Election of India 15th Vice President and Electoral College
Source:The Hindu ↗
Why It Matters
The election of the Vice-President, who acts as the ex-officio Chairman of the Rajya Sabha, is a core constitutional process (Article 66). Additionally, the participation (and abstention) of jailed MPs highlights the nuanced legal intersections between constitutional voting rights, parliamentary privileges, and the Representation of the People Act.
Summary
C.P. Radhakrishnan was elected as the 15th Vice-President of India on September 9, 2025, following the unexpected resignation of Jagdeep Dhankhar. He defeated the joint Opposition candidate, Justice B. Sudershan Reddy, by securing the majority of first preferential votes from an electoral college comprising members of both Houses of Parliament. The election also brought attention to the voting rights of incarcerated parliamentarians; while jailed MP Engineer Rashid received court clearance to vote in police custody, another jailed MP, Amritpal Singh, abstained via postal ballot. The event highlights constitutional provisions regarding the Vice-Presidential election (Article 66) and the intersection of electoral laws with undertrial status.
Key Points
- C.P. Radhakrishnan was elected as the 15th Vice-President of India on September 9, 2025, succeeding Jagdeep Dhankhar, who resigned suddenly.
- He secured a comfortable majority against the joint Opposition candidate, Justice B. Sudershan Reddy.
- The Vice-President is elected by an electoral college consisting of all members (elected and nominated) of both Houses of Parliament (Lok Sabha and Rajya Sabha).
- The election uses the system of proportional representation by means of the single transferable vote.
- Jailed MPs navigated special provisions to participate: Engineer Rashid voted in police custody with court permission, while Amritpal Singh opted to abstain instead of using a postal ballot.
Important Terms
Vice-President of India
The second-highest constitutional office in India. The holder serves as the ex-officio Chairperson of the Rajya Sabha and acts as President during vacancies caused by resignation, death, or removal.
UPSC context
GS Paper II (Executive). Essential for understanding constitutional hierarchy and the functioning of the Upper House.
Article 66
A provision specifying the method of electing the Vice-President through an indirect system of proportional representation using a single transferable vote by an electoral college.
UPSC context
GS Paper II (Polity). Critical for understanding the legal procedure and qualifications for the Vice-Presidential election.
Electoral College (Vice-Presidential)
The specific voting body for the Vice-President, consisting of all members (elected and nominated) of both Houses of Parliament, notably excluding members of State Legislative Assemblies.
UPSC context
GS Paper II (Polity). Tested in comparisons between the election mechanisms of the President and the Vice-President.
Representation of the People Act, 1951
A primary legislation that governs the actual conduct of elections, including the qualification and disqualification of representatives and the curbing of corrupt practices.
UPSC context
GS Paper II (Governance). A core syllabus topic; central to questions on electoral reforms and democratic representation.
Section 62(5), RPA 1951
A specific provision of the RPA 1951 that prohibits individuals confined in prison—whether as convicts or undertrials—from voting in any election while in custody.
UPSC context
GS Paper II (Civil Rights). Relevant for debates on the 'Right to Vote' and the legal status of undertrials.
Election Commission of India
An autonomous constitutional body established under Article 324 to administer election processes for the President, Vice-President, Parliament, and State Legislatures.
UPSC context
GS Paper II (Constitutional Bodies). Fundamental for understanding the role of independent institutions in free and fair elections.
Prelims Trap
Election to fill a VP vacancy must occur within 6 months, and the newly elected VP serves only the remainder of the term.
Unlike the President, there is no strict 6-month limit for a VP vacancy (only "as soon as possible"), and a new VP serves a full 5-year term, not the remainder.
Static Concepts Connected
How does the Vice-Presidential electoral college differ from the Presidential one?
- Parliamentary Members: The Vice-President's electoral college consists of all members of Parliament (both elected and nominated). The President's includes only elected MPs.
- State Legislatures: Elected Members of State Legislative Assemblies (MLAs) vote in Presidential elections but have no role in electing the Vice-President.
What are the voting rights of prisoners in India under the RPA 1951?
- General Prohibition: Section 62(5) of the RPA 1951 bars both undertrials and convicts who are confined in prison or lawful police custody from voting.
- Preventive Detention Exception: This voting prohibition does not apply to individuals held under preventive detention, who are eligible to cast their votes via postal ballot.
Cross-Topic Patterns
Casual Vacancy Terms: VP vs Panchayats
While a new Vice-President serves a full 5-year term upon filling a casual vacancy, members elected to fill Panchayat or Municipal vacancies only serve the remainder of their predecessor's term.
Right to Vote: Statutory limitations
The voting rights debate for undertrials highlights that the Right to Vote is a statutory right under the Representation of the People Act, 1951, not an absolute fundamental right.
Expect a multi-statement polity question comparing Presidential and VP vacancy rules, mixed with RPA 1951 prisoner voting exceptions.
Linked PYQs · 5
Linked PYQs · 5
- 2004PrelimsGS1
The resolution for removing the Vice-president of India can be moved in the:
- 2022MainsGS2
Discuss the role of the Vice-President of India as the Chairman of the Rajya Sabha.
- 2023PrelimsGS1
Consider the following statements: 1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in the performance of duties of his/her office of President before the date of decision become invalid. 2. Election for the post of the President of India can be postponed on the ground that some Legislative Assemblies have been dissolved and elections are yet to take place. 3. When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare his/her assent. How many of the above statements are correct?
- 2017PrelimsGS1
Right to vote and to be elected in India is a
- 2020PrelimsGS1
Consider the following statements: 1. According to the Constitution of India, a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State. 2. According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison. Which of the statements given above is/are correct?
