Election of Vice - President

Quick Summary (TL;DR)

Article 66 (Election of Vice - President): Governs the Union Executive (President, Vice-President, Prime Minister & Council of Ministers) in Part V.

In Simple Citizen Words

Article 66 deals with 'Election of Vice - President' in Part V, Chapter I (The Executive). It sets out the constitutional rules governing the election, term, oath, conditions of office, or executive responsibilities of the President, Vice-President, Prime Minister, Council of Ministers, or Attorney-General of India. Specifically: (1) The Vice-President shall be elected by the 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...

Key Constitutional Provisions

Constitutional Mandate (Art. 66): Directly codifies the legal rule for 'Election of Vice - President' under Part V

Structured across 4 clause(s) and 3 sub-clause(s) with clear procedural conditions

Requires transparent Parliamentary law-making and democratic accountability rather than arbitrary executive action

Exceptions & Reasonable Restrictions

Under Article 74, the President exercises executive powers strictly in accordance with the aid and advice of the Council of Ministers collectively responsible to the Lok Sabha (Article 75(3)).

Why This Matters in Daily Life

Ensures smooth, constitutional continuity at the highest levels of the Union Government without autocracy or power vacuums.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Pandit Jawaharlal Nehru & Dr. B. R. Ambedkar

Union Powers & Drafting Committee • December 10–30, 1948

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 66: Choosing between an American-style executive President versus a Parliamentary Cabinet system where the President is a constitutional head bound by Ministerial advice.

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"Under the Draft Constitution the President occupies the same position as the King under the English Constitution. He is the head of the State but not of the Executive. He represents the Nation but does not rule the Nation."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 66: Enacted Articles 52–78 establishing a constitutional Presidency elected by an electoral college of MPs and MLAs, acting on the aid and advice of the Prime Minister and Cabinet.

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 66 was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

Clause (1)

The Vice-President shall be elected by the 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.

Clause (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.

Clause (3)

No person shall be eligible for election as VicePresident unless he —

Sub-clause (a)

is a citizen of India;

Sub-clause (b)

has completed the age of thirty-five years; and

Sub-clause (c)

is qualified for election as a member of the Council of States

Clause (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.

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.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

Election of Vice - President

🟡 Textually Amended Since 1950 Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Enacted on 26 January 1950 by the Constituent Assembly as part of the original 395 Articles (Election of Vice - President). Subsequently refined through 1 Constitutional Amendment(s) to meet evolving democratic and governance needs.

CURRENT ENFORCEABLE STATUS (TODAY)

Enforceable Today with Amended Clauses: Article 66 (Election of Vice - President): Governs the Union Executive (President, Vice-President, Prime Minister & Council of Ministers) in Part V.

Key Amendment Milestones & Textual Modifications

11th Constitutional Amendment Act, 1961 — Simplified Vice-President Election Procedure

Year 1961

Why it happened: Replaced the joint sitting requirement with an Electoral College of both Houses and barred vacancies from invalidating Presidential elections.

                                    Amended (66, 71): Simplified Vice-President Election Procedure                                

Article 65 Ask Nyaya Saarthi AI About This Article Article 67

Emergency Citizen Helplines

Election of Vice - President

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications