Introduction
The office of the vice president of India is a cornerstone of the country’s democratic framework. After the president post the second highest Constitutional post is Vice-President. primarily Article 66 of Indian Constitution talks about the electoral process for this pivotal role, it is distinct and meticulously outlined in the constitution of India. Article 66 of Indian constitution provides a comprehensive and detail legal framework, ensuring the election in fair and transparent manner.it defines not just the procedure of the election of Vice-President but also the qualification and key principles that govern this prestigious office.
Background
The constituent assembly debates reveal of the farmers in creation a separate electoral process for the Vice-President. The electoral process of President of India includes both members of parliament and members of state legislative assemblies where in Vice-President’s electoral process it is restricted to consisting the member of both houses of parliament. This distinction was reflecting the Vice-President’s primary role as the ex officio chairmen of the Rajya Shabha the council of states. the eleventh amendment Act, 1961 of Constitution further clarifies the electoral process, replacing the requirement of join meeting of both the houses of parliament with the current system of electoral college.
Key points:
Article 66 of the Indian Constitution is dived into clauses that establish the constitutional framework for the Vice-President’s election.
- Article 66(1) this clause is the most crucial clause, which states that the Vice-President of India shall be elected by an electoral college comprising the member of Lok Shabha and the Rajya Shabha. The distinction point from the Presidential election is the inclusion of nominated members of both houses in the Vice-President electoral college. The election of Vice-President is held with the system of proportional representation by means of the single transferable vote and voting is by single ballot.
- Article 66(2) stipulates that a person who is elected as a Vice-President cannot be the member of the house of Parliament or a state legislature. If he is holding such a position, he is deemed to have vacate their seat upon assuming the office of Vice-President. This provision maintains the sanctity of the Vice-President’s office.
- Article 66(3) deals with the eligibility criteria for a candidate to be elected as Vice-President are:
- The person must be a citizen of India
- They must have completed the age of thirty-five years.
- Candidate must be qualified for election as member of the Rajya Shabha. This requirement is unique it is linking the role of Vice-President’s qualification to role as the ex officio chairman of the Rajya Shabha.
- Article 66(4) this clause disqualifies any person who is holding an “Office of profit” under the Government of India, State Government or any local authority from being elected as Vice-President. The explanation of this clause also clarifies that the President, Vice-President, Governor of a state or a Minister of Union or state are not considered to be holding an “Office of Profit”.
Recent Developments
The Election Commission of India plays a pivotal role in the conduct of these elections, with ensuring the constitutional mandates is fulfilled. The recent elections have highlighted the party dynamic and parliamentary strength. The process id governed by the Presidential and Vice-Presidential Election Act, 1952, and the rules which talks about the nomination process, security deposit requirements, and the conduct of the poll.
Conclusion
Article 66 of the Indian Constitution of India provides a very clear mechanism. This article talks about the well-defined framework for the election of the Vice-President of India. The Constitutional provisions are combines with detailed legal and procedural framework. This article of constitution ensures the fair electoral process. the unique composition of the electoral college. The system ensures that the respect and trust of central legislature and upholding the dignity and integrity of the Indian parliament.
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WRITTEN BY Manisha Kunwar
