Election for new Vice President to be held ‘as soon as possible’ following Dhankhar’s resignation

NEW DELHI, JUL 22: With Jagdeep Dhankhar resigning from the post of Vice President, the election to appoint his successor must be held “as soon as possible”, as per constitutional provisions.

According to Clause 2 of Article 68 of the Constitution, an election to fill a vacancy in the office of the Vice President whether due to death, resignation, removal, or otherwise must be conducted “as soon as possible” after the post becomes vacant.

The individual elected to the post will hold office for a full term of five years from the date they assume charge.

However, the Constitution is silent on who is to perform the Vice President’s duties in the event of a vacancy caused by death or resignation before the end of the term, or when the Vice President acts as President of India.

The Vice President holds the second-highest constitutional office in the country. Although the term is five years, a Vice President may continue in office beyond the expiry of the term until a successor assumes office.

Vice President and Rajya Sabha Chairman Jagdeep Dhankhar has tendered his resignation, citing health reasons.

The only provision in the Constitution concerning a vacancy in the Vice President’s office pertains to his function as Chairperson of the Rajya Sabha. In such cases, this responsibility is taken over by the Deputy Chairperson or any other member of the Rajya Sabha authorised by the President of India.

The Vice President may vacate the office by submitting a resignation to the President. The resignation becomes effective from the date it is accepted.

As the ex-officio Chairperson of the Rajya Sabha, the Vice President does not hold any other office of profit. During periods when the Vice President acts as, or discharges the functions of, the President, he does not perform the duties of Rajya Sabha Chairperson and is not entitled to any salary or allowances normally payable for that role.

As per Article 66 of the Constitution, the Vice President is elected by an Electoral College comprising members of both Houses of Parliament, through a system of proportional representation by means of the single transferable vote.

A candidate for the post must be an Indian citizen, at least 35 years old, and eligible for election as a member of the Rajya Sabha. Individuals holding an office of profit under the Government of India, any state government, or any local or subordinate authority are not eligible.

-PTI