Article 66 of the Constitution of India deals with the election of the Vice-President of India. It lays down the composition of the electoral college, the voting system, the method of election, and the constitutional qualifications required to contest the election.
- Meaning of Article 66
- Constitutional Provision
- Who Elects the Vice-President?
- Elected and Nominated Members
- Method of Election
- Single Transferable Vote
- Proportional Representation
- Secret Ballot
- Qualifications for Vice-President
- Citizen of India
- Minimum Age
- Qualification for Membership of Rajya Sabha
- Office of Profit
- Exceptions to Office of Profit Disqualification
- What Happens After Election?
- Vice-President and Membership of Parliament
- Election of President vs Vice-President
- Why Do State Legislatures Not Elect the Vice-President?
- Vice-President and Rajya Sabha
- Vice-President and Lok Sabha
- Article 66 and Article 63
- Article 66 and Article 64
- Article 66 and Article 67
- Article 66 and Article 68
- Article 66 and Article 69
- Article 66 and Article 71
- Election Process in Simple Steps
- Important Features of Article 66
- Article 66 at a Glance
- Article 66 and Related Constitutional Provisions
- Common Confusions
- Quick Revision
- Conclusion
The Vice-President is elected by the members of both Houses of Parliament through a system of proportional representation by means of the single transferable vote, with voting conducted by secret ballot.
Meaning of Article 66
Article 66 establishes the constitutional framework for electing the Vice-President.
Unlike the election of the President, where elected members of State Legislative Assemblies also participate, the Vice-President is elected exclusively by Parliament.
The electoral college consists of members of:
- Lok Sabha
- Rajya Sabha
Both elected and nominated members of Parliament participate in the election.
Constitutional Provision
Article 66 provides for:
- The electoral college for the Vice-President.
- The method of election.
- The qualifications for becoming a Vice-President.
- The restriction concerning an office of profit.
- The effect of holding certain offices after election.
Who Elects the Vice-President?
The Vice-President is elected by an electoral college consisting of the members of both Houses of Parliament.
This includes:
- Elected members of Lok Sabha
- Nominated members of Lok Sabha
- Elected members of Rajya Sabha
- Nominated members of Rajya Sabha
State Legislative Assemblies do not participate in the election of the Vice-President.
Elected and Nominated Members
A significant feature of Article 66 is that nominated members of Parliament can vote in the Vice-Presidential election.
This differs from the Presidential election under Article 54.
For the President:
Elected MPs + Elected MLAs of States + Elected members of specified Union Territories
For the Vice-President:
Members of both Houses of Parliament, including nominated members
Therefore, State Legislative Assemblies have no role in electing the Vice-President.
Method of Election
Article 66 provides that the Vice-President is elected by:
Proportional representation by means of the single transferable vote.
The election is conducted through:
Secret ballot.
The system allows members to indicate preferences among candidates rather than simply casting a vote for only one candidate.
Single Transferable Vote
Under the single transferable vote (STV) system, a voter ranks candidates according to preference.
For example:
- 1st preference → Candidate A
- 2nd preference → Candidate B
- 3rd preference → Candidate C
If a candidate does not receive enough votes and the voter’s first preference is eliminated or surplus votes are transferred according to the applicable rules, the vote can be transferred to the voter’s next preference.
This is why the vote is described as transferable.
Proportional Representation
The Vice-Presidential election uses proportional representation through the single transferable vote.
However, unlike the Presidential election, the value of votes is not weighted differently based on the population of States.
Each member of Parliament has one vote in the Vice-Presidential election.
Secret Ballot
The election is conducted by secret ballot.
This means that the voter’s choice is kept confidential in accordance with the applicable election procedure.
The secret ballot is intended to protect the independence of the electoral choice.
Qualifications for Vice-President
Article 66 also lays down the constitutional qualifications.
A person is eligible for election as Vice-President only if the person:
- Is a citizen of India.
- Has completed 35 years of age.
- Is qualified for election as a member of the Council of States (Rajya Sabha).
- Does not hold an office of profit under the Government of India, a State Government, or any local or other authority subject to the control of such governments.
Citizen of India
The candidate must be a citizen of India.
Citizenship is therefore a basic constitutional qualification for holding the office of Vice-President.
Minimum Age
The candidate must have completed 35 years of age.
This is the same minimum age prescribed for the office of President under Article 58.
It is higher than the minimum age required for membership of either House of Parliament.
Qualification for Membership of Rajya Sabha
A person must be qualified for election as a member of the Council of States.
This does not mean that the person must actually be a sitting member of Rajya Sabha.
The requirement concerns eligibility to be elected as a member of the Council of States.
Office of Profit
A candidate cannot hold an office of profit under:
- Government of India
- Government of any State
- Local authority
- Other authority subject to the control of the Government of India or a State Government
This restriction is intended to prevent conflicts of interest and preserve the independence of the constitutional office.
Exceptions to Office of Profit Disqualification
Article 66 specifically provides that a person shall not be considered to hold an office of profit merely because the person is:
- The President of India
- The Vice-President of India
- The Governor of a State
- A Minister for the Union or for any State
These constitutional offices do not create an office-of-profit disqualification for the purpose of Article 66.
What Happens After Election?
Article 66 also provides an important rule concerning a person who is already a member of Parliament or a State Legislature.
A person elected as Vice-President cannot continue to hold that legislative seat after entering office.
The person’s seat is deemed to have been vacated on the date on which the person enters upon the office of Vice-President.
This ensures that the Vice-President does not simultaneously hold the constitutional office and legislative membership.
Vice-President and Membership of Parliament
The Vice-President is therefore different from an ordinary member of Parliament.
A person may be a sitting MP when elected Vice-President, but upon entering the office:
Parliamentary seat → Deemed vacant
Vice-Presidential office → Assumed
The Vice-President subsequently serves as the ex officio Chairman of Rajya Sabha under Article 64.
Election of President vs Vice-President
The electoral systems for the President and Vice-President are similar in some respects but significantly different in composition.
| President | Vice-President |
|---|---|
| Article 54 | Article 66 |
| Elected by electoral college | Elected by members of both Houses of Parliament |
| Elected MPs participate | Elected MPs participate |
| Elected MLAs participate | State MLAs do not participate |
| Nominated MPs do not vote | Nominated MPs vote |
| Nominated MLAs do not exist for this purpose | — |
| Single transferable vote | Single transferable vote |
| Proportional representation | Proportional representation |
| Secret ballot | Secret ballot |
Why Do State Legislatures Not Elect the Vice-President?
The constitutional design reflects the Vice-President’s particularly close relationship with Parliament, especially the Rajya Sabha.
The Vice-President serves as the ex officio Chairman of the Council of States under Article 64.
The election is therefore conducted exclusively through the parliamentary electoral college.
Vice-President and Rajya Sabha
The Vice-President has a special constitutional relationship with the Rajya Sabha.
However, the Vice-President is not a member of the House.
The Vice-President becomes its ex officio Chairman under Article 64.
Thus, the electoral college and the role of the Vice-President are closely connected with Parliament.
Vice-President and Lok Sabha
Members of Lok Sabha also participate in electing the Vice-President.
Therefore, although the Vice-President chairs Rajya Sabha, the office is elected by the entire Parliament, rather than only by Rajya Sabha.
Article 66 and Article 63
Article 63 establishes the office of Vice-President.
Article 66 establishes the method by which the Vice-President is elected.
Therefore:
Article 63 → There shall be a Vice-President of India
Article 66 → Election of Vice-President
Article 66 and Article 64
Article 64 provides that the Vice-President is the ex officio Chairman of Rajya Sabha.
Article 66 provides the process through which the person becomes Vice-President.
Once elected and after assuming office, the person becomes Chairman of Rajya Sabha by virtue of Article 64.
Article 66 and Article 67
Article 67 deals with:
- Term of office
- Resignation
- Removal
Article 66 deals with the election and qualifications.
Thus:
Article 66 → Election
Article 67 → Term, resignation and removal
Article 66 and Article 68
Article 68 deals with the time of holding an election to fill a vacancy in the office of Vice-President.
Article 66 deals with the original election and qualifications.
Article 66 and Article 69
Article 69 deals with the oath or affirmation of the Vice-President.
Therefore:
Article 66 → Election
Article 69 → Oath
Article 66 and Article 71
Article 71 provides for matters relating to election disputes concerning the President and Vice-President.
The Supreme Court has jurisdiction over such disputes.
Election Process in Simple Steps
The Vice-Presidential election can be understood broadly as:
Candidates → Electoral college of both Houses of Parliament → Secret ballot → STV system → Counting and transfer of preferences → Candidate securing required quota → Vice-President-elect → Oath under Article 69 → Assumption of office
Important Features of Article 66
1. Parliamentary Electoral College
Only members of both Houses of Parliament participate.
2. Nominated MPs Can Vote
Unlike the Presidential election, nominated members of Parliament also participate.
3. State MLAs Do Not Vote
Members of State Legislative Assemblies are not part of the Vice-Presidential electoral college.
4. Single Transferable Vote
The election uses proportional representation through the single transferable vote.
5. Secret Ballot
Voting is conducted by secret ballot.
6. Minimum Age
The candidate must have completed 35 years.
7. Rajya Sabha Qualification
The candidate must be qualified for election as a member of the Council of States.
8. Citizenship
The candidate must be a citizen of India.
9. No Office of Profit
The candidate must not hold a disqualifying office of profit.
Article 66 at a Glance
| Point | Constitutional Position |
|---|---|
| Article | Article 66 |
| Subject | Election of Vice-President |
| Electoral College | Members of both Houses of Parliament |
| Nominated MPs | Can vote |
| State MLAs | Do not vote |
| Voting System | Proportional representation |
| Method | Single transferable vote |
| Ballot | Secret ballot |
| Citizenship | Indian citizen |
| Minimum Age | 35 years |
| Qualification | Qualified for election to Rajya Sabha |
| Office of Profit | Disqualifying office cannot be held |
| Related Article | Article 64, 67, 68, 69 and 71 |
Article 66 and Related Constitutional Provisions
| Article | Subject |
|---|---|
| Article 63 | Vice-President of India |
| Article 64 | Vice-President as Chairman of Rajya Sabha |
| Article 65 | Vice-President acting as President |
| Article 66 | Election of Vice-President |
| Article 67 | Term, resignation and removal |
| Article 68 | Election to fill vacancy |
| Article 69 | Oath or affirmation |
| Article 70 | Other contingencies relating to President |
| Article 71 | Election disputes |
| Article 89 | Chairman and Deputy Chairman of Rajya Sabha |
Common Confusions
Do State MLAs Vote in the Vice-Presidential Election?
No.
Only members of both Houses of Parliament participate.
Do Nominated Members of Parliament Vote?
Yes.
Both elected and nominated members of Lok Sabha and Rajya Sabha are part of the electoral college.
Is the Vice-President Elected Directly by the People?
No.
The Vice-President is elected indirectly by the members of both Houses of Parliament.
Is the Vice-President Required to Be a Rajya Sabha Member?
No.
The candidate must be qualified for election as a member of Rajya Sabha, but need not actually be a sitting member.
What Is the Minimum Age?
35 years.
What Voting System Is Used?
Proportional representation by means of the single transferable vote, with voting by secret ballot.
Does Each MP Have One Vote?
Yes.
Unlike the Presidential election, there is no different vote value based on State population.
Can a Person Holding an Office of Profit Contest?
A person holding a disqualifying office of profit cannot be eligible unless the position falls within the constitutional exceptions.
What Happens to an MP Who Becomes Vice-President?
The person’s parliamentary seat is deemed vacant when the person enters upon the office of Vice-President.
Quick Revision
- Article 66 → Election of Vice-President.
- Vice-President is elected by members of both Houses of Parliament.
- Nominated members of Parliament can vote.
- State Legislative Assembly members do not vote.
- Election uses proportional representation by means of the single transferable vote.
- Voting is by secret ballot.
- Candidate must be a citizen of India.
- Candidate must be at least 35 years old.
- Candidate must be qualified for election as a Rajya Sabha member.
- Candidate cannot hold a disqualifying office of profit.
- A sitting MP or MLA elected Vice-President is deemed to have vacated the seat upon entering office.
- Article 63 → Office of Vice-President.
- Article 64 → Chairman of Rajya Sabha.
- Article 65 → Vice-President acting as President.
- Article 67 → Term, resignation and removal.
- Article 69 → Oath or affirmation.
- Article 71 → Election disputes.
Conclusion
Article 66 establishes the constitutional framework for the election of the Vice-President of India. The election is conducted by the members of both Houses of Parliament through proportional representation using the single transferable vote and secret ballot. Unlike the presidential election, nominated members of Parliament participate, while members of State Legislative Assemblies do not.
The Article also prescribes the basic qualifications for the office, including Indian citizenship, a minimum age of 35 years, qualification for election to the Rajya Sabha and absence of a disqualifying office of profit.
The key point to remember is:
Article 66 → The Vice-President is elected by the members of both Houses of Parliament through proportional representation by means of the single transferable vote and secret ballot; the candidate must be an Indian citizen, at least 35 years old, qualified for Rajya Sabha membership and free from a disqualifying office of profit.
