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Article 66 of the Indian Constitution: Election of Vice-President

Part: V
Shorthand Notes: VP Election - Parliamentarians, PR, STV, SB, Eligibility (Age 35, RS qual.)

Article 66 of the Indian Constitution deals with the election of the Vice-President of India. This article lays down the composition of the electoral college, the method of election, and the essential qualifications required for a person to be elected as the Vice-President. Understanding this article is crucial as it establishes the process for selecting the second-highest constitutional office in the country, who also serves as the ex-officio Chairman of the Council of States (Rajya Sabha).

The Vice-President plays a significant role in the Indian political system, especially in the functioning of the Rajya Sabha and in discharging the functions of the President in certain contingencies. Article 66, therefore, is fundamental to the structure and functioning of the Union Executive.

Original Text

66. Election of Vice-President

(1) The Vice-President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

(2) The Vice-President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.

(3) No person shall be eligible for election as Vice-President unless he-

(a) is a citizen of India;

(b) has completed the age of thirty-five years; and

(c) is qualified for election as a member of the Council of States.

(4) A person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.

Detailed Explanation

Article 66 meticulously details the process for the election of the Vice-President of India.

  • Clause (1): This clause specifies the composition of the electoral college and the method of election. The Vice-President is elected by an electoral college composed solely of the members of both Houses of Parliament, i.e., the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). This differs significantly from the President’s electoral college which includes elected members of State Legislative Assemblies as well. Importantly, all members of Parliament, including nominated members in both Houses, participate in the Vice-President’s election, unlike the President’s election where only elected members of Parliament participate. The election is conducted using the system of proportional representation by means of the single transferable vote. This method is used to ensure representation of different sections or parties in proportion to their strength, although in the case of the Vice-President elected by a single body (Parliament), it primarily facilitates the election of the most broadly acceptable candidate. The voting is conducted by secret ballot to ensure the voter’s choice is private and free from external pressure.

  • Clause (2): This clause stipulates that the Vice-President cannot be a member of either House of Parliament or a House of the Legislature of any State. If a person holding such a membership is elected Vice-President, their seat in that legislative body is automatically deemed vacated from the date they assume office as Vice-President. This provision ensures separation of powers and prevents a conflict of interest between legislative membership and the high constitutional office of the Vice-President.

  • Clause (3): This clause lays down the eligibility criteria for a candidate contesting the Vice-Presidential election. There are three mandatory requirements:

    • The person must be a citizen of India.
    • The person must have completed the age of thirty-five years. This is the same age requirement as for the President.
    • The person must be qualified for election as a member of the Council of States (Rajya Sabha). This qualification is significant because the Vice-President serves as the ex-officio Chairman of the Rajya Sabha. The qualifications for a Rajya Sabha member include being a citizen of India, being at least 30 years old, and possessing such other qualifications as may be prescribed by Parliament by law. The 35-year age requirement in Clause 3(b) overrides the 30-year minimum age for a standard Rajya Sabha member.

  • Clause (4): This clause clarifies what does not constitute an ‘office of profit’ for the purpose of disqualification. It explicitly states that holding the office of President or Vice-President of the Union, Governor of any State, or a Minister (either for the Union or any State) does not make a person ineligible for election as Vice-President on grounds of holding an office of profit. This is a standard provision across various election articles to exempt key constitutional functionaries.

Detailed Notes

  • Electoral College: Consists of members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
  • Members Included: All members of Parliament participate, including elected and nominated members.
  • Method of Election: Proportional Representation by means of the Single Transferable Vote (STV).
  • Voting: Conducted by secret ballot.
  • Disqualification by Membership: Cannot be a member of Parliament (either House) or a State Legislature.
  • Automatic Vacation of Seat: If a member of a legislature is elected VP, their seat is vacated on the date of assuming VP office.
  • Eligibility Criteria (Article 66(3)):
    • Citizen of India.
    • Completed 35 years of age.
    • Qualified for election as a member of the Council of States (Rajya Sabha).
  • Rajya Sabha Qualification Significance: Directly linked to the VP’s role as ex-officio Chairman of the Rajya Sabha.
  • Office of Profit (Article 66(4)): Certain offices are specifically excluded from being considered offices of profit for VP election eligibility.
  • Exempted Offices of Profit: President, Vice-President, Governor of any State, Minister (Union or State).

Additional Comments

  • The difference in the electoral college for the President (elected MPs + elected MLAs) and the Vice-President (all MPs) is a key point to note for comparison.
  • The election is governed by the Presidential and Vice-Presidential Elections Act, 1952.
  • All doubts and disputes arising out of or in connection with the election of a Vice-President are inquired into and decided by the Supreme Court of India, whose decision is final (as per Article 71).
  • The single transferable vote system aims to ensure that the elected candidate secures a clear majority (more than 50%) of the valid votes, even with multiple candidates.
  • The qualification for election as a member of Rajya Sabha primarily implies that the candidate should be enrolled as an elector for a parliamentary constituency. However, the 35 years age requirement in Article 66(3)(b) overrides the 30 years minimum age for a regular Rajya Sabha member.

Summary

Article 66 of the Indian Constitution details the election process for the Vice-President. The Vice-President is elected by an electoral college comprising all members of both the Lok Sabha and the Rajya Sabha. The election follows the system of proportional representation using the single transferable vote via secret ballot. To be eligible, a candidate must be an Indian citizen, be at least 35 years old, and be qualified to be elected as a member of the Rajya Sabha. A sitting member of Parliament or a State Legislature elected as Vice-President must vacate their original seat upon taking office. The article also clarifies that holding the office of President, Vice-President, Governor, or Minister does not disqualify a person on the grounds of holding an office of profit.
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