Disputes relating to the election of the Vice-President are governed primarily by Article 71 of the Constitution.
Unlike ordinary parliamentary and State legislative elections, disputes concerning the election of the Vice-President are decided directly by the:
Supreme Court of India
This provides a single and authoritative constitutional mechanism for determining the validity of the election.
The main provisions are:
Article 66 → Election of Vice-President
Article 67 → Term of Vice-President
Article 68 → Election to fill vacancy
Article 71 → Election disputes
Any dispute relating to the election of the Vice-President is decided by:
Supreme Court
The Supreme Court has exclusive jurisdiction in this matter.
The Election Commission conducts and supervises the Vice-Presidential election.
However:
Election Commission does not finally adjudicate election disputes.
The Supreme Court decides the validity of the election when challenged.
Parliament may make laws regulating:
The principal legislation is the:
Presidential and Vice-Presidential Elections Act, 1952
The Vice-President is elected by:
Members of Both Houses of Parliament
This includes:
State Legislative Assemblies:
Do Not Participate
in the Vice-Presidential election.
Therefore, State MLAs cannot participate in electing the Vice-President.
Members of State Legislative Councils:
Do Not Participate
in the Vice-Presidential election.
Elected by:
Elected MPs + Elected MLAs
Elected by:
Members of Parliament Only
including:
Nominated MPs
The Vice-President is elected by:
Proportional Representation
through:
Single Transferable Vote
by:
Secret Ballot
Unlike the Presidential election:
All participating MPs have equal vote value.
There is:
No State-based weighted MLA vote
because State Legislatures do not participate.
The Vice-President is constitutionally associated with:
Parliament
because the Vice-President serves as:
Ex-officio Chairman of Rajya Sabha
Therefore, the electoral college is limited to:
Parliamentary Members
Article 71 covers disputes relating to the election of:
Therefore:
The same constitutional dispute mechanism applies to both offices.
The Supreme Court's jurisdiction is:
Exclusive
No other court has original jurisdiction to determine the validity of the Vice-Presidential election.
A challenge to the election must follow the procedure prescribed by:
Presidential and Vice-Presidential Elections Act, 1952
and applicable rules.
An election may be challenged where there is a legally recognised:
The specific grounds are governed by the Constitution and election law.
A vacancy among members of the electoral college does not automatically invalidate the election.
This is an important constitutional safeguard.
The rule prevents:
Minor or temporary vacancies
from paralysing the constitutional process.
It promotes:
Continuity of Constitutional Government
Suppose one elected MP's seat becomes vacant before the Vice-Presidential election.
The election does not automatically become invalid merely because that seat is vacant.
Does not automatically invalidate election.
May provide grounds for challenging the election.
The Supreme Court's decision on the election dispute is:
Final
under the constitutional framework.
If the Supreme Court declares the election invalid, the constitutional and statutory framework determines the consequences.
The declaration does not mean that every act previously performed by the Vice-President automatically becomes invalid.
The Constitution provides protection against institutional disruption.
Acts performed before the election is declared invalid are not automatically invalid merely because the election is subsequently set aside.
This ensures:
Constitutional Continuity
The Vice-President performs important constitutional functions, especially as:
Chairman of Rajya Sabha
If every previous act were automatically invalidated:
The Vice-President's election dispute can have implications for the:
Presiding Officer of Rajya Sabha
because the Vice-President serves as:
Ex-officio Chairman of Rajya Sabha
A mere challenge to the election does not mean:
Vice-President immediately ceases to hold office.
The constitutional and statutory dispute process must be completed.
| President | Vice-President |
|---|---|
| Article 71 | Article 71 |
| Supreme Court | Supreme Court |
| Election Commission conducts election | Election Commission conducts election |
| Parliament makes election law | Parliament makes election law |
| Special election dispute mechanism | Special election dispute mechanism |
Dispute:
Supreme Court
under:
Article 71
Election disputes generally follow:
Representation of the People Act
and are ordinarily heard by:
High Courts
subject to appellate jurisdiction.
Conducts and supervises election
Adjudicates election dispute
Creates the:
Legal Framework
Determines:
Validity of Election
within the constitutional and statutory framework.
The dispute mechanism reflects:
Rule of Law
because even the election of a high constitutional office can be judicially examined.
The Supreme Court's role ensures:
The election dispute mechanism protects:
Validity of Electoral Choice
by providing a legal method to challenge unlawful elections.
At the same time, the Constitution avoids unnecessary disruption by protecting:
Continuity of Institutional Acts
Article 71 covers both Presidential and Vice-Presidential election disputes.
Correct.
Supreme Court decides Vice-Presidential election disputes.
Correct.
Election Commission decides the final validity of the Vice-Presidential election.
False.
The Election Commission conducts the election.
High Court decides the Vice-Presidential election dispute.
False.
The Supreme Court has exclusive jurisdiction.
State MLAs participate in Vice-Presidential election.
False.
Nominated MPs participate in Vice-Presidential election.
Correct.
Every MP has an equal vote value in Vice-Presidential election.
Correct.
There is no weighted State-based voting system.
A vacancy in the electoral college automatically invalidates the election.
False.
Parliament can regulate election disputes by law.
Correct.
Every citizen can automatically file a Vice-Presidential election challenge.
False.
The right and procedure are governed by the constitutional and statutory framework.
Vice-President
Chairman of Rajya Sabha
VP acting as President
Election of VP
Term and removal
Election to fill vacancy
Oath
Election disputes
VICE-PRESIDENTIAL ELECTION
↓
Article 66
↓
Parliamentary Electoral College
↓
Election Commission
↓
Conducts Election
↓
Dispute / Challenge
↓
Article 71
↓
SUPREME COURT
↓
Final Constitutional Adjudication