Indian Polity & Constitution22 Concepts & Facts

How the Vice-President of India Is Elected: Electoral College & Rules

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The Vice-President of India occupies the second-highest constitutional office in the Republic of India, ranked immediately below the President in the official Warrant of Precedence. Modelled broadly on the lines of the American Vice-President, the office is established under Article 63 of Part V of the Constitution of India. The primary institutional role of the Vice-President is defined by Article 64, which designates the incumbent as the ex-officio Chairman of the Council of States (Rajya Sabha). In addition to presiding over the upper house of the Union Parliament, the Vice-President acts as President under Article 65 whenever the presidency falls vacant due to death, resignation, removal, or illness. Given the dual nature of this constitutional mandate, the mechanism for electing the Vice-President is strictly codified under Article 66.

The election of the Vice-President is conducted through an independent Electoral College defined under Article 66(1). This body consists exclusively of the members of both Houses of Parliament—the Lok Sabha and the Rajya Sabha. A critical constitutional distinction distinguishes the Vice-Presidential Electoral College from the Presidential Electoral College: whereas the President is elected by elected members of Parliament and elected members of State Legislative Assemblies (excluding all nominated members), the Vice-President is elected exclusively by Members of Parliament, incorporating both elected and nominated members of both Houses. Members of State Legislative Assemblies (MLAs) and State Legislative Councils (MLCs) have no role whatsoever in the election of the Vice-President, reflecting the national focus of the Vice-President’s parliamentary duties.

The voting process is governed by the system of proportional representation by means of the single transferable vote (PR-STV), conducted via secret ballot in accordance with the Presidential and Vice-Presidential Elections Act, 1952, and rules framed thereunder. To qualify for election, a candidate must be an Indian citizen, have completed thirty-five years of age, be eligible for election as a member of the Council of States, and hold no office of profit under any government. Each nomination must be subscribed by at least twenty electors as proposers and twenty electors as seconders, accompanied by a security deposit of 15,000 rupees deposited with the Reserve Bank of India. Under Article 71, all doubts and election disputes concerning the election of the Vice-President are inquired into and decided exclusively by the Supreme Court of India, whose verdict is final.

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Article 63 of the Constitution of India establishes that there shall be a Vice-President of India, the second highest dignitary in the land.

Under Article 64, the Vice-President is the ex-officio Chairman of the Council of States (Rajya Sabha).

The election of the Vice-President is governed by Article 66 of the Constitution of India.

The Electoral College for electing the Vice-President consists of members of both Houses of Parliament (Lok Sabha and Rajya Sabha).

The Electoral College includes BOTH elected and nominated members of Parliament, unlike the Presidential election where nominated MPs cannot vote.

Members of State Legislative Assemblies (MLAs) and State Legislative Councils (MLCs) do NOT participate in the election of the Vice-President.

The election is conducted in accordance with the system of proportional representation by means of the single transferable vote (PR-STV).

Voting is conducted by secret ballot administered by the Election Commission of India.

Under Article 66(3), a candidate must be an Indian citizen who has completed at least 35 years of age.

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The candidate must be qualified for election as a member of the Council of States (Rajya Sabha).

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The candidate must not hold any office of profit under the Government of India, any State Government, or any local or public authority.

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Sitting Presidents, Vice-Presidents, Governors of States, and Ministers of the Union or States are not deemed to hold an office of profit for candidacy.

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Under the Presidential and Vice-Presidential Elections Act, 1952, a candidate's nomination paper must be subscribed by at least 20 proposers and 20 seconders.

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Candidates must deposit a security deposit of Rs 15,000 with the Reserve Bank of India, which is forfeited if the candidate fails to secure one-sixth of the valid votes.

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Originally, Article 66(1) required a Joint Sitting of both Houses to elect the Vice-President; this was eliminated by the 11th Constitutional Amendment Act, 1961.

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Under Article 67, the Vice-President holds office for a term of five years from the date on which they enter upon their office.

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The Vice-President can resign by writing to the President of India, or can be removed by an Effective Majority in Rajya Sabha agreed to by a Simple Majority in Lok Sabha.

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Fourteen days' advance notice is constitutionally mandatory before moving a resolution for the removal of the Vice-President.

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Under Article 71, all doubts and disputes relating to the election of the Vice-President are investigated and decided exclusively by the Supreme Court of India.

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Dr. Sarvepalli Radhakrishnan was the first Vice-President of India, elected unopposed in 1952 and again in 1957.

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When the Vice-President discharges the functions of or acts as President under Article 65, they do not perform the duties of the Chairman of Rajya Sabha and receive the salary of the President.

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The oath of office to the Vice-President is administered by the President of India or someone appointed on their behalf under Article 69.

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Educator's Insight

The Vice-President of India occupies the second-highest constitutional office and serves as the ex-officio Chairman of the Rajya Sabha under Article 64. The election process is governed by Article 66 through an electoral college consisting exclusively of members of both Houses of Parliament. Voting is conducted through proportional representation by means of a single transferable vote with secret balloting. A candidate must be an Indian citizen of at least thirty-five years of age and eligible for Rajya Sabha election, supported by twenty proposers and twenty seconders.

For UPSC Prelims and State PSC exams, the difference between Presidential and Vice-Presidential elections is a high-yield question area. Nominated members of Parliament vote in the Vice-President's election, whereas they cannot vote for the President. Conversely, state legislative assembly members (MLAs) do not vote for the Vice-President at all. A favorite test trap concerns election disputes: under Article 71, all doubts and disputes regarding the election can be inquired into and decided solely by the Supreme Court of India, whose decision is final.

How the Vice-President of India Is Elected: Electoral College & Rules

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