V-P Dhankhar's resignation: Constitution mandates successor's election 'as soon as possible'

With President Droupadi Murmu accepting the resignation of Vice-President Jagdeep Dhankhar, the process for electing his successor has to be completed “as soon as possible”.

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Article 68(2) of the Constitution mandates that “An election to fill a vacancy in the office of Vice-President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy…”

The provision further says that “the person elected to fill the vacancy shall, subject to the provisions of article 67, be entitled to hold office for the full term of five years from the date on which he enters upon his office.”

The Vice-President works in a dual capacity as he presides over the Rajya Sabha and also acts as President in certain contingencies.

While the Deputy Chairperson of the Rajya Sabha is expected to perform his duties with regard to the Upper House on the V-P’s resignation, it remains unclear who performs his duties of the Vice-President in case of his death or resignation before the expiry of his term.

Section 4(3) of the Presidential and Vice-Presidential Elections Act, 1952 provides that the notification for election shall be issued on or after the sixtieth day before the expiration of term of office of the outgoing Vice-President.

However, Section 4(4) says that “In the case of an election to fill a vacancy in the office of President or Vice-President occurring by reason of his death, resignation or removal or otherwise, the notification under sub-section (1) shall be issued as soon as may be after the occurrence of such vacancy.”

Now, the Election Commission has to announce the schedule for election of a new Vice-President of India.

According to Article 66 of the Constitution, the Vice-President is elected by the members of the 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.

For the 2022 Vice-Presidential Election, the Electoral College consisted of 233 elected members of Rajya Sabha, 12 nominated members of Rajya Sabha, and 543 elected members of Lok Sabha. The value of vote of each Member of Parliament would be the same i.e. one. A candidate can file a maximum of four nomination papers.

The VP’s election is held 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.

The Election Commission appoints the Secretary General of Lok Sabha and Rajya Sabha, by rotation, as the Returning Officer in consultation with the Central Government.

As per Rule 8 of the Presidential and Vice-Presidential Elections Rules, 1974, polling for the election takes place in the Parliament House.