Article 66 governs VP election in India — an electoral college of Parliament only, proportional representation, single transferable vote.
At a glance
Article 66 provides for indirect election of the Vice-President by an electoral college of both Houses of Parliament only.
Election by proportional representation, single transferable vote, secret ballot — state legislators are excluded from this electoral college.
The Vice-President's functions are mainly parliamentary (Rajya Sabha Chairman), so only Parliament, not the states, elects the office.
VP election in India is an indirect election, conducted under Article 66, in which only members of Parliament — not state legislators — choose the Vice-President through a specific proportional voting method.
Who Elects the Vice-President
Article 66(1) provides that the Vice-President is elected by an electoral college consisting of the members of both Houses of Parliament. This college includes both elected and nominated members of the Lok Sabha and Rajya Sabha. Notably, it does not include members of any state Legislative Assembly — a deliberate departure from the electoral college that elects the President.
Why State Legislatures Are Left Out
The framers drew a clear line between the President's and the Vice-President's electoral colleges based on the nature of their functions. The President's authority extends over both the Union and the states, so it was considered necessary for state legislators to have a voice in that election. The Vice-President's ordinary function, by contrast, is to preside over the Rajya Sabha, and only on a temporary, occasional basis does the office involve stepping into the President's shoes. On this reasoning, the Constitution confines the Vice-President's electoral college to Parliament alone.
Method of Voting
Article 66(1) prescribes the same voting method used for the President: election by the system of proportional representation by means of the single transferable vote, with voting by secret ballot. This method allows members to rank candidates by preference rather than cast a single, winner-take-all vote, and it was originally to be conducted at a joint sitting of both Houses; that cumbersome joint-meeting procedure was later removed, so members now vote by secret ballot without having to assemble together.
Vacating a Parliamentary or Assembly Seat
Article 66(2) makes the office incompatible with sitting membership of any legislature. The Vice-President cannot be a member of either House of Parliament or of a state legislature. If a sitting MP or MLA is elected Vice-President, that person is deemed to have vacated the seat in the House concerned from the date of entering upon the office of Vice-President.
Eligibility in Brief
Article 66(3) also lays down who may stand for election — citizenship, a minimum age, and other conditions. Because these eligibility conditions are detailed enough to merit their own treatment, they are covered separately; this note focuses on how the election itself is conducted.
Settling Disputes About the Election
Any doubt or dispute connected with the Vice-President's election is dealt with under Article 71:
- Such disputes are decided exclusively by the Supreme Court, whose decision is final.
- An election cannot be challenged merely because the electoral college that elected the Vice-President was incomplete — for instance, due to a vacancy among its members.
- If the Supreme Court eventually declares the election void, acts done by the Vice-President before that declaration remain valid and are not invalidated.
Presidential vs Vice-Presidential Electoral College
| Aspect | President (Art. 54–55) | Vice-President (Art. 66) |
|---|---|---|
| Electoral college | Elected members of both Houses of Parliament + elected members of state and UT (Delhi, Puducherry) Assemblies | Members (elected and nominated) of both Houses of Parliament only |
| State legislators included | Yes | No |
| Nominated MPs included | No (only elected members) | Yes |
| Voting method | Proportional representation, single transferable vote, secret ballot | Same — proportional representation, single transferable vote, secret ballot |
| Disputes | Decided exclusively by the Supreme Court (Art. 71) | Decided exclusively by the Supreme Court (Art. 71) |
UPSC Relevance
Prelims
- The Vice-President's electoral college includes nominated MPs but excludes all state legislators — the reverse pattern from a common prelims distractor.
- Voting for both the President and Vice-President uses proportional representation by single transferable vote, by secret ballot.
- Election disputes go exclusively to the Supreme Court under Article 71; an incomplete electoral college is not a valid ground to challenge the result.
Mains
- Examine why the Constitution excludes state legislatures from the Vice-President's electoral college while including them for the President's election, and assess the constitutional logic behind this distinction. (GS II)
FAQ
Q1. Who is part of the electoral college that elects the Vice-President? Members of both Houses of Parliament — both elected and nominated members of the Lok Sabha and Rajya Sabha. State legislators are not included.
Q2. What voting method is used to elect the Vice-President? Proportional representation by means of the single transferable vote, with voting by secret ballot — the same method used for the presidential election.
Q3. Can a sitting Member of Parliament be elected Vice-President? Yes, but on entering upon the office of Vice-President, that person is deemed to have vacated their seat in Parliament under Article 66(2).
Q4. Where are disputes about the Vice-President's election decided? Exclusively by the Supreme Court under Article 71, whose decision is final.
Quick Revision
- Article 66(1): Vice-President elected by an electoral college of both Houses of Parliament (elected + nominated members); no state legislators.
- Voting method: proportional representation by single transferable vote, secret ballot — same as the President's election.
- Article 66(2): a sitting MP/MLA elected Vice-President is deemed to vacate that seat.
- Article 71: Supreme Court has exclusive and final jurisdiction over election disputes; an incomplete electoral college is not a valid challenge ground.
- Original joint-sitting procedure for the Vice-President's election was removed by the 11th Constitutional Amendment.
Sources
- The Constitution of India, Article 66 — legislative.gov.in
- The Constitution of India, Articles 54, 55, 71, 324 — legislative.gov.in
Further Reference
For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:
- M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
- D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
- The Constitution of India — Bare Act — the official text.
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Constitutional provisions
Vice-President elected by an electoral college of both Houses of Parliament, by proportional representation, single transferable vote, secret ballot.
A sitting MP or MLA elected Vice-President is deemed to vacate that seat.
Eligibility conditions for election as Vice-President.
Disputes relating to the election of the President or Vice-President decided exclusively by the Supreme Court.