{"id":359581,"date":"2025-09-09T19:30:32","date_gmt":"2025-09-09T14:00:32","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=359581"},"modified":"2025-09-09T19:43:27","modified_gmt":"2025-09-09T14:13:27","slug":"vice-president-election-india-2025-constitutional-law-procedure","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/09\/09\/vice-president-election-india-2025-constitutional-law-procedure\/","title":{"rendered":"How India Elects Its Vice-President: Constitutional Law & Procedure Demystified"},"content":{"rendered":"
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Introduction<\/h2>\n

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.<\/p>\n

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

Constitutional Framework1<\/sup><\/a><\/h2>\n

The office of the Vice-President finds mention in Articles 63<\/a> to 71<\/a> of the Constitution of India<\/a><\/span>.<\/p>\n

Article 63<\/span>: The Vice-President of India<\/p>\n

Article 64<\/span>: The Vice-President to be ex-officio Chairman of the Council of States<\/p>\n

Article 65<\/span>: The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President<\/p>\n

Article 66<\/span>: Election of Vice-President<\/p>\n

Article 67<\/span>: Term of office of Vice-President<\/p>\n

Article 68<\/span>: 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<\/p>\n

Article 69<\/span>: Oath or affirmation by the Vice-President<\/p>\n

Article 70<\/span>: Discharge of President’s functions in other contingencies<\/p>\n

Article 71<\/span>: Matters relating to, or connected with, the election of Vice-President<\/p>\n

These provisions together define the Vice-President’s election, qualifications, tenure, and functions, forming the backbone of the institution.<\/p>\n

Electoral College: Composition and Distinction from Presidential Election<\/h2>\n

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

This differs from the presidential electoral college in two important ways:2<\/sup><\/a><\/p>\n

    \n
  1. \n

    Inclusion of nominated members<\/span> of both Houses (excluded in presidential elections).<\/p>\n<\/li>\n

  2. \n

    Exclusion of State Legislatures<\/span>, which are integral in presidential elections.<\/span><\/p>\n<\/li>\n<\/ol>\n

    Dr. B.R. Ambedkar3<\/sup><\/a>, 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.<\/p>\n

    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”<\/span>.<\/p>\n

    Method of Election4<\/sup><\/a><\/h2>\n

    The election is conducted under the system of proportional representation by means of the single transferable vote (STV)<\/span>, and the voting is by secret ballot<\/span>.<\/p>\n

    Key features:<\/h3>\n