Election of Vice‑President of India

GS 2 – Polity

Constitutional & Statutory Foundations

Constitutional Provisions

• • Article 63 establishes the office of Vice‑President.

  • Article 66(1): Election via an Electoral College of both Houses of Parliament (Lok Sabha & Rajya Sabha, including nominated members). State legislatures do not participate

  • Article 67(a): Vice‑President may resign by writing to the President; Article 68(2): Vacancies must be filled “as soon as possible” (no fixed deadline)

  • Disputes relating to election are adjudicated by a five‑judge bench of the Supreme Court (Article 71(1))

Statutory Framework

• • Governed by the Presidential and Vice‑Presidential Elections Act, 1952 and the Rules, 1974

 Eligibility & Nomination Requirements

Must be:

• • Citizen of India,

  • At least 35 years old,

  • Qualified for election to the Rajya Sabha,

  • Not holding any office of profit under central/state government

Nomination process:

• • Backed by at least 20 proposers and 20 seconders from MPs,

  • Security deposit of ₹15,000,

  • Scrutiny deadline: 1 day after filing,

  • Withdrawal period: 2 days

 Voting System & Election Mechanics

• Voting method: Single Transferable Vote (STV) under proportional representation; conducted via secret ballot inside Parliament premises

• Each MP casts one vote, ranking multiple preferences (1, 2, 3…). First preference is mandatory, others optional.

• Quota formula: (Total valid votes ÷ 2) + 1 (disregarding fraction).

• Counting: If no one achieves the quota, the candidate with the fewest votes is eliminated and votes are transferred until someone meets the quota

Timelines & Vacancy Management

• Vacancies arising due to resignation, removal, death, etc., must be filled without undue delay under Article 68(2)

• While no fixed timeline exists, EC typically follows a statutory minimum of ~32 days: 14 days for nominations, 1 day scrutiny, 2 days withdrawal, plus minimum 15 days until polling if needed

• From Jagdeep Dhankhar’s resignation on 21 July 2025, EC initiated the election process within 48 hours; electoral roll preparations and appointment of Returning Officer (Rajya Sabha Secretary-General) were set in motion

Interim Arrangement & Succession

• There is no acting Vice‑President post-resignation. The Deputy Chairperson of Rajya Sabha (currently Harivansh Narayan Singh) officiates proceedings in the Upper House until a new VP is elected

• Eligible candidate elected mid‑term gets a full five‑year term from assumption of office, not just the remaining part of predecessor’s tenure