Article 68 of the Indian Constitution: Time of Holding Election to Fill Vacancy in the Office of Vice-President and the Term of Office of Person Elected to Fill Casual Vacancy

12/18/20232 min read

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Introduction

The Indian Constitution is a comprehensive document that lays down the framework for the functioning of the government and its various institutions. Article 68 of the Indian Constitution deals with the time of holding an election to fill a vacancy in the office of the Vice-President and the term of office of the person elected to fill a casual vacancy. This article ensures the smooth transition and continuity of the Vice-President's office in case of any unforeseen circumstances.

Time of Holding Election

Article 68 states that in the event of a vacancy in the office of the Vice-President, an election to fill the vacancy shall be held within six months from the date of the occurrence of the vacancy. This provision ensures that the office of the Vice-President is not left vacant for an extended period of time, thus maintaining the proper functioning of the government.

The Constitution also provides for the appointment of an acting President during any period when the Vice-President is acting as, or discharging the functions of, the President. This ensures that there is no leadership vacuum in the country in case both the President and Vice-President are unable to discharge their duties.

Term of Office

The term of office of the person elected to fill a casual vacancy in the office of the Vice-President is determined by Article 67 of the Indian Constitution. According to Article 67, the Vice-President holds office for a term of five years from the date on which he enters upon his office.

However, if a person is elected to fill a casual vacancy in the office of the Vice-President, the period for which the Vice-President so elected would hold office will be determined by the remaining period of the term of the Vice-President in whose place he is elected. In simple terms, the person elected to fill a casual vacancy serves only for the remaining period of the term of the Vice-President being replaced.

For example, if a Vice-President resigns or is removed from office after serving two years of his term, the person elected to fill the vacancy will serve as Vice-President for the remaining three years of the original term.

Role and Responsibilities of the Vice-President

The Vice-President of India is the second-highest constitutional office in the country, after the President. The Vice-President serves as the ex-officio Chairman of the Rajya Sabha, the upper house of the Parliament of India. The Vice-President also acts as the President of India in the absence of the President or when the President is unable to discharge his/her duties.

The Vice-President plays a crucial role in the functioning of the Indian Parliament. As the Chairman of the Rajya Sabha, the Vice-President presides over its sessions, maintains order, and ensures that the rules and procedures of the House are followed. The Vice-President also represents the Rajya Sabha in its relations with the President and the Lok Sabha, the lower house of Parliament.

Additionally, the Vice-President performs various ceremonial functions, such as swearing-in the President and Governors, and presenting awards and honors on behalf of the government.

Conclusion

Article 68 of the Indian Constitution ensures that the office of the Vice-President is not left vacant for an extended period of time. It mandates the timely holding of an election to fill any vacancy and determines the term of office of the person elected to fill a casual vacancy. The Vice-President plays a crucial role in the functioning of the Indian Parliament and acts as the President in the absence of the President. Understanding the provisions of Article 68 helps to ensure the smooth functioning and continuity of the Vice-President's office, which is vital for the effective functioning of the Indian government.