Article 63 is a fundamental provision in the Constitution of India that establishes the office of the Vice-President. This article is concise but pivotal, laying the groundwork for one of the highest constitutional posts in the country. The Vice-President plays a crucial role in the governmental structure, not only as a successor to the President but also as the ex-officio Chairman of the Rajya Sabha.
The establishment of this office is a cornerstone of India’s parliamentary democratic system, ensuring continuity and stability in the administration at the highest level. Article 63 is the very first article in Part V, Chapter I (The Executive), Section 2 (Vice-President of India), marking the formal recognition of this vital office.
Original Text
63. The Vice-President of India
There shall be a Vice-President of India.
Detailed Explanation
Article 63 of the Indian Constitution is remarkably brief and direct. It simply declares the existence of the office of the Vice-President of India. While this article itself does not elaborate on the qualifications, election, term, powers, or duties of the Vice-President, it is the constitutional source that mandates the creation and existence of this post. All subsequent articles concerning the Vice-President (Articles 64 to 71) build upon this foundational declaration, defining the specifics of the office. Without Article 63, there would be no constitutional basis for the office of the Vice-President. It serves as the initial, definitive statement that India shall have a Vice-President.
Detailed Notes
- Constitutional Mandate: Article 63 serves as the primary constitutional provision establishing the office of the Vice-President of India.
- Simplicity: The article is exceptionally brief, containing only a single sentence.
- Core Function: Its sole purpose is to declare that the post of Vice-President must exist.
- Foundation: It acts as the foundation upon which the subsequent articles regarding the Vice-President’s office are based.
- Placement: Located as the first article in the section dedicated to the Vice-President within Part V (The Union) of the Constitution.
- Essential Office: Ensures the perpetual existence of the Vice-President’s office as a constitutional requirement for the Union Executive.
- Enabling Provision: Although brief, it is an enabling provision that necessitates the mechanisms for election, functions, etc., detailed in later articles.
Additional Comments
- This article is noteworthy for its extreme conciseness compared to other constitutional provisions establishing key offices.
- Its placement signifies the importance the framers placed on having a Vice-President as part of the Union Executive.
- While seemingly simple, it is the legal bedrock for the entire framework surrounding the Vice-President’s role and powers elaborated elsewhere in the Constitution.
- It reflects the decision to adopt a model similar to some other democracies where a Vice-Presidential office exists alongside the head of state.
Summary
The Constitution of India mandates the establishment of the office of the Vice-President of India through Article 63. This article is a concise declaration affirming that there shall exist a Vice-President for the nation, serving as the fundamental basis for this high constitutional post within the Union Executive structure.