Jagdeep Dhankhar resigns: When and how will next Vice-President be elected?

With Jagdeep Dhankhar stepping down citing medical reasons, Article 68 kicks off the process to elect a new Vice President by members of both Houses of Parliament

Vice President Jagdeep Dhankhar resigned from the post on Monday evening, citing medical reasons. Dhankhar stepping down from the post starts the process for the election of a new Vice President, which is enshrined under Article 68 of the Constitution.

 

Dhankhar, 74, had assumed office in August 2022, succeeding M Venkaiah Naidu. He becomes the third sitting Vice President to demit office before completing the full five-year term. Here’s a look at how and when the new Vice President will be elected, and the criteria for the post

 

What does Article 68 say?

  Article 68 of the Constitution deals with the timeframe and procedure for filling a vacancy in the office of the Vice President of India.

 

  The first clause of Article 68 states, “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.”

  The second clause deals with the scenario where the vacancy is created due to reason such as death, resignation or removal, or otherwise. 

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Timeline for electing new Vice President

  Unlike the Office of the President—where the Constitution mandates that a vacancy must be filled within six months—there is no such prescribed timeline for electing a new Vice President.  According to Article 68, the election for the Office of Vice President shall be held as soon as possible. The new Vice President will hold the office for the full term of five years from the day of assuming office, and not just complete the remainder of Dhankhar’s term.

 

How is the Vice President elected?

  The process for the election of the Vice President is defined under Article 66 of the Constitution. According to Article 66(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”.

 

Simply put, the election is conducted by an Electoral College comprising members of both the Lok Sabha and the Rajya Sabha, including nominated members. Unlike the election of the President, the members of state legislative assemblies do not participate in the election of the Vice President.

 

The proportional representation system by means of the single transferable vote (STV) ensures that the winning candidate secures a majority through ranked preferences. Members of Parliament mark their preferences on the ballot paper, and the votes are counted in rounds until a candidate reaches the required quota. The entire process is conducted through a secret ballot, upholding the confidentiality of voters’ choices. 

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What are the eligibility criteria?

  To be eligible for election as Vice President, a candidate must meet certain conditions laid down under Article 66(3). It states, “A person shall not be eligible for election as Vice-President unless he— (a) is a citizen of India; (b) has completed the age of thirty-five years; and (c) is qualified for election as a member of the Council of States.”

The candidate must not hold any office of profit under the Government of India, any state government, or any authority controlled by them. These disqualifications stem from constitutional and statutory provisions governing elections.

 

Who conducts the Vice President's election?

  The Election Commission oversees the process of the election of the Vice President. It announces the election schedule, scrutinises nominations, conducts the polling, and declares the results. In cases where only one candidate is validly nominated, they may be declared elected unopposed.

 

Who takes charge after Dhankhar?

  While the Constitution allows the Vice President to act as President in case of a vacancy, it does not provide for an acting Vice President. However, since the Vice President also serves as the ex-officio chairman of the Rajya Sabha, the responsibilities of chairing the Upper House will now be handled by the deputy chairman—currently Harivansh Narayan Singh—until a new Vice President is elected.