Article 66

Article 66 of the Constitution of India lays down the detailed procedure for the election of the Vice-President. It ensures that the process is democratic, representative, and constitutionally sound, preserving the balance of power within the Union framework. The article defines the composition of the electoral college, the method of voting, eligibility conditions, and disqualifications, thereby maintaining the integrity of this high constitutional office.

Electoral Process and Composition of the Electoral College

The Vice-President of India is elected by an electoral college comprising members of both Houses of Parliament — the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). Unlike the election of the President, which also involves members of the State Legislative Assemblies, the Vice-President’s election is confined exclusively to Members of Parliament.
The election is conducted through the system of proportional representation by means of the single transferable vote, and voting is done by secret ballot. This method ensures that the elected Vice-President represents the collective will of the Parliament and that minority votes are not wasted, promoting fairness and inclusiveness.
The Election Commission of India oversees the election, ensuring impartiality and adherence to constitutional provisions. The Returning Officer, usually the Secretary-General of the Rajya Sabha, supervises the process, and disputes related to the election are decided by the Supreme Court of India under Article 71.

Eligibility Criteria for Candidature

For a person to be eligible for election as the Vice-President, certain qualifications are mandated by the Constitution:

• The candidate must be a citizen of India.
• He or she must have completed 35 years of age.
• The individual must be qualified for election as a member of the Rajya Sabha, the Upper House of Parliament.

These criteria ensure that only experienced and constitutionally capable individuals occupy this high office. The linkage with qualifications for the Rajya Sabha underlines the Vice-President’s role as its ex-officio Chairman.

Disqualifications from Election

To maintain the sanctity and neutrality of the Vice-President’s position, specific disqualifications are outlined under Article 66 and other relevant provisions:

• A person cannot be a member of either House of Parliament or any State Legislature at the time of assuming office. If an elected Vice-President was already holding such membership, it is deemed vacated upon assuming office.
• A person cannot hold any office of profit under the Government of India, any State Government, or any local or statutory authority controlled by these governments.

However, the Constitution provides exceptions to this rule. It explicitly states that holding the offices of President, Vice-President, Governor, or Minister does not constitute holding an office of profit. This clarification allows individuals occupying these roles to contest the Vice-Presidential election without being disqualified.

Explanation of the “Office of Profit”

The term office of profit has been interpreted to prevent conflicts of interest where a public official could derive financial benefit from a government position. The intent behind this prohibition is to ensure that the Vice-President remains impartial and independent of executive influence. However, constitutional exemptions prevent this clause from being misused to exclude legitimate candidates who serve in other constitutional capacities.

Judicial Interpretation and Landmark Cases

Indian judiciary has played a significant role in interpreting the provisions of Article 66, particularly regarding eligibility and disqualifications:

• K. K. Verma v. Union of India (1954): This case discussed the conditions of eligibility and clarified the scope of disqualifications concerning offices of profit.
• Indira Gandhi v. Raj Narain (1975): Though primarily related to electoral disputes, the case reinforced the principle of maintaining purity in elections, influencing constitutional interpretation concerning Article 66.
• K. S. Puttaswamy v. Union of India (2017): While the central issue was the right to privacy, the judgment reiterated the significance of electoral integrity, which is relevant to the Vice-President’s election process.

These judicial pronouncements collectively underline the judiciary’s commitment to ensuring that the Vice-President’s election adheres to the highest standards of transparency and fairness.

Significance and Constitutional Role

Article 66 holds great constitutional and political significance. It provides a democratic framework for the election of the Vice-President, ensuring representation from both Houses of Parliament. By excluding members of the State Legislatures, it reinforces the Vice-President’s direct link to the national legislature, particularly to the Rajya Sabha, over which the Vice-President presides as ex-officio Chairman under Article 64.
The provision also safeguards the principle of separation of powers by disallowing members of the legislature from simultaneously holding the office of Vice-President, thus maintaining institutional integrity and balance.

Related Constitutional Provisions

Article 66 operates in conjunction with other constitutional articles concerning the Vice-President:

• Article 63: Establishes the office of the Vice-President of India.
• Article 64: Declares the Vice-President as the ex-officio Chairman of the Rajya Sabha.
• Article 65: Empowers the Vice-President to act as President or discharge the President’s functions in case of vacancy or incapacity.

Together, these provisions form a comprehensive framework governing the office, powers, and responsibilities of the Vice-President.

Amendments and Continuity

Since the commencement of the Constitution in 1950, Article 66 has not undergone any significant amendment. The stability of its provisions reflects the framers’ success in designing a process that has withstood political and administrative challenges over decades.

Practical and Contemporary Implications

The election of the Vice-President carries significant practical and political implications. As the presiding officer of the Rajya Sabha, the Vice-President plays a crucial role in maintaining order, interpreting procedural rules, and ensuring the smooth conduct of legislative business.