Article 63 of the Constitution of India provides for the office of the Vice-President of India. It is a short but important provision that establishes the constitutional office of the Vice-President.
- Meaning of Article 63
- Constitutional Provision
- Constitutional Status of the Vice-President
- Vice-President and President
- Article 63 and Article 64
- Vice-President as Chairman of Rajya Sabha
- Vice-President and Presidential Vacancy
- Article 63 and Article 65
- Election of Vice-President
- Vice-President’s Electoral College
- Article 63 and Article 66
- Qualifications of Vice-President
- Term of Office
- Resignation
- Removal of Vice-President
- Oath or Affirmation
- Disputes Regarding Election
- Article 63 and the Union Executive
- Article 63 and the Rajya Sabha
- Does the Vice-President Vote in Rajya Sabha?
- Vice-President Is Not a Member of Parliament
- Vice-President and President: Key Difference
- Importance of Article 63
- Article 63 at a Glance
- Article 63 and Related Constitutional Provisions
- Common Confusions
- Quick Revision
- Conclusion
The Article simply declares that “There shall be a Vice-President of India.” The detailed provisions concerning the election, term, qualifications, oath and functions of the Vice-President are contained in subsequent Articles.
Meaning of Article 63
Article 63 creates the constitutional office of the Vice-President of India.
It does not itself prescribe:
- The method of election
- Qualifications
- Term of office
- Oath or affirmation
- Powers and functions
These matters are dealt with primarily by Articles 64 to 71.
Thus, Article 63 serves as the foundational provision for the office of the Vice-President.
Constitutional Provision
Article 63 states:
“There shall be a Vice-President of India.”
The wording is similar to Article 52, which provides for the office of the President.
Therefore:
Article 52 → There shall be a President of India
Article 63 → There shall be a Vice-President of India
Constitutional Status of the Vice-President
The Vice-President is a constitutional office established directly by the Constitution.
The office is not created merely through an ordinary law of Parliament.
Its existence, therefore, has constitutional status.
The Vice-President occupies an important position in the Union constitutional structure, particularly because the Vice-President is also the ex officio Chairman of the Rajya Sabha.
Vice-President and President
The Vice-President is the second-highest constitutional office in India.
However, the Vice-President is not simply a subordinate executive authority under the President.
The Constitution assigns the Vice-President specific functions, particularly in relation to the Rajya Sabha and the office of President.
The principal constitutional functions of the Vice-President are found in Articles 64 and 65.
Article 63 and Article 64
Article 64 provides that the Vice-President shall be the ex officio Chairman of the Council of States, that is, the Rajya Sabha.
Therefore:
Article 63 → Creates the office of Vice-President
Article 64 → Establishes the Vice-President as Chairman of Rajya Sabha
The Vice-President performs an important parliamentary function in addition to the role connected with the President.
Vice-President as Chairman of Rajya Sabha
The Vice-President serves as the ex officio Chairman of the Rajya Sabha.
This means that the Vice-President becomes Chairman by virtue of holding the office of Vice-President.
The Vice-President does not have to be separately elected as Chairman of the Rajya Sabha.
The Chairman presides over the proceedings of the Rajya Sabha and performs the functions assigned by the Constitution and parliamentary rules.
Vice-President and Presidential Vacancy
Article 65 provides an additional constitutional responsibility.
The Vice-President may:
- Act as President when a vacancy occurs in the office of President; or
- Discharge the functions of the President when the President is unable to perform those functions.
Thus, the Vice-President provides an important mechanism for continuity in the office of President.
Article 63 and Article 65
These Articles should be understood together.
Article 63 → Establishes the office of Vice-President
Article 65 → Provides for the Vice-President acting as President or discharging presidential functions
The Vice-President does not automatically become the permanent President merely because the President’s office becomes vacant.
The constitutional process for electing a new President applies.
Election of Vice-President
Article 63 itself does not prescribe the election procedure.
The election is dealt with under Article 66.
The Vice-President is elected by the members of:
- Lok Sabha
- Rajya Sabha
Unlike the election of the President, the elected members of State Legislative Assemblies do not participate in the election of the Vice-President.
This distinction is important.
Vice-President’s Electoral College
The electoral college for the Vice-President consists of members of both Houses of Parliament.
This includes:
- Elected members of Lok Sabha
- Nominated members of Lok Sabha
- Elected members of Rajya Sabha
- Nominated members of Rajya Sabha
The participation of nominated members distinguishes the Vice-Presidential election from the Presidential election.
Article 63 and Article 66
Article 63 creates the office.
Article 66 deals with its election.
Therefore:
Article 63 → Existence of Vice-President
Article 66 → Election of Vice-President
Qualifications of Vice-President
Article 63 itself does not prescribe qualifications.
The qualifications are contained in Article 66.
A candidate must:
- Be a citizen of India
- Have completed 35 years of age
- Be qualified for election as a member of the Council of States
- Not hold an office of profit under the Government of India, a State Government, or a relevant local or other authority
Certain constitutional offices are excluded from the office-of-profit disqualification.
Term of Office
Article 63 does not prescribe the term of the Vice-President.
The term is provided under Article 67.
The Vice-President ordinarily holds office for five years from the date of entering upon office.
The Vice-President may also continue in office until the successor enters upon office.
Resignation
Article 63 does not deal with resignation.
Under Article 67, the Vice-President may resign by writing addressed to the President of India.
This differs from the President’s resignation under Article 56, which is addressed to the Vice-President.
Removal of Vice-President
The Vice-President is not removed through the presidential impeachment procedure under Article 61.
Article 67 provides a separate removal mechanism.
The Vice-President may be removed by a resolution of the Rajya Sabha passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha.
A minimum notice of 14 days is required for moving such a resolution.
Oath or Affirmation
The oath or affirmation of the Vice-President is provided under Article 69.
The Vice-President makes and subscribes to the oath or affirmation before the:
- President, or
- A person appointed by the President for that purpose.
The form of the oath is provided in the Third Schedule.
Disputes Regarding Election
Article 71 deals with disputes concerning the election of the President or Vice-President.
The Supreme Court has jurisdiction to decide such election disputes.
Therefore:
Article 63 → Office
Article 66 → Election
Article 67 → Term and removal
Article 69 → Oath
Article 71 → Election disputes
Article 63 and the Union Executive
The Vice-President is constitutionally recognised as a high Union office.
However, the Vice-President does not exercise the general executive power of the Union merely by virtue of being Vice-President.
Under Article 53, the executive power of the Union is vested in the President.
The Vice-President’s principal constitutional functions arise from Articles 64 and 65.
Article 63 and the Rajya Sabha
The Vice-President has a special relationship with the Rajya Sabha.
As ex officio Chairman, the Vice-President presides over the Upper House of Parliament.
However, the Vice-President is not a member of the Rajya Sabha merely by holding the office of Chairman.
This is an important constitutional distinction.
Does the Vice-President Vote in Rajya Sabha?
As Chairman of the Rajya Sabha, the Vice-President does not ordinarily vote in the House.
The Vice-President has a casting vote in the event of an equality of votes.
This function is associated with the Vice-President’s role as Chairman under Article 100 and the parliamentary rules.
Vice-President Is Not a Member of Parliament
The Vice-President is not a member of either House of Parliament.
The Vice-President presides over the Rajya Sabha in the capacity of its ex officio Chairman.
This is different from being a member of the Council of States.
Vice-President and President: Key Difference
| President | Vice-President |
|---|---|
| Article 52 | Article 63 |
| Constitutional head of Union | Vice-President of India |
| Elected by electoral college under Article 54 | Elected by members of both Houses of Parliament |
| Minimum age 35 | Minimum age 35 |
| Term under Article 56 | Term under Article 67 |
| Oath under Article 60 | Oath under Article 69 |
| Impeachment under Article 61 | Removal under Article 67 |
| Resignation to Vice-President | Resignation to President |
| Presides over no House | Ex officio Chairman of Rajya Sabha |
Importance of Article 63
Although Article 63 contains only one sentence, it has significant constitutional importance.
Establishes a Constitutional Office
It ensures that the office of Vice-President exists as a permanent constitutional institution.
Ensures Continuity
The Vice-President has a constitutional role in ensuring continuity when the President is unable to discharge functions or when the presidential office becomes vacant.
Provides Parliamentary Leadership
The Vice-President serves as Chairman of the Rajya Sabha.
Creates a Distinct Constitutional Position
The office is separate from both the President and the Prime Minister.
Article 63 at a Glance
| Point | Position |
|---|---|
| Article | Article 63 |
| Subject | Vice-President of India |
| Provision | Establishes the office |
| Exact Constitutional Idea | There shall be a Vice-President of India |
| Election | Article 66 |
| Term | Article 67 |
| Functions as Chairman | Article 64 |
| Acts as President | Article 65 |
| Qualifications | Article 66 |
| Oath | Article 69 |
| Election Disputes | Article 71 |
Article 63 and Related Constitutional Provisions
| Article | Subject |
|---|---|
| Article 52 | President of India |
| Article 53 | Executive power of the Union |
| Article 63 | Vice-President of India |
| Article 64 | Vice-President as ex officio Chairman of Rajya Sabha |
| Article 65 | Vice-President acting as President |
| Article 66 | Election of Vice-President |
| Article 67 | Term of office |
| Article 68 | Election to fill vacancy |
| Article 69 | Oath or affirmation |
| Article 70 | Discharge of President’s functions in other contingencies |
| Article 71 | Election disputes |
Common Confusions
Is the Vice-President the Head of the Union Executive?
No.
The President is the constitutional head of the Union executive under Article 53.
The Vice-President has specific constitutional functions.
Is the Vice-President a Member of Rajya Sabha?
No.
The Vice-President is the ex officio Chairman of Rajya Sabha but is not a member of the House.
Does the Vice-President Become President Permanently When the President Dies?
No.
The Vice-President may act as President until a new President is elected and enters office.
Who Elects the Vice-President?
Members of both Houses of Parliament.
State Legislative Assemblies do not participate in the Vice-Presidential election.
Does Article 63 Deal With the Election?
No.
Article 66 deals with the election.
Article 63 simply establishes the office.
Does Article 63 Prescribe a Five-Year Term?
No.
The five-year term is provided under Article 67.
Does the Vice-President Have an Impeachment Procedure Like the President?
No.
The Vice-President has a separate removal procedure under Article 67.
Quick Revision
- Article 63 → Establishes the office of Vice-President of India.
- It states that there shall be a Vice-President of India.
- Article 64 → Vice-President is ex officio Chairman of Rajya Sabha.
- Article 65 → Vice-President acts as President in specified circumstances.
- Article 66 → Election and qualifications.
- Article 67 → Term, resignation and removal.
- Article 68 → Election to fill vacancy.
- Article 69 → Oath or affirmation.
- Article 70 → Other contingencies relating to presidential functions.
- Article 71 → Election disputes.
- The Vice-President is not a member of Rajya Sabha merely because the Vice-President serves as its Chairman.
Conclusion
Article 63 is the constitutional provision that establishes the office of the Vice-President of India. Although the Article itself contains only a brief declaration, it provides the foundation for the subsequent constitutional provisions dealing with the Vice-President’s election, functions, term, removal, oath and role in ensuring continuity of the presidential office.
The key point to remember is:
Article 63 → There shall be a Vice-President of India. The detailed provisions concerning the Vice-President’s election, functions, term, oath and removal are provided in Articles 64 to 71.
