The Vice-President and the Attorney General of India

The Vice-President: second-highest office

Article 63 provides for a Vice-President of India, who occupies the second-highest office in the country. The office is modelled on the American Vice-President, but with one key difference: the American Vice-President succeeds to the presidency for the rest of the term if it falls vacant, whereas the Indian Vice-President only acts as President until a new President is elected (within six months). The Vice-President is the ex-officio Chairman of the Rajya Sabha (Article 64) and does not draw a separate salary as Vice-President – the salary is paid as Chairman of the Rajya Sabha.

Election

• The Vice-President is elected by an electoral college of all members of both Houses of Parliament – elected and nominated members alike. State legislative assemblies do not take part.
• Election is by proportional representation by single transferable vote with secret ballot. Each MP's vote has the same value.
• Disputes are decided by the Supreme Court.
• Qualifications: citizen of India, at least 35 years old, qualified for election as a member of the Rajya Sabha, and not holding an office of profit. The nomination needs at least 20 proposers and 20 seconders, and a security deposit of ₹15,000.
• Oath is administered by the President (or a person appointed by the President).

Term and removal

The Vice-President holds office for five years and can be re-elected (Dr S. Radhakrishnan served two terms, 1952–62). The Vice-President continues in office until a successor takes charge. Resignation is addressed to the President. A vacancy occurring before the end of the term must be filled as soon as possible; the new Vice-President gets a full five-year term.

Removal is simpler than impeachment of the President: by a resolution of the Rajya Sabha passed by an effective majority (a majority of all the then members), agreed to by the Lok Sabha by a simple majority. At least 14 days' advance notice is required. No ground for removal is mentioned in the Constitution. While a resolution for removal is under consideration, the Vice-President cannot preside over the Rajya Sabha but can speak and take part, without a vote.

In July 2025, Vice-President Jagdeep Dhankhar resigned citing health reasons, and C.P. Radhakrishnan was elected Vice-President in September 2025 – an example of a mid-term vacancy being filled by a fresh election for a full term.

Functions

1. Chairman of the Rajya Sabha – powers similar to the Speaker's. The Chairman does not vote in the first instance but has a casting vote in case of a tie. Unlike the Speaker, the Chairman is not a member of the House.
2. Acting President when the office of President is vacant due to resignation, removal, death or otherwise, for a maximum of six months. While acting as President, the Vice-President does not perform the duties of Chairman of the Rajya Sabha (the Deputy Chairman does), and enjoys all powers, immunities and emoluments of the President.
3. Discharges the President's functions when the President is unable to do so due to absence, illness or any other cause.

Comparison: President and Vice-President elections

The Attorney General of India (Article 76)

The Attorney General (AG) is the highest law officer of the country.

• Appointment: by the President, on the advice of the government. The AG must be qualified to be appointed a judge of the Supreme Court – a citizen who has been a judge of a High Court for five years, or an advocate of a High Court for ten years, or an eminent jurist in the President's opinion.
• Term and removal: not fixed by the Constitution; the AG holds office during the pleasure of the President and can be removed at any time. By convention the AG resigns when the government changes.
• Remuneration is determined by the President.
• Duties: give advice to the Government of India on legal matters referred by the President; perform other legal duties assigned by the President; appear on behalf of the Government of India in all cases in the Supreme Court in which it is concerned; represent the government in presidential references under Article 143; and appear in High Courts when required.
• Rights: audience in all courts in the territory of India; the right to speak and take part in the proceedings of both Houses of Parliament, their joint sittings and committees of which the AG is named a member, but without a right to vote (Article 88). The AG enjoys the privileges and immunities of an MP.
• Limitations: the AG is not a full-time counsel and not a government servant, so may take private practice, but must not advise or hold briefs against the Government of India, defend accused persons in criminal prosecutions without permission, or accept directorships in companies without permission.
• The AG is not a member of the Union Cabinet; the Law Minister handles legal matters at the political level.

The AG is assisted by the Solicitor General and Additional Solicitors General, who are not constitutional posts – they are provided under the Law Officers (Conditions of Service) Rules, 1987. The first AG was M.C. Setalvad (1950–63), who also chaired the first Law Commission. R. Venkataramani became AG in 2022. The state counterpart is the Advocate General (Article 165), appointed by the Governor.

Practice: check your understanding

1. *Who presides over the Rajya Sabha when the Vice-President is acting as President?* The Deputy Chairman.
2. *Can a nominated MP vote in the vice-presidential election?* Yes – all members of both Houses vote.
3. *Can the Attorney General vote in Parliament?* No. The AG can speak and take part but cannot vote.
4. *Is the Solicitor General a constitutional office?* No. Only the Attorney General (Art 76) and the Advocate General (Art 165) are.

Common traps

• Vice-President: electoral college of both Houses only, including nominated members.
• Removal of the Vice-President starts only in the Rajya Sabha, by an effective majority.
• The Attorney General has no fixed term; qualification equals that of a Supreme Court judge.
• The Vice-President's resignation goes to the President; the President's to the Vice-President.

Mains angle

Questions on the Vice-President usually concern the dual role: a neutral presiding officer of the Rajya Sabha and a standby for the President. Neutrality in conducting proceedings, deciding on notices and admitting motions is central to the dignity of the office. For the Attorney General, the debate is about independence – the AG advises the government but owes a duty to the Constitution and the court as its senior-most law officer.