Articles 63, 64 and 65 of the Constitution of India: Vice-President of India
Articles 63 to 65 form part of Part V, Chapter I of the Constitution of India. They establish the office of the Vice-President, make the Vice-President the ex officio Chairman of the Council of States (Rajya Sabha), and provide for the Vice-President to act as President or discharge Presidential functions in specified circumstances.
Updated: 18 September 2026
Article 63 - The Vice-President of India
Article 63 creates the constitutional office of the Vice-President of India. Its text is concise:
63. The Vice-President of India. - There shall be a Vice-President of India.
The provision makes the existence of the office mandatory under the constitutional structure of the Union.
Article 64 - Vice-President as ex officio Chairman of the Council of States
Article 64 links the office of Vice-President with the Council of States, commonly known as the Rajya Sabha. The expression ex officio means that the chairmanship follows automatically from holding the office of Vice-President.
64. The Vice-President to be ex officio Chairman of the Council of States. - The Vice-President shall be ex officio Chairman of the Council of States and shall not hold any other office of profit:
Provided that during any period when the Vice-President acts as President or discharges the functions of the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97.
The proviso separates the two constitutional roles when the Vice-President is performing the functions of the President. During that period, the Vice-President does not perform the duties of Chairman of the Rajya Sabha and does not receive the salary or allowance attached to that chairmanship under Article 97.
Article 65 - Vice-President acting as President or discharging Presidential functions
Article 65 addresses two situations: a vacancy in the office of President and a temporary inability of the President to discharge the functions of office.
65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.
(1) In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office.
(2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.
(3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President, have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
Meaning and effect of Articles 63, 64 and 65
Read together, these provisions ensure continuity in the constitutional offices at the Union level. Article 63 establishes the Vice-Presidency; Article 64 assigns the Vice-President the institutional role of Chairman of the Rajya Sabha; and Article 65 provides a constitutional mechanism for continuity of Presidential functions when the office is vacant or the President is temporarily unable to act.
Related constitutional provisions: Article 62 deals with the timing of an election to fill a vacancy in the office of President. Article 66 deals with election of the Vice-President, while Articles 67 and 68 concern the Vice-President's term and the filling of vacancies in that office.