OFFICE OF THE VICE PRESIDENT IS LONG OVERDUE TO BE OVERHAULED

OFFICE OF THE VICE PRESIDENT IS LONG OVERDUE TO BE OVERHAULED

 ( The views expressed are of author only editorial board does not support them – editor )

By Ramakant Tiwari

Article 63 of the Holy Constitution merely stipulates, there shall be a Vice-President of India, Article 64 declares VP as ex-officio Chairman of Rajya Sabha without being member of the House (s)he is supposed to preside over,

Article 65 mandates Vice President to function as President without being designated as ‘Acting President’ in any eventuality involving the President.

Article 66 stipulates, VP is to be elected by members of both Houses and VP must not be a member of either House too.

Contradiction galore would amount to a understatement as more appropriately, it is an Absurdity-galore.

If VP is merely supposed to act as President in absence of elected President i.e. on rare occasions according to Article 65, he would be tempted to pray and beseech Ishvara every morning during her/his routine Puja before deities to bring about such eventualities as often as possible !! Why should nation have a Vice President when there is no provision for a statutory Vice Prime Minister in the Constitution ? Or even Vice Chief Justices in Supreme and High Courts ?

Why should VP be ex-officio Chairman of Rajya Sabha without being member of the Upper House while having a Dy. Chairman elected among members of the House ?

Office of the Vice President must be separated from the Office of Presiding Officer of the Upper House.

Why not have an elected or nominated member of Rajya Sabha as Speaker of Rajya Sabha instead of an ex-officio Chairman elected by members of both Houses on the pattern of Lok Sabha and Lok Sabha Speaker ?

Speaker of Rajya Sabha shall certainly be in a better position to run the House instead of an ex-officio Chairman without being an elected member of the Upper House. It sounds logical and dignified too.

If Office of the Vice President is determined to be continued, then instrument of obligations, responsibilities must be defined crystal clear and inserted through an Article in the Constitution. Current mandate as officiating President in case of an eventuality may be relegated to a Clause or Sub-clause to the Article.

If the office of VP is decided to be retained purposefully, (s)he must be elected by all legislators across the nation on the pattern of Presidential election as VP is mandated to function as President in the eventuality of elected President being immobilised or incapable of discharging his/her Constitutional obligations. In such an extra-ordinary situation, VP may also be stipulated to function as full-fledged President for rest of the five year term instead of functioning as so-called ‘Acting President’ with Presidential/Vice Presidential elections being held as per original scehdule. Indeed, elections of President and Vice-President must be held simultaneously across the nation in one polling booth on one ballot paper. It will also provide a strong fillip to the noble idea of One Nation, One Election mooted by Prime Minister Modi.

The Article has specified only three conditions of eligibility that are too open-ended and allow even Rajya Sabha member MISA Bharati to be elected as Vice-President ! Minimum educational qualifications as well as relevant credentials, I repeat relevant credentials must be mentioned to ensure, undesirable elements like Hamid Ansari never succeed in future in hanging around anywhere near august Constitutional Offices.