Article 67 of the Indian Constitution delineates the tenure of the Vice-President of India, outlining the standard term of office and the circumstances under which it can be terminated earlier, namely through resignation or removal. It is a crucial provision defining the stability and security of the Vice-President’s position within the Indian executive structure.
This article ensures clarity regarding the duration for which a person holds the high office of Vice-President and provides constitutional mechanisms for cessation of office before the completion of the full term, maintaining accountability and constitutional propriety.
Original Text
67. Term of office of Vice-President
The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:
Provided that— (a) a Vice-President may, by writing under his hand addressed to the President, resign his office; (b) a Vice-President may be removed from his 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 no resolution for the purpose of this clause shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution; (c) A Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
Detailed Explanation
Article 67 primarily lays down the duration of the Vice-President’s term and the methods by which the term can end prematurely or be extended temporarily.
The main clause establishes the normal term of office for the Vice-President. It specifies that the Vice-President holds office for a period of five years. This term commences from the date the individual officially assumes the office, i.e., the date they take the oath of office.
The proviso attached to the main clause details the exceptions or conditions that affect the standard five-year term:
- Clause (a): Resignation: This clause provides the Vice-President with the option to resign from their office before the completion of the five-year term. The resignation must be in writing, signed by the Vice-President, and addressed to the President of India. Once the resignation is accepted, the office falls vacant.
- Clause (b): Removal: This clause outlines the procedure for the removal of the Vice-President from office. Unlike the President’s impeachment which can be initiated in either House, the removal process for the Vice-President must originate in the Rajya Sabha (Council of States). The resolution for removal must be passed by a “majority of all the then members of the Council” (absolute majority of effective strength). This resolution then needs to be “agreed to” by the Lok Sabha (House of the People). The Constitution does not specify the type of majority required in the Lok Sabha for agreement, but it is generally understood to mean a simple majority of members present and voting, as is common practice for resolutions originating in one House and being agreed to by the other, unless a specific majority is mandated (which it is not here). A crucial procedural requirement is that no such resolution for removal can be moved in the Rajya Sabha unless at least fourteen days’ notice has been given of the intention to move the resolution to the Vice-President. The grounds for removal are not explicitly mentioned in the Constitution, unlike the President’s impeachment which is for “violation of the Constitution.” However, convention and parliamentary practice suggest it would be for serious misconduct or inability.
- Clause (c): Holding Over: This clause ensures continuity in the office of the Vice-President. It states that even after the expiration of the five-year term, the incumbent Vice-President does not immediately vacate the office. They continue to hold office (“hold over”) until their successor is duly appointed and enters upon the office. This provision prevents a vacuum in the office and ensures that the functions of the Vice-President, particularly as the ex-officio Chairman of the Rajya Sabha, are continuously performed.
Detailed Notes
- Term: Five years from the date of entering office.
- Ways Term Ends:
- Completion of 5 years.
- Resignation.
- Removal.
- Death (implied vacancy).
- Resignation:
- Must be in writing.
- Addressed to the President.
- Removal:
- Procedure must start in Rajya Sabha.
- Resolution in Rajya Sabha requires a majority of all the then members (effective strength majority).
- Resolution passed by Rajya Sabha must be agreed to by Lok Sabha. (Generally understood as simple majority of those present and voting in Lok Sabha).
- Minimum 14 days’ notice required before moving the removal resolution in Rajya Sabha.
- Constitution does not specify grounds for removal.
- Holding Over:
- Even after the 5-year term expires, the Vice-President continues in office.
- Holds office until the successor enters upon their office.
- Ensures continuity, especially as Chairman of Rajya Sabha.
Additional Comments
- The removal procedure for the Vice-President is distinct from the impeachment of the President (Article 61), which is initiated in either House and requires a special majority (two-thirds of total membership) in both Houses.
- The majority required in the Rajya Sabha for the Vice-President’s removal (“majority of all the then members”) is stricter than a simple majority but less strict than the special majority required for impeachment (two-thirds of total membership). “All the then members” refers to the total strength excluding vacancies.
- The Constitution is silent on the grounds for removal, leaving it to parliamentary convention and discretion.
- The “holding over” provision (Clause c) is similar to that for the President (Article 56(1)(c)), ensuring there is no interregnum in the office.
Summary
The Vice-President holds office for a five-year term starting from the date of assuming office. This term can end earlier through resignation addressed to the President or removal from office. Removal is initiated by a resolution in the Rajya Sabha passed by a majority of all its then members and agreed to by the Lok Sabha, requiring fourteen days’ prior notice in the Rajya Sabha. Notwithstanding the expiry of the five-year term, the incumbent Vice-President continues in office until their successor takes charge, ensuring uninterrupted functioning of the office.