The Vice-President is elected by the same electoral college as the President, including state legislators.

Only members of Parliament (Lok Sabha and Rajya Sabha) vote for the Vice-President; state legislators do not participate, unlike in the President's election.

A Governor or sitting Minister cannot become Vice-President because they hold a government post.

The Explanation to Article 66 specifically excludes the offices of President, Vice-President, Governor, and Minister from being counted as disqualifying 'offices of profit.'

The Constitution of India

Article 66

Election of Vice - President

(1) The Vice-President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of 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 of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected Vice-President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.§

(3) No person shall be eligible for election as VicePresident unless he —§

(a) is a citizen of India;§

(b) has completed the age of thirty-five years; and§

(4) A person shall not be eligible for election as Vice-President if he holds any office of profit 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 article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.§

Why this exists

The framers wanted a Vice-President chosen by the national Parliament (not the states) to reflect that the office is primarily linked to presiding over the Rajya Sabha and standing in for the President. The eligibility and office-of-profit rules mirror those for the President and Rajya Sabha members, ensuring independence from ongoing legislative duties and from executive influence, while the explanation carves out constitutional offices so that, for example, a sitting Vice-President or Governor isn't barred from also being considered for related high offices.

Common misconceptions

Myth: The Vice-President is elected by the same electoral college as the President, including state legislators.
Fact: Only members of Parliament (Lok Sabha and Rajya Sabha) vote for the Vice-President; state legislators do not participate, unlike in the President's election.
Myth: A Governor or sitting Minister cannot become Vice-President because they hold a government post.
Fact: The Explanation to Article 66 specifically excludes the offices of President, Vice-President, Governor, and Minister from being counted as disqualifying 'offices of profit.'