Powers and Functions of the Vice-President

VP powers functions in the Indian constitutional scheme are limited to two distinct roles: presiding over the Rajya Sabha as its ex officio Chairman, and stepping in to act as President when the presidency itself is vacant or the President is temporarily unable to function. The Constitution does not give the Vice-President any independent executive, legislative, or discretionary powers of his own beyond these two capacities.

Chairman of the Rajya Sabha: The Primary Function

The Vice-President's first and most visible function is presiding over the Rajya Sabha as its ex officio Chairman. In this capacity, his powers and functions are similar to those of the Speaker of the Lok Sabha — regulating the conduct of business, maintaining order, deciding on procedural matters, and generally directing the proceedings of the House. This is a continuous, day-to-day function that occupies the Vice-President for virtually his entire term, since it flows automatically from holding the office rather than from any separate election within the House.

Acting as President: The Second Function

The Vice-President's second function arises under Article 65, and it comes into play in two separate contingencies. First, if a vacancy occurs in the office of President by reason of death, resignation, removal, or otherwise, the Vice-President acts as President until a new President is elected and enters office. Second, if the sitting President is unable to discharge his functions owing to absence, illness, or any other cause, the Vice-President discharges the President's functions until the President is able to resume them. Both situations are temporary by design: the Vice-President does not permanently step into the presidency in either case, and a fresh election to fill a vacancy has to be completed within the timelines the Constitution otherwise prescribes.

Duties Suspended While Acting as President

While the Vice-President is acting as President or discharging the President's functions, he does not simultaneously perform the duties of the Chairman of the Rajya Sabha — the Deputy Chairman presides over the House in his place during this period. This makes sense: the two functions are each demanding, and the Constitution does not expect the Vice-President to carry out the duties of both offices at once. It is also consistent with the fact that, during this period, the Vice-President draws the salary and allowance attached to the President's office, not the Rajya Sabha Chairman's salary.

No Independent Discretionary Powers

Unlike the President, who retains a limited zone of situational discretion — for instance, in appointing a Prime Minister when no party has a clear majority, or in asking the Council of Ministers to reconsider its advice — the Vice-President has no comparable independent discretionary powers of his own. His authority in the Rajya Sabha is procedural, exercised on well-settled parliamentary lines similar to the Speaker's, and his authority as acting President is, by definition, the President's own constitutional authority exercised temporarily, not a distinct power vested in the Vice-President as such.

Parliament's Powers Over the Vice-President

Parliament's own powers touch the Vice-President's office at two points. Under its electoral powers and functions, Parliament elects the Vice-President — unlike the election of the President, in which the State Legislative Assemblies also participate alongside Parliament. Under its judicial powers and functions, Parliament can remove the Vice-President from office, through the resolution procedure set out for that purpose. These are powers Parliament exercises over the Vice-President, distinct from the powers the Vice-President himself exercises once in office.

UPSC Relevance

Prelims

• The Vice-President's two functions are: ex officio Chairman of the Rajya Sabha, and acting President during a vacancy or the President's temporary inability under Article 65.
• While acting as President, the Vice-President does not perform Rajya Sabha Chairman duties; the Deputy Chairman presides instead.
• Parliament (not the State Legislative Assemblies) elects the Vice-President, unlike the President's electoral college.

Mains

• Evaluate whether the Vice-President's office, confined to presiding functions and temporary stand-in duty, has any substantive independent constitutional role.
• Discuss how Article 65 balances continuity of the presidency with the temporary and non-discretionary character of the Vice-President's acting role.

FAQ

Q1. What are the two main functions of the Vice-President of India? Presiding as ex officio Chairman of the Rajya Sabha, and acting as President during a vacancy or the President's temporary inability under Article 65.

Q2. Does the Vice-President continue chairing the Rajya Sabha while acting as President? No. During that period, the Deputy Chairman of the Rajya Sabha presides over the House instead.

Q3. Does the Vice-President have independent discretionary powers like the President? No. His Rajya Sabha role is procedural, and his acting-President role is simply the President's own constitutional authority, exercised temporarily.

Q4. Who elects the Vice-President, and how does this differ from the President's election? Parliament (both Houses) elects the Vice-President; the President's electoral college additionally includes the State Legislative Assemblies.

Quick Revision

• Function 1: ex officio Chairman of the Rajya Sabha, powers similar to the Lok Sabha Speaker.
• Function 2: acts as President, or discharges the President's functions, under Article 65.
• While acting as President, Rajya Sabha duties pass to the Deputy Chairman.
• No independent discretionary powers of his own, unlike the President.
• Parliament elects the Vice-President and can remove him by resolution.

Sources

• The Constitution of India, Articles 64, 65, 67 — https://legislative.gov.in/constitution-of-india/

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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