The Constitution provides for a Vice-President
whose role in the Government is comparatively
insignificant. Going through the provisions dealing
with his office, one can easily see a striking
similarity between the role of the Vice-President
of India and that of his counter part in the United
States. The American Vice-President is sometimes
called "His Superfluous Highness" to characterise
his comparative insignificance in the administration.
But, there is a provision in the American
Constitution which makes the Vice-President
potentially important. According to this, if the
President dies in office, or is removed from office,
the Vice-President takes over the President's office
and continues in that capacity for the full length
of the unexpired term. But, under the India
Constitution, if the President dies or resigned or
is otherwise incapacitated and, as a result, the
Presidential office become vacant, the Vice-President
will act as President only for a maximum
period of six months.
The main function of the Vice-President like
that of his American prototype is to preside overthe Council of States. He is its ex-officio Chairman.
The Vice-President takes over the office of
the President normally, under four situations:
death of the President, resignation of the President,
removal of the President from his office
through impeachment or otherwise, and finally,
when the President is unable to discharge his
functions owing to absence, illness or any other
cause,. The last of these clearly provides for any
temporary period of incapacity which makes
the President incapable of discharging his responsibilities.
During the period, when the Vice-President
is acting for the President, he will have all the
powers and immunities of the President. He
is also entitled for such salary and allowances
and privileges as may be determined by Parliament
by law for the purpose. At present,
according to the Second Schedule of the Constitution,
the Vice-President is entitle
same emoluments, allowances and privileges as
the President while he discharges the functions
of, or is acting as the President.
Removal of the Vice-President
The Vice-President can be removed from
office by a resolution of the Council of States
passed by a majority of all the then members of
the Council and agreed to by the House of the
People. But, this procedure does not seem to be
sufficient, if at the time such removal is sought,
the Vice- President is acting for the President.
If he is to be removed from office while he acts
in the latter capacity, the provisions ought to be
exactly the same as are applicable to the impeachment
of the President.
Functions of the Vice-President
The Vice-President is the highest dignitary of
India, coming next after the President. No
functions are, however, attached to the office of
the Vice-President as such. The normal function
of the Vice-President is to act as the ex-officio
Chairman of the Council of States. But if there
occurs any vacancy in the office of the President
by reason of his death, resignation, removal or
otherwise, the Vice-President shall act as President
until a new President is elected and enters
upon his office [Art. 65(1)].
The Vice-President shall discharge the function
of the President during the temporary
absence of the President, illness or any other
cause by reason of which he is unable to
discharge his functions [Art. 65(2)]. No machinery
having been prescribed by the Constitution
to determine when the President is unable to
discharge his duties owing to absence from
India or a like cause, it becomes a somewhat
delicate matter as to who should move in the
matter on any particular occasion. It is to be
noted that this provision of the Constitution has
not been put into use prior to 20th June, 1960,
though President, Dr. Rajendra Prasad had
been absent from India for a considerable period
during his foreign tour in the year 1958. It was
during the 15-days visit of Dr. Rajendra Prasad
to the Soviet Union in June 1960, that for the
first time, the Vice-President, Dr. Radhakrishnan
was given the opportunity of acting as the
President owing to the 'inability' of the President
to discharge his duties.
The second occasion took place in May,
1961, when President Rajendra Prasad became
seriously ill and incapable of discharging his
functions. After a few days of crisis, the President
himself suggested that the Vice-President
should discharge the functions of the President
until he resumed his duties. It appears that the
power to determine when the President is unable
to discharge his duties or when he should
resume his duties has been understood to belong
to the President himself. In the even of occurrence
of vacancy in the office of both the
President and the Vice - President by reason of
death, resignation, removal etc. the Chief justice
of India or in his absence the senior most judge
of the Supreme Court available shall discharge
the functions until a new President is elected. In
1969 when on the death of Dr. Zakir Hussain,
the Vice-President Shri V.V. Giri resigned; the
Chief Justice Shri Hidayatullah discharged the
functions.
When the Vice-President acts as, or discharges
the functions of the President, he shall
cease to perform the duties of the Chairman of
the council of States and then the Deputy Chairmanchairman and he (Deputy Chairman) will get the
salary of the Chairman of the Council of States.
Doubts and disputes relating to or connected
with the election of President or Vice-
President
Determination of doubts and disputes relating
to the election of a President or Vice-
President is dealt with in Art 71, as follows:
(a) Such disputes shall be decided by the Supreme
Court whose jurisdiction shall be exclusive
and final.
(b) No such dispute can be raised on the ground
of any vacancy in the Electoral College
which elected the President or Vice-President.
(c) If the election of a President or the Vice-
President is declared void by the Supreme
Court, acts done buy him prior to the date
of such decision of the Supreme Court shall
not be invalidated.
(d) Barring the decision of such disputes, other
matters relating to the election of President
or Vice-President may be regulated by law
made by Parliament.
