Today, NDA candidate C.P. Radhakrishnan won the vice-presidential election and became 15th Vice–president of India. He won 452 votes out of 752 valid votes. As recently, the sudden resignation of Vice President Jagdeep Dhankhar refocused attention on the Vice President elections. This particular political and constitutional process is now also important and relevant for numerous aspirants. The elections will not only evaluate political party strengths in Parliament, but it will also remind you of the two different electoral proceedings the Constitution has set up for the office of the President and the office of the Vice President of India:
From a constitutional perspective: President’s elections are governed under Articles 52 – 62 and Vice President’s elections are governed under Articles 63 – 71; here, the Vice President is elected by Members of Parliament, which highlights to the reader that this office is primarily focused on the parliamentary role, rather than a federal role.
For many aspirants, this is a complicated constitutional procedure that successfully combines Mains Level analysis of federalism versus parliamentary role assessment, and Prelims level facts on issues like articles, procedures and comparisons – not to mention the latest events politically are more exam relevant as we speak.
Constitutional Provisions for Elections
President:
- Articles 52-62 (Part V of the Constitution).
- Process of Elections:
Article 54 → The definition of the Electoral College (the elected MPs + the elected MLAs of the states and UTs with legislatures).
Article 55 → The manner of election, which guarantees the election/s using a single transferable vote providing proportional representation. - Dispute relating to elections → Article 71, to be decided by the Supreme Court of India. In Indira Gandhi vs. Raj Narain (1975): SC confirmed that Presidential elections are a part of election law and can only be challenged before the SC. Additionally, Secret ballot and ECI’s supremacy in conducting elections have been upheld by the SC.
also Read- Article 14 of Indian Constitution: Right to Equality
Vice President:
- Articles 63-71 (Part V).
- Process of Elections: Article 66– Vice President (VP) is an elected official, and is elected only by Members of Parliament (Lok Sabha + Rajya Sabha), not by state legislatures.
- Acts as Chairman of Rajya Sabha (Article 64).
- Disputes to be decided by the Supreme Court (Article 71).
Role of Election Commission of India:
- Conducts the elections for both the President and Vice President.
- Supervises nominations, voting, counting, declaration of results.
- Sends a detailed notification and works under the authority of the Presidential and Vice-Presidential Elections Act, 1952.
Do you Know about 130th Amendment bill? Read Here.
Electoral process of the President
Composition of the Electoral College (Article 54)
- Elected MPs (Lok Sabha + Rajya Sabha).
- Elected MLAs of all states + UTs having legislatures (Delhi, Puducherry).Dr. Rajendra Prasad (the first President) spoke of how the President must represent the Union and the States → hence the inclusion of the MLAs.
- Nominated MPs and MLAs are not counted.
Electoral Quota
- Vote value of an MLA = State population (1971 census) ÷ Total elected MLAs of the state.
- Vote value of an MP = Total value of MLA votes divided by the total number of elected MPs.
To win, the Candidate must get 50% + 1 of the total valid votes (quota).
Voting System: Proportional representation by Single Transferable Vote (STV). Also, Voting is by secret ballot (the whip does not apply).
Electoral process of the Vice President
Electoral College Composition (Article 66):
Only members of Parliament -both elected and nominated members of Lok Sabha & Rajya Sabha. Therefore, there is no role for the MLAs.
Voting Mechanism
- Proportional representation by Single transferable Vote and secret Ballot.
- It is conducted by the Election Commission of India.
Why no States?
The Vice President is not the Head of State; the Vice President’s primary role is the Chairman of the Rajya Sabha, purely parliamentary role.
Comparative Analysis between President and Vice-president of India
| Feature | President of India | Vice President of India |
|---|---|---|
| Articles | 52–62 | 63–71 |
| Electoral College | Elected MPs (Lok Sabha + Rajya Sabha) + Elected MLAs of States & UTs (Delhi, Puducherry) | Only MPs (Lok Sabha + Rajya Sabha, both elected & nominated) |
| Role of States | MLAs included → reflects federal character | MLAs excluded → strictly parliamentary |
| Voting System | Proportional Representation by Single Transferable Vote (STV) + Secret Ballot | Same method: STV + Secret Ballot |
| Qualifications | Eligible for Lok Sabha membership | Eligible for Rajya Sabha membership |
| Oath Administered By | Chief Justice of India (or senior-most SC judge available) | President of India |
| Position in Order of Precedence | 1st (highest constitutional office) | 2nd (after President) |
| Tenure | 5 years (re-election allowed) | 5 years (re-election allowed) |
| Removal Process | Impeachment by Parliament for violation of Constitution | Resolution by Rajya Sabha (effective if Lok Sabha agrees) |
| Main Role | Head of the State, Commander-in-Chief, represents nation | Chairman of Rajya Sabha, acts as President in absence of incumbent |
Why the distinction?
The Constitution’s framers knowingly created two distinct election systems for the President and Vice President, considering the following:
President as Head of State (national role):
- Represents the Union of India and States (the entire territory).
- MLAs are included in the presidential Electoral College to preserve the federal nature of the Union.
- The method of election also helps balance power at the federal and state levels.
Vice President as Rajya Sabha Chairman (Parliament-centered role):
- Clearly situated in Parliament and doesn’t represent states.
- Election is limited to MPs only, a Parliament-centered election.
- No MLAs was a clear statement that the nature of the Vice President’s role is not federal, but legislative (Parliamentary).
In a nutshell, President = national symbol, federal balance.
Vice President = parliamentary balance, smooth functioning of Rajya Sabha.
Conclusion
The office of the President and Vice President uphold two pillars of India’s parliamentary democracy – one representing the nation and federalism, the second facilitating smooth functioning of Parliament.
For UPSC aspirants, in understanding the differences between their elections is not just about knowing the facts. It enables:
Prelims advantage → ability to quickly recall articles, procedures and exceptions.
Mains depth → ability to contemplate why the Constitution differentiates between the two offices.
In summary, therefore, having a firm grasp of the differences among the two offices empowers conceptual clarity, better chances of not getting trapped in tricky questions, and balanced preparation for both Prelims and Mains.
FAQs for UPSC
Q1. Who constitutes the Electoral College for the President of India?
Elected MPs (Lok Sabha + Rajya Sabha) + Elected MLAs of all States and Union Territories with legislatures.
Q2. Who constitutes the Electoral College for the Vice President of India?
Both elected and nominated MPs (Lok Sabha + Rajya Sabha). MLAs do not participate.
Q3. Who administers the oath of office?
- President → Oath administered by the Chief Justice of India (or senior-most judge available).
- Vice President → Oath administered by the President of India.
Q4. How can they be removed from office?
- President → By Impeachment process.
- Vice President → By Rajya Sabha resolution (effective if approved by Lok Sabha).
Q5. What are the qualification differences?
- President → Must be qualified to be a member of Lok Sabha.
- Vice President → Must be qualified to be a member of Rajya Sabha.
Q6. Why are MLAs included in the election of the President but not in the Vice President’s election?
To ensure federal balance. The President represents the entire Union and States, hence MLAs’ participation is necessary.
Q7. Why is the Vice President elected only by MPs?
The Vice President’s role is limited to Parliament as the Chairman of Rajya Sabha, hence only MPs elect them.
Q8. How do these provisions reflect constitutional balance?
They show how the Constitution balances federalism (President’s election) with smooth parliamentary functioning (Vice President’s election).
Previous Year UPSC Questions (PYQs)
Q9. Who among the following take part in the election of the Vice President of India? (UPSC Prelims 2017)
(a) Only elected members of Parliament
(b) Elected & nominated members of Parliament – Correct
(c) Elected MPs + MLAs
(d) People directly
Q10. Discuss the procedure for election of the Vice President of India. How is it different from that of the President? (UPSC Mains 2012)– Answer can be Refered from above.
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