Article 68 of the Constitution of India deals with the timing of elections to fill a vacancy in the office of the Vice-President. It distinguishes between a vacancy caused by the expiry of the Vice-President’s term and a casual vacancy arising before the term ends.
- Meaning of Article 68
- Election Before Expiry of Term
- Casual Vacancy
- Full Term for the New Vice-President
- Article 68 and Article 67
- Article 68 and Article 66
- Article 68 and Article 63
- Article 68 and Article 64
- Article 68 and Article 65
- Difference Between Presidential and Vice-Presidential Vacancies
- Normal Vacancy vs Casual Vacancy
- Does the Outgoing Vice-President Continue After the Term?
- Does Article 68 Prescribe the Electoral College?
- Who Elects the New Vice-President?
- Important Features of Article 68
- Article 68 at a Glance
- Article 68 and Related Constitutional Provisions
- Common Confusions
- Quick Revision
- Conclusion
Meaning of Article 68
Article 68 ensures that the office of Vice-President is filled through an election within the constitutionally prescribed period.
It deals with two situations:
- Vacancy caused by expiry of the Vice-President’s term
- Casual vacancy caused by death, resignation, removal or otherwise
The Constitution prescribes different timelines for these situations.
Election Before Expiry of Term
Under Article 68(1), an election to fill a vacancy caused by the expiration of the term of office of the Vice-President must be completed before the expiration of the term.
This ensures that the successor can enter office without creating an avoidable constitutional gap.
The election is therefore held before the existing Vice-President’s five-year term comes to an end.
Casual Vacancy
Article 68(2) deals with a casual vacancy in the office of Vice-President.
A casual vacancy may arise due to:
- Death of the Vice-President
- Resignation
- Removal
- Any other reason
In such a situation, the Constitution requires an election to fill the vacancy as soon as possible.
Unlike Article 62, which specifically imposes a six-month outer limit for a casual vacancy in the office of President, Article 68 does not prescribe a six-month maximum period for a casual vacancy in the office of Vice-President.
Full Term for the New Vice-President
A person elected to fill a casual vacancy in the office of Vice-President holds office for a full term of five years from the date of entering upon office.
The newly elected Vice-President therefore does not merely complete the unexpired portion of the previous Vice-President’s term.
Example
Suppose a Vice-President resigns after serving two years.
A new Vice-President is elected to fill the vacancy.
The new Vice-President receives a fresh five-year term from the date of entering office.
Article 68 and Article 67
Articles 67 and 68 are closely connected.
Article 67 → Term, resignation and removal of Vice-President
Article 68 → Election to fill a vacancy in the office
Article 67 explains how the office may become vacant, while Article 68 provides for the election to fill that vacancy.
Article 68 and Article 66
Article 66 deals with the election of the Vice-President and the qualifications for the office.
Article 68 deals specifically with when an election must be held to fill a vacancy.
Therefore:
Article 66 → How the Vice-President is elected
Article 68 → When an election is held to fill a vacancy
Article 68 and Article 63
Article 63 establishes the office of Vice-President.
Article 68 ensures that the office can be filled through a constitutionally prescribed election when a vacancy occurs.
Article 68 and Article 64
Article 64 makes the Vice-President the ex officio Chairman of Rajya Sabha.
When a vacancy occurs in the office of Vice-President, the office of Chairman is consequently affected because the Chairmanship is attached to the Vice-Presidential office.
The constitutional framework therefore provides for the election of a new Vice-President under Article 68.
Article 68 and Article 65
Article 65 concerns the Vice-President acting as President or discharging presidential functions.
If the Vice-President’s office becomes vacant while the Vice-President is performing such functions, other constitutional provisions govern the resulting situation.
Article 68 specifically concerns the election to fill the Vice-Presidential vacancy.
Difference Between Presidential and Vice-Presidential Vacancies
The Constitution prescribes different rules for casual vacancies.
| President | Vice-President |
|---|---|
| Article 62 | Article 68 |
| Casual vacancy must be filled by election as soon as possible | Casual vacancy must be filled by election as soon as possible |
| Election must be held within six months | No six-month outer limit expressly prescribed |
| New President gets a full five-year term | New Vice-President gets a full five-year term |
This distinction is particularly important when comparing Articles 62 and 68.
Normal Vacancy vs Casual Vacancy
| Basis | Expiry of Term | Casual Vacancy |
|---|---|---|
| Cause | Completion of five-year term | Death, resignation, removal or otherwise |
| Election | Before expiry of existing term | As soon as possible |
| New Office-holder | Elected successor | Newly elected Vice-President |
| Term of New Vice-President | Five years | Full five years |
| Six-month limit | Not applicable | Not prescribed by Article 68 |
Does the Outgoing Vice-President Continue After the Term?
Yes.
Under Article 67, the Vice-President continues in office after the expiry of the five-year term until the successor enters office.
Article 68(1) requires the election to fill the vacancy caused by expiry of the term to be completed before the term expires.
Together, these provisions ensure continuity in the office.
Does Article 68 Prescribe the Electoral College?
No.
The electoral college and method of election are provided under Article 66.
Article 68 primarily deals with the timing of the election.
Who Elects the New Vice-President?
The election is conducted according to Article 66.
The Vice-President is elected by the members of both Houses of Parliament, using proportional representation by means of the single transferable vote and secret ballot.
Important Features of Article 68
1. Election Before Term Expiry
Where the vacancy will occur because of expiry of the normal term, the election must be completed before the existing term expires.
2. Casual Vacancy
Article 68 also applies when the Vice-President’s office becomes vacant before the normal term ends.
3. Election as Soon as Possible
A casual vacancy must be filled through election as soon as possible.
4. No Six-Month Limit
Unlike Article 62, Article 68 does not specify a six-month outer limit for filling a casual Vice-Presidential vacancy.
5. Fresh Five-Year Term
A person elected to fill a casual vacancy receives a full five-year term.
Article 68 at a Glance
| Point | Constitutional Position |
|---|---|
| Article | Article 68 |
| Subject | Time of holding election to fill Vice-Presidential vacancy |
| Normal vacancy | Election completed before expiry of term |
| Casual vacancy | Election held as soon as possible |
| Six-month limit | No specific six-month limit |
| Causes of casual vacancy | Death, resignation, removal or otherwise |
| Term of newly elected Vice-President | Full 5 years |
| Election procedure | Article 66 |
| Related provision | Article 67 |
Article 68 and Related Constitutional Provisions
| Article | Subject |
|---|---|
| Article 63 | Vice-President of India |
| Article 64 | Vice-President as Chairman of Rajya Sabha |
| Article 65 | Vice-President acting as President |
| Article 66 | Election of Vice-President |
| Article 67 | Term, resignation and removal |
| Article 68 | Election to fill vacancy |
| Article 69 | Oath or affirmation |
| Article 70 | Other contingencies relating to President |
| Article 71 | Election disputes |
Common Confusions
Is There a Six-Month Limit for a Casual Vice-Presidential Vacancy?
No.
Article 68 requires the election to be held as soon as possible, but unlike Article 62, it does not expressly prescribe a six-month maximum.
Does a New Vice-President Complete the Previous Term?
No.
A person elected to fill a casual vacancy gets a fresh five-year term.
Must the Election Be Held Before the Existing Term Expires?
Yes, where the vacancy is caused by the expiry of the normal term.
Does Article 68 Explain How the Vice-President Is Elected?
No.
The method and electoral college are provided under Article 66.
What Is a Casual Vacancy?
A vacancy arising before the normal expiry of the term, such as through death, resignation, removal or otherwise.
Is the Vice-President Automatically Replaced by the Deputy Chairman of Rajya Sabha?
No.
The Deputy Chairman may perform the Chairman’s functions when required, but does not become the Vice-President.
The new Vice-President must be elected according to the Constitution.
Quick Revision
- Article 68 → Election to fill a vacancy in the office of Vice-President.
- Election caused by expiry of the normal term must be completed before the term expires.
- A casual vacancy may arise due to death, resignation, removal or otherwise.
- A casual vacancy must be filled by election as soon as possible.
- Article 68 does not prescribe a six-month outer limit.
- A person elected to fill a casual vacancy gets a fresh five-year term.
- Article 66 → Method and electoral college for Vice-Presidential election.
- Article 67 → Term, resignation and removal.
- Article 68 → Timing of election to fill vacancy.
- Article 69 → Oath or affirmation.
- Article 71 → Election disputes.
Conclusion
Article 68 provides the constitutional framework for holding elections to fill a vacancy in the office of Vice-President. Where the vacancy is caused by the expiry of the normal term, the election must be completed before the term expires. Where a casual vacancy occurs because of death, resignation, removal or otherwise, the election must be held as soon as possible.
Unlike Article 62, Article 68 does not prescribe a specific six-month deadline for a casual Vice-Presidential vacancy. A person elected to fill such a vacancy receives a full five-year term from the date of entering office.
The key point to remember is:
Article 68 → Election to fill a Vice-Presidential vacancy must be completed before expiry of the normal term, while a casual vacancy must be filled by election as soon as possible; the newly elected Vice-President gets a full five-year term.
