Election Process of the Vice President of India and Its Differences from the President’s Election

Introduction

The Vice President of India holds a significant position in the country’s political framework. As the second-highest constitutional office, the Vice President acts as the ex-officio Chairman of the Rajya Sabha and serves as a standby in case of a vacancy in the office of the President. The process of electing the Vice President is distinct from that of the President, primarily due to differences in the electorate and constitutional provisions.

This article provides a detailed analysis of the election process of the Vice President of India while highlighting the key differences from the election of the President.

Constitutional Provisions Related to the Vice President’s Election

The election process of the Vice President is governed by the Constitution of India, specifically under:

• Article 63 – Provides for the office of the Vice President.
  
  
• Article 64 – Assigns the Vice President the role of ex-officio Chairman of the Rajya Sabha.
  
  
• Article 66 – Lays down the election process of the Vice President.

Additionally, the election is conducted as per the provisions of the Presidential and Vice-Presidential Elections Act, 1952, along with the Rules of Procedure framed under it.

Election Process of the Vice President of India

1. Qualifications for Election

As per Article 66(3), to be eligible for election as the Vice President, a candidate must:

• Be a citizen of India.
• Have completed 35 years of age.
• Be qualified to be elected as a Rajya Sabha member.
• Not hold any office of profit under the Government of India, any state government, or any other local or public authority.

2. Electorate for the Vice President’s Election

The Vice President is elected by an electoral college, but it is different from that of the President.

• The electoral college for the Vice President consists of:
  
  
  • All elected and nominated members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
    
    
• Unlike the President’s election, state legislatures (MLAs) do not participate in the voting process.

3. Voting Method: Proportional Representation

• The election is conducted by a secret ballot using the single transferable vote system.
  
  
• Each Member of Parliament (MP) casts a vote by ranking the candidates in order of preference.
  
  
• The quota required for a candidate to win is determined using the Droop quota formula:
  
  Quota=Total valid votesNumber of seats to be filled+1+1\text{Quota} = \frac{\text{Total valid votes}}{\text{Number of seats to be filled} + 1} + 1Quota=Number of seats to be filled+1Total valid votes​+1 Since there is only one seat for the Vice President, the quota formula simplifies to: Total valid votes2+1\frac{\text{Total valid votes}}{2} + 12Total valid votes​+1
  
  
• If no candidate secures the required quota in the first round, the candidate with the least votes is eliminated, and his/her votes are transferred to the second preference votes of the remaining candidates.
  
  
• This process continues until a candidate secures the required majority.

4. Role of the Election Commission

• The Election Commission of India (ECI) is responsible for conducting the election.
  
  
• The Returning Officer (RO), usually the Secretary-General of the Rajya Sabha, oversees the process.

5. Oath and Term

• After election, the Vice President takes an oath of office before the President.
  
  
• The term of office is five years but can continue until a successor is elected.

6. Removal Process

• The Vice President cannot be impeached like the President.
  
  
• However, he/she can be removed by a resolution passed by an absolute majority of the Rajya Sabha and agreed to by the Lok Sabha.
  
  
• The Constitution does not specify grounds for removal, leaving it open-ended.

Differences Between the Election of the Vice President and the President

Significance of the Vice President’s Election Process

1. Ensuring Parliamentary Supremacy

• The Vice President is elected by MPs alone, reflecting the parliamentary nature of Indian democracy.
  
• It ensures that Rajya Sabha representation is safeguarded, as the Vice President chairs it.

2. Stability in Governance

• The process ensures a non-controversial election, as no state influence is involved.
  
  
• The system guarantees a majority-backed candidate, preventing instability in legislative proceedings.

3. No Direct Political Mandate

• Unlike the President of India, who has a wider mandate due to MLAs’ participation, the Vice President is not directly associated with states.
  
  
• This limits the Vice President’s role primarily to parliamentary functions.

4. Safeguard Against Political Disruptions

• Since the Vice President is not elected by the general public, political disputes regarding the election are minimal.
  
  
• This prevents politicization of the post and ensures smooth governance.

Challenges in the Vice President’s Election Process

Despite its efficiency, the election system has certain limitations:

1. Limited Electoral Base

• The exclusion of state legislatures makes the election process narrow.
  
  
• Critics argue that a wider representation (including MLAs) could ensure a more balanced selection.

2. Lack of Public Accountability

• The Vice President is not directly elected by the people, leading to a lack of direct public accountability.

3. Political Influence

• The ruling party/coalition in Parliament often ensures the election of its preferred candidate, reducing political neutrality.

4. Overlap with Presidential Election

• Often, Presidential and Vice-Presidential elections occur in the same period, making the latter seem less significant.
  
  
• This reduces public and political engagement with the Vice Presidential election.

Conclusion

The election process of the Vice President of India is structured to ensure efficiency, stability, and parliamentary supremacy. It differs from the President’s election primarily in the electoral base, voting system, and constitutional role. While the process is efficient, it faces challenges related to political influence and limited representation.

To enhance the democratic nature of the election, reforms such as greater involvement of states and a stronger functional role for the Vice President could be considered. Nonetheless, the current system remains a crucial pillar of India’s parliamentary democracy.