Maarg Manthan · Topic 14.1

Election of the Vice-President (Article 66)

Indian Polity › Vice-President · Topic 14.1

The Vice-President is elected by an electoral college of all members of both Houses of Parliament, elected and nominated, by proportional representation using the single transferable vote and secret ballot; disputes are decided by the Supreme Court.

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Election of the Vice-President (Article 66) - Indian Polity - MaargX UPSC Maarg Manthan

At a Glance

  • What it is Indirect election of the second highest office
  • Article Article 66, with Article 71 on disputes
  • Electoral college Elected and nominated members of both Houses of Parliament
  • Method Proportional representation by single transferable vote, secret ballot
  • Exam link UPSC Prelims, Polity: Vice-President

Where Does It Fit?

This is the first topic of the category on the Vice-President. The Vice-President occupies the second highest office in the country and is accorded a rank next to the President in the official warrant of precedence. The office is modelled on the lines of the American Vice-President.

The Electoral College

The Vice-President, like the President, is elected not directly by the people but by indirect election. The electoral college consists of the members of both Houses of Parliament. It differs from the President’s electoral college in two respects:

  1. It includes both elected and nominated members of Parliament, whereas the President’s college has only elected members.
  2. It does not include the members of the state legislative assemblies, whereas the President’s college does.

The original Constitution provided that the Vice-President would be elected by the two Houses assembled at a joint meeting. This cumbersome procedure was done away with by the 11th Constitutional Amendment Act of 1961.

Why State Legislatures Are Excluded

Dr Ambedkar explained the difference. The President is the head of the State, and the power extends to the administration by the Centre as well as the states; it is therefore necessary that the members of the state legislatures also have a voice. But the Vice-President’s normal functions are to preside over the Council of States, and only on a rare occasion and for a temporary period may the Vice-President be called upon to assume the duties of the President. It therefore does not seem necessary for the members of the state legislatures to take part in the election of the Vice-President.

Method and Disputes

The manner of election is the same as for the President. The Vice-President’s election is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is by secret ballot. All doubts and disputes in connection with the election are inquired into and decided by the Supreme Court, whose decision is final. The election cannot be challenged on the ground that the electoral college was incomplete because of vacancies. If the election is declared void by the Supreme Court, the acts done by the Vice-President before the declaration are not invalidated and continue to remain in force.

Comparison with the President’s Election

Point President Vice-President
Electoral college Elected MPs plus elected MLAs of states, Delhi and Puducherry All members of both Houses of Parliament, elected and nominated
Weight of votes Value of votes fixed to give uniformity and parity Each member has one vote
Voting system Proportional representation by single transferable vote; secret ballot Same
Disputes Supreme Court, decision final Supreme Court, decision final
Qualified for election to Lok Sabha Rajya Sabha
Proposers and seconders 50 each 20 each

Because the Vice-President is elected only by the members of Parliament, there is no need for the elaborate value of votes system that balances the states and the Union in the election of the President. Each member of Parliament has one vote and the quota is determined by the same preferential method.

Elections of the Vice-Presidents

Year Winner Runner-up
1952 Dr S. Radhakrishnan Unopposed
1957 Dr S. Radhakrishnan Unopposed
1962 Dr Zakir Husain (568 votes) N. Samant Singh (14)
1967 V.V. Giri (486) Prof. Habib (192)
1969 G.S. Pathak (400) H.V. Kamath (156)
1974 B.D. Jatti (521) N.E. Horo (141)
1979 M. Hidayatullah Unopposed
1984 R. Venkataraman (508) B.C. Kambley (207)
1987 Dr Shankar Dayal Sharma Unopposed
1992 K.R. Narayanan (700) Kaka Joginder Singh (1)
1997 Krishna Kant (441) Surjit Singh Barnala (273)
2002 B.S. Shekhawat (454) Sushil Kumar Shinde (305)
2007 Mohd. Hamid Ansari (455) Najma Heptulla (222)
2012 Mohd. Hamid Ansari (490) Jaswant Singh (238)
2017 Venkaiah Naidu (516) Gopalkrishna Gandhi (244)
2022 Jagdeep Dhankhar (528) Margaret Alva (182)

Dr S. Radhakrishnan was elected for a second term in 1957, and four elections were unopposed. Krishna Kant was the first Vice-President to die in office.

Why Is This Topic Important?

  • Comparison with the President The two electoral colleges are a standard question
  • Dr Ambedkar’s reason Often quoted in Mains
  • Table Names and years can be asked

What Came Next?

The next topic covers the term, qualifications and conditions of office of the Vice-President.

Key People and Terms

  • Warrant of precedence Official order of rank
  • Electoral college Members of both Houses of Parliament
  • 11th Amendment Removed the joint meeting method
  • Nominated members Vote in VP election
  • Council of States Rajya Sabha, presided over by the VP

Exam Corner

Points to Remember

  • Electoral college: both Houses, elected and nominated.
  • State legislatures excluded.
  • 11th Amendment, 1961 removed the joint meeting.
  • Disputes: Supreme Court.

Do Not Confuse With

  • President’s and Vice-President’s colleges Elected MPs and MLAs versus all MPs
  • Nominated MPs Vote for VP but not for President
  • Dispute authority Supreme Court for both

Memory Hook

Parliament alone, nominated too, no state assemblies: second in rank, light on states.

Mains Angle

Questions on this topic usually ask why state legislatures do not take part. Use these points to add depth.

  • Role of the office Presides over the Rajya Sabha; acts as President rarely
  • Ambedkar’s reasoning State legislatures need not vote
  • Same method Proportional representation by single transferable vote
  • Precedence Second highest office

A Question You May Face

An original practice question, not a past paper question.

“How does the electoral college for the Vice-President differ from that for the President?”

How to Answer

  1. Introduction Article 66.
  2. Differences Two respects.
  3. Reason Ambedkar.
  4. Conclusion Method same, college different.

GS Relevance

Prelims: Indian Polity, Vice-President. GS Paper 2: Executive.

Frequently Asked Questions

Who elects the Vice-President of India?

The Vice-President is elected indirectly by an electoral college consisting of the members of both Houses of Parliament, including both elected and nominated members. The members of the state legislative assemblies do not take part in the election.

How is the Vice-President’s electoral college different from the President’s?

The Vice-President’s college includes both elected and nominated members of Parliament, while the President’s college includes only elected members, and the Vice-President’s college does not include members of state legislative assemblies, who vote for the President.

Why are state legislatures not part of the Vice-President’s election?

Dr Ambedkar explained that the Vice-President’s normal function is to preside over the Council of States and only rarely and temporarily to act as President, so there is no need for state legislators to take part in the election.

What voting system is used for the Vice-President’s election?

The election is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is by secret ballot, which is the same manner as for the President’s election.

Who decides disputes about the Vice-President’s election?

All doubts and disputes are inquired into and decided by the Supreme Court, whose decision is final. If the election is declared void, the acts done by the Vice-President before the declaration continue to remain in force.

PYQ Practice — Statement Analysis

1 State legislative assemblies are part of the Vice-President’s electoral college.
False

Only both Houses of Parliament.

2 Nominated members of Parliament vote in the Vice-President’s election.
True

Unlike in the President’s election.

3 The Vice-President was originally elected at a joint meeting of both Houses.
True

Changed by the 11th Amendment, 1961.

4 Disputes about the Vice-President’s election go to the Election Commission.
False

To the Supreme Court.

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