126 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
158 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948
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 either of Parliament or of the Legislature of any State, and if a member of Parliament or of the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in Parliament or such Legislature, as the case may be, 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;
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(b) has completed the age of thirty-five years; and 15
(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 or position of emolument 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.
Explanation.—For the purposes of this clause, a person shall not be deemed to hold any office or position of emolument by reason only that—
(a) he is a minister either for India or for any State for the time being specified in Part I of the First Schedule; or
(b) he is a minister for any State for the time being specified in Part III of the First Schedule, if he is responsible to the Legislature of the State, or, where there are two Houses of the Legislature of the State, to the Lower House of such Legislature, and if not less than three-fourths of the members of such Legislature or House, as the case may be, are elected.
(5) An election to fill a vacancy caused by the expiration of the term of office of Vice-president shall be completed before the expiration of the term.
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