Article 66 of the Costitution of India with Case law
Article 66 of the Constitution of India: Election of Vice-President
Text of Article 66:
Article 66 – Election of Vice-President
(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.(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 is 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.
(3) No person shall be eligible for election as Vice-President unless he—
(a) is a citizen of India;
(b) has completed the age of 35 years; and
(c) is qualified for election as a member of the Council of States.(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.
Key Features of Article 66:
Electoral College: Consists only of members of both Houses of Parliament (unlike Presidential elections which include state legislatures).
Voting System: Proportional representation by means of the single transferable vote, and the vote is by secret ballot.
Eligibility: Must be a citizen of India, 35 years or older, and qualified to be a member of the Rajya Sabha.
Office of Profit: Disqualification if holding an office of profit under government control.
Related Case Law and Commentary:
✅ Anwar Ali Sarkar v. State of West Bengal (AIR 1952 SC 75)
Not directly about Article 66, but important in early constitutional interpretation where principles of equality and legislative processes were discussed.
✅ S. P. Anand v. H. D. Deve Gowda (1996) 6 SCC 734
Though primarily about the appointment of a Prime Minister, the Supreme Court reaffirmed that constitutional positions like President and Vice-President require strict adherence to eligibility and election procedures under Articles 66 and 58.
✅ Mohinder Singh Gill v. Chief Election Commissioner (1978) 1 SCC 405
This case reaffirmed that election-related matters of high offices like President and Vice-President must follow constitutional procedures, and once an election is notified, it comes under the purview of Article 329(b), barring judicial interference until results are declared.
✅ Election Commission of India v. Dr. Subramanian Swamy (1996)
This case reiterated the independence of the Election Commission in conducting elections, including those under Article 66.
Important Notes:
Vice-President is ex-officio Chairperson of the Rajya Sabha (as per Article 64).
Vacancy or disputes in Vice-Presidential election are governed by the Presidential and Vice-Presidential Elections Act, 1952.
Disputes about election are handled only by the Supreme Court under Article 71.
Conclusion:
Article 66 ensures a structured and impartial process for electing the Vice-President of India. It balances the federal structure by involving only Parliament in the election process. Though case law specifically interpreting Article 66 is limited, several constitutional law judgments uphold the spirit of fair and constitutional elections for such high offices.
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