Vice President post vacant: What the Constitution says about the election timeline

India's second-highest constitutional office is now vacant following Vice President Jagdeep Dhankhar's resignation due to health reasons. As per constitutional provisions, the election to appoint his successor must be held "as soon as possible".

Clause 2 of Article 68 states: "An election to fill a vacancy in the office of the 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 clarifies, "The person elected to fill the vacancy shall be entitled to hold office for the full term of five years from the date on which he enters upon his office."

While the Constitution outlines how the election must be held, it does not specify who carries out the general responsibilities of the vice president when the post is vacant. The only clause deals with his role as Rajya Sabha chairperson, which "shall be performed, during the period of such vacancy, by the deputy chairperson or any other member of the Rajya Sabha authorised by the President of India."

The resignation is deemed effective once accepted by the President. President Droupadi Murmu accepted Dhankhar's resignation on Tuesday.

As per the Constitutional text, "The vice president may vacate his office by submitting his resignation to the President."

The process of election is governed by Article 66, which mandates that the vice president shall be elected by an Electoral College consisting of members of both the Lok Sabha and Rajya Sabha, voting through "a system of proportional representation by means of the single transferable vote" by secret ballot.

To qualify as a candidate, the individual must be a citizen of India, at least 35 years of age, and qualified for election as a Rajya Sabha member. A person is disqualified if they "hold any office of profit under the Government of India or of a state government or under any local or other authority subject to the control of any of the said governments."

The vice president serves a five-year term, but can remain in office beyond the expiry until the successor assumes charge. During any period when the vice president acts as President, he does not perform the duties of Rajya Sabha chairperson and is not entitled to any salary or allowances payable to the chairperson of the Upper House.