Which one of the following statements is not correct regarding the Office of the Vice President of India as created by the Constitution?

Difficulty: Medium

Correct Answer: The Vice President is elected by an electoral college consisting of the elected members of both the Houses of Parliament.

Explanation:


Introduction / Context:
This question tests your understanding of the constitutional provisions relating to the Office of the Vice President of India, particularly the method of election and eligibility conditions. The Vice President occupies a unique position as the ex officio Chairman of the Rajya Sabha and as a possible acting President. To answer correctly, you must know who forms the electoral college for this office and whether only elected members vote in that election.


Given Data / Assumptions:

    Option a states that the Vice President is elected by an electoral college consisting of the elected members of both Houses of Parliament.
    Option b states that the Vice President is elected according to the system of proportional representation by means of the single transferable vote.
    Option c states that the Vice President shall not be a member of either House of Parliament or of a State Legislature at the time of holding office.
    Option d states that the Vice President is ex officio Chairman of the Council of States (Rajya Sabha) and shall not hold any other office of profit.
    We must identify which of these statements is not correct.


Concept / Approach:
Article 66 of the Constitution deals with the election of the Vice President. It states that the Vice President is elected by the members of an electoral college consisting of the members of both Houses of Parliament, not only the elected members. This means nominated members of both Houses also participate in the election. The election is conducted using proportional representation by means of the single transferable vote. Article 66(2) further says that no person shall be eligible for election as Vice President if he or she holds any office of profit under the Government of India, any State, or any local or other authority, and if a sitting member of either House is elected, he or she is deemed to have vacated that seat. Article 64 states that the Vice President shall be ex officio Chairman of the Council of States and shall not hold any other office of profit.


Step-by-Step Solution:
Step 1: Evaluate Option a. The electoral college for the Vice President includes members of both Houses of Parliament, whether elected or nominated. Option a incorrectly says it consists only of elected members. Therefore Option a is not correct.Step 2: Evaluate Option b. Article 66(1) clearly states that the election is held in accordance with the system of proportional representation by means of the single transferable vote, so this statement is correct.Step 3: Evaluate Option c. Once a person becomes Vice President, he or she cannot continue as a member of either House or of a State legislature, and any such seat is vacated on assuming office. This reflects the constitutional requirement that the Vice President should not simultaneously be a member of Parliament or a State legislature while holding the office, so Option c is essentially correct in this context.Step 4: Evaluate Option d. Article 64 provides that the Vice President shall be ex officio Chairman of the Council of States and shall not hold any other office of profit. This matches the content of Option d, so that statement is also correct. Thus the only incorrect statement is Option a.


Verification / Alternative check:
Standard polity textbooks highlight a key difference between the electoral colleges for the President and the Vice President. For the President, only elected members of both Houses of Parliament and elected members of State Legislative Assemblies participate. For the Vice President, the electoral college consists of all members of both Houses of Parliament, both elected and nominated. This distinction is often asked in exams. The use of the single transferable vote system for both President and Vice President is also widely discussed. These references confirm that Option a misstates the composition of the electoral college, while the other options accurately reflect constitutional provisions.


Why Other Options Are Wrong:
Option b is correct because it accurately describes the proportional representation system with the single transferable vote used in the election, so it is not the incorrect statement.

Option c is correct in spirit, as the Vice President cannot be a member of Parliament or of a State legislature while holding office and must vacate any such seat, making it consistent with the Constitution.
Option d is also correct, since the Vice President serves as ex officio Chairman of the Rajya Sabha and is not permitted to hold any other office of profit, reflecting Article 64 and related provisions.


Common Pitfalls:
A common mistake is to assume that the electoral college formula for the President and the Vice President is identical, leading candidates to believe that only elected members vote in both elections. Another confusion arises from not paying attention to the role of nominated members in parliamentary processes. To avoid these mistakes, remember that the key difference is that nominated members of both Houses participate in the Vice President's election but not in the President's election. This detail helps you quickly identify Option a as the incorrect statement.


Final Answer:
The incorrect statement is that the electoral college for the Vice President consists only of elected members of both Houses of Parliament; in reality, it includes both elected and nominated members.

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