On September 9, 2025, Vice-President election was conducted in India after the very unexpected event of resignation by the former Vice President Shri Jagdeep Dhankhar on July 21, 2025. Now that the office was vacant, someone had to be elected for the said Constitutional position. It is important for students of Law and Politics to understand the process of election of Vice President office. The Vice-President election procedure has been laid in the Constitution of India itself. Let’s have a look at the relevant provisions to understand who elects the Vice President and what is the eligibility criteria for the one to be elected.
Who is Vice-President of India?
Article 63 of the Constitution states that there shall be a Vice-President of India. He/she is the ex officio Chairman of the Council of States (Rajya Sabha). As can be understood, the Vice-President is a Constitutional Office. The Vice President also acts as the President of India in case of absence from office or casual vacancies.
Vice-President Election Process
Since that of Vice President is a Constitutional position, the election process is also elaborated in the Constitution of India. Article 66 lays the procedure for election of the Vice President in India. Given below is an explanation of the provision.
Article 66 of Constitution
“66. Election of Vice-President.—(1) The Vice-President shall be elected by the 1 [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.”
Comment: The provision lays that for a Vice-President to be elected, an electoral college is formed. It consists of members of Lok Sabha as well as Rajya Sabha having single transferable vote. The Vice-President election is done via secret ballot, and not through an electronic voter machine.
“(2) 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 be 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.”
Comment: Article 66 (2) states that a Vice President elected by the Parliament cannot remain a member of Parliament or State Legislature. Therefore, even if an existing/elected member of Parliament or State Legislature is elected for Vice President position, he/she has to resign from the seat on the date he/she enters the office of Vice President. In other words, election as a Vice President requires resignation from Lok Sabha, Rajya Sabha, or State Legislature.
“(3) No person shall be eligible for election as Vice-President unless he—
(a) is a citizen of India;
(b) has completed the age of thirty-five years; and
(c) is qualified for election as a member of the Council of States.”
Comment: Article 66 (3) of Constitution lays the eligibility criterion for Vice President election. To be elected as the Vice President of India, one should be a citizen of India, 35 years old or more in age, and qualified for election as a member of the Council of States, that is Rajya Sabha. Here, it can be understood that citizens of other countries cannot become India’s Vice President. Those younger than 35 years of age are also excluded. Regarding qualification for Rajya Sabha, being an elector for a Parliamentary constituency in India is required.
“(4) 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.”
Comment: An office of profit under State or Central Government or any local authority disqualifies a person from being elected as the Vice President of India. Thus, a person can only hold the office of Vice President of India and not be an MP, hold any of the State Office, or Ministry, etc. If there is such an office, vacating the said office is an option, or the person may be declared disqualified from serving as India’s Vice President.
“Explanation.—For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.”
Comment: The explanation here clarifies that holding an office of profit does not contemplate being the President, Vice-President, Governor or Minister of Union or State.
FAQs on Vice President Election
Q- What does proportional representation mean?
A- An electoral system which elects representatives in proportion to the number of votes cast for them. In case of a Vice President election, the candidate with a majority of votes, regardless of majority in total number of votes, wins!
Q- What is the meaning of “single transferable vote”?
A- In this type, each voter casts a single vote and there is preferential voting. The degree of preference for a specific candidate decides who becomes the Vice President.
Q- How is the electoral college for Vice-President Election different?
A- The electoral college for election of the Vice President consists of members of Lok Sabha and Rajya Sabha. The provision does not mandate elected members, and thus, nominated members are also eligible to vote for electing the Vice President of India. Members of State legislature are also not included for VP elections.
