhar stepped down as Vice President on 21 July 2025, citing health concerns. The Ministry of Home Affairs notified the vacancy on 22 July 2025 (Notification S.O. 3354(E)). Article 68(2) required the election to be held as soon as possible, and this was the first early vice presidential election since 1987.

The Election Commission announced the programme on 1 August 2025 for the seventeenth vice presidential election.

• 7 August 2025: Notification calling the election.
• 21 August 2025: Last date for nominations.
• 22 August 2025: Scrutiny of nominations.
• 25 August 2025: Last date for withdrawal of candidatures.
• 9 September 2025: Poll from 10 a.m. to 5 p.m. in Room F-101, Vasudha, Parliament House, with counting the same day.

Result and Who Is Vice President Now

C. P. Radhakrishnan, the candidate of the National Democratic Alliance, defeated B. Sudershan Reddy, the candidate of the INDIA bloc. Of 781 eligible electors, 767 voted and 15 ballot papers were declared invalid. Radhakrishnan polled 452 votes and Reddy 300, a margin of 152 votes. The Returning Officer, the Secretary General of the Rajya Sabha, declared him elected on 9 September 2025. The Election Commission signed the certificate of election, which names him the fifteenth Vice President of India.

He took the oath on 12 September 2025 and is the Vice President of India and ex officio Chairman of the Rajya Sabha. Born on 4 May 1957 in Tiruppur, Tamil Nadu, he was earlier twice elected to the Lok Sabha from Coimbatore, in 1998 and 1999, and served as Governor of Maharashtra before his election.

Indian and American Vice Presidents Compared

Differences Between the Two Offices

India borrowed the idea of a vice president who presides over the upper House from the United States, but the two offices differ in succession, election and role.

The key contrast is succession. The American Vice President succeeds to the presidency and remains President for the unexpired term. The Indian Vice President merely serves as acting President until the new President assumes charge.

List of Vice Presidents of India

All Vice Presidents and Their Terms

India has had fifteen Vice Presidents. Seven of the fourteen former holders completed their terms. The other terms ended early, for reasons such as a move to the Presidency (R. Venkataraman, Shankar Dayal Sharma and K. R. Narayanan), a resignation to contest the presidential election (V. V. Giri), a death in office (Krishan Kant) or a resignation (Jagdeep Dhankhar).

Patterns in the List

Several facts from the list recur in objective questions:

• First and longest: Sarvepalli Radhakrishnan was the first Vice President and later became President; he and Hamid Ansari each served ten years, the longest of any holder.
• Six Presidents: Six of the fifteen later became President: Radhakrishnan, Zakir Husain, V. V. Giri, R. Venkataraman, Shankar Dayal Sharma and K. R. Narayanan. B. D. Jatti and Mohammad Hidayatullah acted as President but were not elected to the office.
• Death in office: Krishan Kant is the only Vice President to have died in office.
• Re-election: Radhakrishnan and Hamid Ansari each served two successive terms.
• Born after Independence: Venkaiah Naidu was the first Vice President born after Independence.
• Resignation: Jagdeep Dhankhar resigned on 21 July 2025.

Sources and Further Reading

• Legislative Department: The Constitution of India
• Press Information Bureau: Election Commission press note on the 17th Vice-Presidential Election (1 August 2025)
• Press Information Bureau: Election Commission release on the result (10 September 2025)
• Press Information Bureau: Election Commission schedule release (August 2025)
• Vice President of India: Former Vice Presidents
• Vice President of India: Profile of Shri C. P. Radhakrishnan
• The Presidential and Vice-Presidential Elections Act, 1952
• NCERT: Indian Constitution at Work (Class XI), Executive
• Wikipedia: Vice President of India
• Wikipedia: List of vice presidents of India
• Wikipedia: 2025 Indian vice presidential election
• Wikipedia: Jagdeep Dhankhar
• Wikipedia: C. P. Radhakrishnan
• Wikipedia: Mohammad Hidayatullah
• Wikipedia: Zakir Husain
• Wikipedia: B. D. Jatti
• Wikipedia: Tenth Schedule to the Constitution of India
• Wikipedia: Vice President of the United States
• Wikipedia: Rajya Sabha
• UPSC: Civil Services Examination question papers