Introduction
The Indian Constitution, as a living document, intricately outlines the structure, powers, and functioning of the various organs of the state. Among its many provisions, Article 66 pertains to the election of the Vice President of India, the second-highest constitutional office in the country. While the President is considered the ceremonial head of the state, the Vice President plays a significant role in the parliamentary framework, especially as the ex-officio Chairperson of the Rajya Sabha (Council of States). Article 66 lays down the procedure for electing this high constitutional functionary, reflecting the democratic ethos and federal balance enshrined in the Constitution.
Article 66
“Election of Vice-President.”—
- 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.
- 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 is 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.
- No person shall be eligible for election as Vice-President unless he—
- is a citizen of India;
- has completed the age of thirty-five years; and
- is qualified for election as a member of the Council of States.
- A person shall not be eligible for election as Vice-President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.
Electoral College and Voting System
Unlike the election of the President, which includes elected members of both Parliament and State Legislative Assemblies, the Vice President is elected solely by the members of both Houses of Parliament—the Lok Sabha and the Rajya Sabha. This reflects the Vice President’s key role in the parliamentary structure, especially in the upper house (Rajya Sabha).
The method of proportional representation by means of the single transferable vote (STV) ensures a more equitable and representative election. This system mandates that the candidate must receive a quota of votes calculated based on the total number of valid votes divided by the number of seats to be filled (in this case, one), plus one. The secret ballot adds a layer of confidentiality, thus ensuring independence in the voting process.
Eligibility Criteria and Disqualifications
To be eligible for the office of Vice President, a candidate must:
- Be a citizen of India.
- Have completed 35 years of age.
- Be qualified for election as a member of the Rajya Sabha.
Interestingly, unlike the President, who must be qualified for election as a member of the Lok Sabha, the Vice President must be eligible for the Council of States (Rajya Sabha), again aligning with their constitutional role.
Disqualifications include holding any office of profit under the central or state government or any other authority under their control, except for those explicitly exempted by law.
Vacancy and Oath of Office
Article 69 of the Constitution, read with Article 66, provides that the Vice President shall take an oath before entering office, administered by the President or another person appointed on his behalf. In the event of a vacancy—due to death, resignation, removal, or otherwise—the process of re-election must be initiated to ensure continuity.
Significance of the Vice President’s Role
While the Vice President does not exercise executive powers like the President, their role as Chairperson of the Rajya Sabha is pivotal in:
- Maintaining parliamentary discipline
- Ensuring the smooth conduct of legislative business
- Maintaining order during debates
They can cast a deciding vote in case of a tie, thus influencing key legislative outcomes.
Moreover, in the event of the President’s death, resignation, or removal, the Vice President may act as President until a new one is elected, ensuring constitutional continuity.
Judicial Interpretations and Case Law
Several judicial decisions have shaped the interpretation of Article 66 of the Indian Constitution, which governs the election of the Vice President:
- Loknath Misra v. Union of India (AIR 1972 SC 1916): Upheld the constitutionality of the electoral process, reinforcing the validity of proportional representation and secret ballot.
- In Re Presidential Poll (1974) 4 SCC 428: Clarified that, unlike the President’s election, state legislatures do not participate in the Vice Presidential electoral college, aligning with Article 66(1).
- Election Commission of India v. Dr. Subramanian Swamy (1996) 4 SCC 104: Further affirmed the principle of secrecy in voting.
- S. Satyanarayana v. Gyan Devi (AIR 2002 SC 1540): Indirectly addressed the requirement of Rajya Sabha qualifications under Article 66(3).
- U.N.R. Rao v. Indira Gandhi (1971) 2 SCC 63: Helped clarify the concept of “office of profit” under Article 66(4), establishing that holding certain offices can disqualify a candidate.
These cases collectively reinforce the procedural sanctity, eligibility norms, and democratic integrity embedded in Article 66.
Though there have not been many contentious legal challenges to Article 66, the Supreme Court has reiterated the sanctity of free and fair elections and the importance of adhering strictly to constitutional procedures:
- Indira Nehru Gandhi v. Raj Narain (1975 AIR 1590): Emphasized the inviolability of electoral procedures under the Constitution, though not directly related to Article 66.
- The role of the Election Commission in conducting free and impartial elections has been affirmed time and again.
Conclusion
Article 66 encapsulates the democratic and federal spirit of the Indian Constitution. It provides a clear, fair, and representative mechanism for electing a functionary who, though not wielding executive powers, plays a stabilizing and procedural role in the nation’s parliamentary democracy.
By ensuring a distinct yet complementary process from that of the President’s election, the framers of the Constitution envisioned a robust and balanced system of governance. As India’s parliamentary democracy continues to evolve, the principles enshrined in Article 66 remain vital to its institutional integrity.
References
- INDIA CONST. art. 66.
- Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 1590.
- V.N. Shukla, Constitution of India 214 (Mahendra P. Singh ed., 13th ed. 2022).
- M.P. Jain, Indian Constitutional Law 1324 (8th ed. 2023).
- Granville Austin, The Indian Constitution: Cornerstone of a Nation 245 (1966).
- Election Commission of India, Handbook for Returning Officers (Presidential and Vice-Presidential Elections), 2022.
- Loknath Misra v. Union of India, AIR 1972 SC 1916.
- In re Presidential Poll, (1974) 4 SCC 428.
- Election Commission of India v. Dr. Subramanian Swamy, (1996) 4 SCC 104.
- Satyanarayana v. Smt. Gyan Devi, AIR 2002 SC 1540.
- N.R. Rao v. Indira Gandhi, (1971) 2 SCC 63.
