Article 63 of the Costitution of India with Case law
Article 63 of the Constitution of India
Text of Article 63:
"There shall be a Vice-President of India."
Key Features of Article 63:
Establishment of Office:
This Article mandates the creation of the office of the Vice-President of India.
It does not elaborate on powers, functions, or election — those are detailed in Articles 64 to 71.
Constitutional Position:
The Vice-President is the second-highest constitutional office in India.
Acts as the ex-officio Chairman of the Rajya Sabha (Council of States) under Article 64.
Can act as the President of India during a vacancy (Article 65).
Election, term, and qualifications are governed by:
Article 66 – Manner of election.
Article 67 – Term and removal.
Article 68 – Time of election for vacancy.
Related Case Laws:
Although Article 63 itself is brief and does not usually come into litigation directly, related provisions involving the Vice-President’s role have come up in cases:
1. M. S. Gill v. Chief Election Commissioner (1978) 1 SCC 405
Issue: Powers of the Election Commission in conducting free and fair elections, including those of the Vice-President.
Relevance to Article 63: Clarified that the election process of the Vice-President falls under the plenary powers of the Election Commission under Article 324.
Observation: The election of the Vice-President must follow constitutional principles and legislative framework.
2. In Re Presidential Poll, 1974 AIR 1682
Issue: Whether a Vice-President can act as President when an election petition against his own election is pending.
Held: Yes. The Supreme Court held that so long as the election is not declared void, the Vice-President can perform the duties of the President under Article 65.
Relevance: This supports the functional role derived from Article 63 in situations of presidential vacancy.
3. Union of India v. Gopal Chandra Misra (1978) 2 SCC 301
Though not directly on Article 63, the case dealt with the resignation of constitutional authorities.
Observation: A constitutional functionary like the Vice-President must communicate resignation to the President formally.
Conclusion:
Article 63 establishes the office of the Vice-President, laying the foundation for a key constitutional role.
While it is not litigated directly, it forms the base for other provisions (Articles 64–71) which have seen judicial scrutiny.
The Vice-President has a dual role — as the Chairman of Rajya Sabha and as a constitutional backup for the President.
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