How India Elects Its Vice-President: Constitutional Law & Procedure Demystified

Introduction

The Vice-President of India occupies the second highest constitutional office in the country, ranking immediately after the President in the warrant of precedence. The position, though largely ceremonial in nature, carries immense constitutional significance as it ensures continuity in governance, provides a presiding officer to the Rajya Sabha, and acts as a constitutional bridge in times of presidential vacancy. Modeled on the office of the American Vice-President, India’s Vice-President is both a constitutional necessity and a safeguard against disruptions in the functioning of the Republic.

This article examines the election of the Vice-President in detail, with a focus on constitutional provisions, statutory framework, procedure, and judicial scrutiny.

Constitutional Framework¹

The office of the Vice-President finds mention in Articles 63 to 71 of the Constitution of India.

Article 63: The Vice-President of India

Article 64: The Vice-President to be ex-officio Chairman of the Council of States

Article 65: The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President

Article 66: Election of Vice-President

Article 67: Term of office of Vice-President

Article 68: Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy

Article 69: Oath or affirmation by the Vice-President

Article 70: Discharge of President’s functions in other contingencies

Article 71: Matters relating to, or connected with, the election of Vice-President

These provisions together define the Vice-President’s election, qualifications, tenure, and functions, forming the backbone of the institution.

Electoral College: Composition and Distinction from Presidential Election

The Vice-President is elected through indirect election, by an electoral college consisting of members of both Houses of Parliament (Lok Sabha and Rajya Sabha), including nominated members.

This differs from the presidential electoral college in two important ways:²

1. Inclusion of nominated members of both Houses (excluded in presidential elections).

2. Exclusion of State Legislatures, which are integral in presidential elections.

Dr. B.R. Ambedkar³, during the Constituent Assembly Debates, explained this distinction: since the Vice-President’s primary role is limited to presiding over the Rajya Sabha, it was unnecessary to involve state legislatures in his election.

In Constituent Assembly Debates, Volume VII, p. 1001, Dr. B.R. Ambedkar observed “The President is the head of the State, and his power extends both to the administration by the Centre as well as to the states. Consequently, it is necessary that in this election, not only should members of Parliament play their part, but the members of the state legislatures should have a voice. But, when we come to the Vice-President, his normal functions are to preside over the council of states. It is only on a rare occasion, and that too for a temporary period, that he may be called upon to assume the duties of the president. That being so, it does not seem necessary that the members of the state legislatures should also be invited to take part in the election of the Vice-President”.

Method of Election⁴

The election is conducted under the system of proportional representation by means of the single transferable vote (STV), and the voting is by secret ballot.

Key features:

• Each Member of Parliament casts a single ballot but can rank candidates in order of preference.

• Counting follows the quota system, ensuring the winning candidate secures a majority through first or subsequent preferences.

• The Election Commission of India supervises the entire process, under the Presidential and Vice-Presidential Elections Act, 1952 (amended in 1997).

Nomination mechanics and scrutiny: the strict checklist⁵

• Subscribers: At least 20 proposers and 20 seconders, all electors.

• Deposit: ₹15,000 (cash with RO or receipt of deposit in RBI/Government Treasury).

• Papers: Up to four nomination papers may be filed; only one deposit needed.

• Electoral roll proof: Certified copy of the candidate’s entry in the current Parliamentary electoral roll must be furnished.

• Who may present? Candidate, or any proposer/ seconder, between 11 a.m. and 3 p.m. on appointed days.

One-candidate rule for subscribers: An elector can subscribe (as proposer/ seconder) only one candidate; if multiple, only the first delivered nomination counts.

Rejection grounds (illustrative, not exhaustive): ineligibility on scrutiny day; proposer/ seconder not an elector; inadequate subscribers; forged/non-genuine signatures; presentation beyond prescribed time/ place/ person; security deposit not made as prescribed. A curable, non-substantial defect does not vitiate the nomination; a valid alternate set can save the candidature.

Polling, preferences and ballot validity – what electors must do (and avoid)⁶

• Marking preferences: Electors may indicate as many preferences as there are candidates (1, 2, 3, …). Only first preference is mandatory. Preferences may be marked in international form of Indian numerals, roman numerals, or any recognised Indian language numerals. Do not write “one/two/three” in words; that invalidates the ballot.

• Invalidation (core rules): A ballot is invalid if “1” is not marked, or marked for more than one candidate, or if “1” and another figure are both marked for the same candidate, or if any identifying mark is made. Postal ballots can be rejected if the signature/attestation is not duly attested by the specified authority.

• No whip / secrecy: No Anti-Defection Law consequences; members may vote according to conscience; voting is by secret ballot.

• Assistance / postal / proxy:

  • No proxy voting.

  • No companion is permitted even for disabled/illiterate electors; the Presiding Officer records the vote on request.

  • Postal ballot is permitted only for voters under preventive detention; the Government notifies particulars to ECI, which dispatches the postal ballot.

Counting methodology and quota⁷

First count & quota: After segregating invalid ballots, first-preference votes are tallied for each candidate. The quota is: (Total valid votes ÷ 2) + 1 (fraction ignored). A candidate meeting/ exceeding the quota on first count is declared elected.

Transfers & exhaustion: If no one reaches quota, the lowest candidate is eliminated and his ballots are transferred per next available preference. Ballots without a next valid preference become exhausted. The cycle continues until someone reaches quota or only one candidate remains (who is then declared elected even without reaching the quota). With two candidates, first count suffices — whoever gets more valid votes wins. Counting is normally completed on polling day in Parliament House.

Deposit forfeiture: If a losing candidate’s valid votes do not exceed one-sixth of the number of votes necessary to secure return, the security deposit is forfeited; otherwise it is returned.

Timelines and continuity safeguards⁸

Under Section 4 of the Presidential and Vice-Presidential Elections Act, 1952, ECI may issue the election notification on or after the 60th day before the term’s expiry; the schedule must ensure the Vice-President-elect assumes office the day after the outgoing incumbent’s term ends. Article 68 complements this by preventing vacancies.

Qualifications for Election⁹

To be eligible, 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.

• Not hold any office of profit under Union, State, or local authorities.

Exceptions: The President, Vice-President, Governors, and Union/State Ministers are not considered to hold offices of profit for this purpose.

Oath, term, removal and acting President¹⁰

• Oath: Before the President, or a person appointed by the President.

• Term: Five years, with a hold-over until successor enters office.

• Removal: By Rajya Sabha resolution passed by absolute majority of its total membership, agreed to by Lok Sabha by simple majority; 14 days’ notice is a constitutional condition precedent.

• Acting President: On vacancy/absence of the President, the VP acts as President for up to six months till a new President assumes office, during which period he has all powers and immunities of the President and is entitled to the President’s emoluments. While acting as President, he does not perform the functions of the Rajya Sabha Chair.

Powers, functions and emoluments¹¹

• Legislative role: As ex officio Chairperson of the Rajya Sabha, the VP presides over proceedings with powers analogous to the Lok Sabha Speaker’s role, subject to Council of States’ rules. (Art. 64.)

• Emoluments: The Constitution does not fix a separate VP salary; in practice, the VP draws salary/allowances as Rajya Sabha Chairperson. When acting as President, he is entitled to Presidential emoluments; pension and post-demit perks are as per the Vice-President’s Pension Act, 1997.

Disputes: Exclusive Supreme Court Forum¹²

All doubts and disputes touching the election are tried exclusively by the Supreme Court (Art. 71). An election petition may be filed by a candidate or ten or more electors jointly, within 30 days from publication of the result under Section 12 of the 1952 Act. The SC’s decision is final; acts done prior to an election being set aside are saved.

How it differs from the Presidential election (at a glance)¹³

• Electoral College: VP – MPs only (including nominated); President – MPs + MLAs (no nominated members).

• Vote value: VP – equal value (1); President – weighted by State population and House strength.

• Method: Both use STV and secret ballot; but Presidential count/values differ due to weighting.

• Institutional role: VP is primarily legislative (Rajya Sabha Chair); President is Head of State.

Procedural Fine Print¹⁴

• Ballot characteristics: The ballot paper is pink in colour, bilingual with two columns, and electors must mark their preferences strictly in numerals. Use of words instead of numerals renders the ballot invalid.

• Who helps a disabled/illiterate elector? The Presiding Officer records the vote on request; no companion assistance is permitted.

• Postal vote eligibility: Only electors under preventive detention are allowed postal ballots, routed through the Government to the Election Commission of India.

• No proxy voting: Proxy voting is not permitted in this election.

• Returning Officer convention: The Secretary-General of either the Lok Sabha or the Rajya Sabha (on rotation) acts as the Returning Officer, with two senior officers appointed by the Election Commission as Assistant Returning Officers.

• Subscribers’ single-use rule: An elector may subscribe to the nomination of only one candidate. If an elector signs multiple nominations, only the first delivered nomination is considered valid.

Historical Perspective: Past Elections ¹⁵

Since 1952, India has witnessed several Vice-Presidential elections. While many contests have been one-sided or consensual, some have reflected intense political battles. For example:

• Dr. S. Radhakrishnan (1952, 1957) was elected unopposed.

• V.V. Giri (1967) and Venkaiah Naidu (2017) won after contested polls.

• The Vice-President has occasionally acted as President, such as V.V. Giri (1969) after Zakir Hussain’s death, and B.D. Jatti (1977) after Fakhruddin Ali Ahmed’s demise.

Comparative Note: Indian and American Vice-Presidents¹⁶

While modeled on the U.S. system, a key distinction exists:

• The American Vice-President succeeds as President for the remainder of the term if the presidency falls vacant.

• The Indian Vice-President only functions as Acting President until a new election is held.

This reflects India’s design to ensure continuity without directly merging the two offices.

Significance and Criticisms

Though the Vice-President’s powers are limited, the office is not without importance:

• It ensures a constitutional presiding authority for the Rajya Sabha.

• It provides a safeguard for the continuity of the presidency.

Yet, scholars have often described the role as ceremonial or “superfluous,” highlighting the relatively limited powers compared to the high rank it commands.

Conclusion

The Vice-President’s election is an exercise that underscores parliamentary supremacy and constitutional continuity. While the office may not wield extensive powers, its role in presiding over the Rajya Sabha and stepping in during presidential vacancies remains crucial. In times of political flux, this office ensures that governance does not stand disrupted.

Frequently Asked Questions (FAQs)¹⁷

1. Who elects the Vice-President of India?

All Members of Parliament (both Lok Sabha and Rajya Sabha, including nominated members) constitute the electoral college. State legislatures do not participate.

2. What voting system is used in the Vice-Presidential election?

The system of proportional representation by means of the single transferable vote, with secret ballot.

3. How is the Vice-President removed from office?

By a resolution of the Rajya Sabha passed by an effective majority, agreed to by a simple majority in the Lok Sabha, with at least 14 days’ notice.

4. Can the Vice-President act as President permanently?

No. He only acts as President for up to six months until fresh elections are held.

5. How is the Vice-President different from the President in terms of election?

Unlike the President’s electoral college (which includes elected MLAs of States and excludes nominated MPs), the Vice-President’s election includes nominated MPs but excludes State legislatures.

6. Can nominated members vote in the VP election?

Yes. All nominated members of both Houses are part of the Electoral College. MLAs do not vote.

7. Are party whips applicable?

No. Voting is by secret ballot; Anti-Defection provisions do not apply.

8. Can an MP vote by post or proxy?

No proxy voting. Postal ballot is available only to voters under preventive detention, via a formal process with ECI.

9. What are the common reasons a ballot is rejected?

Failure to mark “1”; marking “1” for more than one candidate; using words instead of numerals; adding identifying marks; or improper attestation in the case of postal ballots.

10. When is the ₹15,000 deposit forfeited?

If the candidate is not elected and fails to secure more than one-sixth of the votes necessary to secure return.