Articles 66, 67 and 68 of the Constitution of India: Election, Term and Vacancy of the Vice-President

Articles 66, 67 and 68 form the core constitutional framework governing how the Vice-President of India is elected, the qualifications for election, the duration and cessation of the term of office, and the timing of an election when the office becomes vacant.

In brief: Article 66 deals with election and eligibility; Article 67 provides the five-year term, resignation and removal rules; and Article 68 regulates when an election must be held to fill an ordinary or casual vacancy.

Contents Article 66 - Election of Vice-President Article 67 - Term of office Article 68 - Election to fill a vacancy Governing election law Quick summary

Article 66 - Election of Vice-President

Meaning: Article 66 lays down the composition of the electoral college, the voting system and the qualifications and disqualifications for election to the office of Vice-President.

Article 66(1): The Vice-President is elected by an electoral college consisting of the members of both Houses of Parliament. The election uses proportional representation by means of the single transferable vote and voting is by secret ballot.

This electoral college therefore includes members of the Lok Sabha and Rajya Sabha, including nominated members of the Rajya Sabha. State Legislative Assemblies do not form part of the Vice-Presidential electoral college.

Article 66(2): The Vice-President cannot simultaneously remain a member of either House of Parliament or a State Legislature. If such a member is elected Vice-President, the legislative seat is deemed vacated on the date the person enters office.

Article 66(3): A candidate must:

be a citizen of India;
have completed thirty-five years of age; and
be qualified for election as a member of the Council of States (Rajya Sabha).

Article 66(4): A person holding an office of profit under the Government of India, a State Government, or a local or other authority subject to their control is not eligible, subject to the constitutional explanation. Holding office as President, Vice-President, Governor or Union or State Minister does not, by itself, amount to holding an office of profit for this Article.

Article 67 - Term of Office of Vice-President

Meaning: Article 67 fixes the normal term of the Vice-President at five years from the date of entering office and also specifies resignation, removal and continuation until a successor takes office.

The Vice-President may resign by a written communication addressed to the President.

The Vice-President may be removed by a resolution of the Council of States passed by a majority of all the then members of that House and agreed to by the House of the People. At least fourteen days' notice of the intention to move the resolution is required.

Even after the five-year term expires, the Vice-President continues to hold office until the successor enters office. This prevents a vacancy merely because the normal term has expired.

Article 68 - Time of Election to Fill a Vacancy

Meaning: Article 68 distinguishes between a vacancy arising from the normal expiry of the term and a casual vacancy caused by death, resignation, removal or another reason.

Article 68(1): Where the vacancy will arise because the existing Vice-President's term is expiring, the election must be completed before that term expires.

Article 68(2): Where the office becomes vacant because of death, resignation, removal or otherwise, an election must be held as soon as possible. The person elected to fill that vacancy is, subject to Article 67, entitled to a fresh full term of five years from the date of entering office.

Law Governing the Vice-Presidential Election

The constitutional provisions operate together with the Presidential and Vice-Presidential Elections Act, 1952 and the Presidential and Vice-Presidential Elections Rules, 1974. The Election Commission of India conducts the election under the constitutional and statutory framework. Election disputes relating to the President or Vice-President are dealt with under Article 71 of the Constitution.

Articles 66, 67 and 68 - Quick Summary

Article	Subject	Key rule
66	Election and eligibility	Members of both Houses of Parliament elect the Vice-President by proportional representation using the single transferable vote and secret ballot.
67	Term, resignation and removal	Five-year term; resignation is addressed to the President; removal begins with a Rajya Sabha resolution and requires Lok Sabha agreement.
68	Vacancies	Normal-term election is completed before expiry; a casual vacancy is filled as soon as possible and the new Vice-President receives a full five-year term, subject to Article 67.

This page is an explanatory guide. For authoritative wording, consult the official Constitution of India and the Election Commission of India resources linked on this page.