Post independence, the most important question before India was the formation of the government. However, the foundation to establish a constitution was set up long ago in 1945, the real issue arose while the Assembly went for the form of government for Indian system. Indian Constituent Assembly chose a Parliamentary form of government in which there was a President as the head of the executive and his powers were exercisable on the advice of the elected head, Prime Minister with his council of ministers. Indian President was assumed to exercise the power like the head of Britain. It was a post mere of reputation and the real works were to be done by the PM with his Council of Minister. But unlike the British system, our Constitutional forefathers adopted a post on 28th and 29th December 1948 (taking a reference from American system) of Vice-President to assist the Head of the State along with many other powers & functions. The question here arises that do Indian democracy need such a post where the real power has been exercised by the elected heads and not by the one who really holds the post, does it make sense to have an authority at such a high level merely for ceremonial occasions, are we bearing extra expenses for a non-functioning authority? From the first VP Dr. Sarwapalli Radhakrishnan to the present one, Hamid Ansari, debates have not been ended over these issues.
Different schools have different views on it. Let’s find out some positive role of the Vice-President in Indian Democracy:
Functions of Vice-President:
Vice-President, the second highest public office in India has got some important powers and functions, they are:
- By virtue of Article 64 “The Vice-President to be ex-officio Chairman of the Council of States. The Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other office of profit:
Provided that during any period when the Vice-President acts as President or discharges the functions of the President under Article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under Article 97.” He may cast his vote when there is a tie. - The Vice-President represents the Council of States on ceremonial occasions.
- Being the Chairman of the Council of States, he protects the rights and privileges of the members of the Council of States.
- If the President is not able to perform his functions due to absence, illness or any other reasons, the Vice-President shall perform the functions of President until the President resumes his duty.
- If the post of President falls vacant due to his resignation, removal, and death or otherwise, then the Vice-President shall act as the President until a new President is elected. This period between the Vice-President acting as the President and the election of a new President can be extended for a maximum period of six months.
Unlike the American system, where the Vice-President acts as the President till the expiry of the full term of the president whom he has succeeded in exceptional circumstances, the Indian Constitution provides the Vice-President for a limited opportunity. Article 65 provides-“The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President:
(1) In the event of the occurrence of any vacancy in the office of the President by reason of this death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office.
(2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.
(3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President has all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances, and privileges as are specified in the Second Schedule.”
- The Vice-President represents the country on goodwill and friendship missions to other countries or represents the country abroad on occasions of national importance in those countries.
While acting as the President, the Vice-President has the same powers, privileges, and immunities as the President.
Conclusion
The best example of the need for the post of Vice-President occurred in the late 1960s. When the third President Zakir Hussain died in office in 1969, V.V. Giri, the then Vice-President, acted as the President, and he later resigned to take part in the presidential election. During this period Md. Hidaytullah(the then Chief Justice of India) acted as the President. V.V. Giri, later on, became the only person to be the Acting President and the President of India by winning the presidential election.
It is evident that the post of Vice-President is not extravagant or supernumerary. The Vice-President holds honour, stateliness, as well as effective influence over the system. He presides over the meetings of the Rajya Sabha. As described earlier, he is also likely to act as the President in some situations.
It would not be wrong to say that the Vice-President, being the ‘Number Two Citizen’, has the ability to be promoted to the position of ‘Number One Citizen of India’. It would be right to describe the Vice-President as a ‘President-in-waiting’ or a ‘Shadow President.
The only thing apart from the powers and functions of the President and the Vice-President makes the difference between these two is – while the President takes the oath of office “to preserve, protect and defend the Constitution”, Vice-President takes the oath of “true faith and allegiance to the Constitution”.
As the Presiding Officer, the Chairman of the Rajya Sabha, the Vice-President is the unchallenged guardian of the prestige of the House. His rulings cannot be questioned or criticized and to protest against the ruling of the Chairman would amount to contempt of the House. He represents the collective voice to the outside world & ensures that the proceedings of the House are conducted in accordance with Constitution: rules, practices and conventions and that decorum is maintained in the House. The VP is the custodian and guardian of the rights and privileges of the Council of States and its members.
So, it would not be justified to criticize the action of the constitution-makers as they had added the post of Vice-President. India, being the largest democracy of the world, cannot be governed by a single or two heads. There needs to be someone who works silently & out of the controversies and keep the smooth functioning of the State going. The post of VP has been very successful in that.to conclude it, one must say that, to maintain the efficacy in the governance the post of VP has been quite relevant, the post is not constituted merely for ceremonies and the expenses India has born and still bearing is not going fruitless.
References:
- http://vicepresidentofindia.nic.in/
- http://parliamentofindia.nic.in/ls/debates/vol7p28.htm
- https://en.wikipedia.org/wiki/List_of_Presidents_of_India#cite_note-14
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