Actual Article
Article 68: 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
- 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.
- An election to fill a vacancy in the office of Vice-President occurring by reason of his death, resignation, removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and 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.
UPSC Notes for Article 68
Explanation:
- Scheduled Elections: Elections to fill a vacancy due to the expiration of the Vice-President’s term must be completed before the term ends.
- Casual Vacancies: In case of death, resignation, removal, or any other reason causing a vacancy, elections must be held as soon as possible to fill the vacancy.
- Full Term for Successor: The person elected to fill a casual vacancy holds office for a full term of five years from the date they assume office.
Key Points:
- Timely Elections: Ensures the position of Vice-President is never left vacant for long, maintaining continuity in the constitutional framework.
- Full Term Guarantee: Even in cases of casual vacancies, the elected Vice-President enjoys a full five-year term, ensuring stability and continuity in office.
Important Cases and Commissions Related to Article 68
Cases:
- Mohd. Saeed Siddiqui vs State of Uttar Pradesh (2014): Although not directly related to Article 68, it emphasized the importance of filling constitutional vacancies promptly to ensure smooth governance.
Commissions:
- National Commission to Review the Working of the Constitution (2000): Reviewed the election processes for high constitutional offices and recommended timely and efficient procedures.
- Election Commission of India: Regularly oversees the election process for the Vice-President, ensuring compliance with constitutional provisions and electoral laws.
Important Reports Related to Article 68
- Election Commission Reports: Document the process, challenges, and timelines associated with conducting elections for the office of the Vice-President.
- Parliamentary Standing Committee Reports: Examine the effectiveness and efficiency of the election process for filling vacancies in high constitutional offices.
Previous Year Prelims Questions Related to Article 68
- (UPSC Prelims 2015) An election to fill a vacancy in the office of Vice-President occurring by reason of his death, resignation, or removal must be held:
- A. Within three months
- B. Within six months
- C. As soon as possible after the occurrence of the vacancy
- D. Before the expiration of the term Correct Answer: C. As soon as possible after the occurrence of the vacancy
- (UPSC Prelims 2019) The person elected to fill a casual vacancy in the office of the Vice-President shall hold office for:
- A. The remainder of the term of the predecessor
- B. A full term of five years
- C. Until the next general election
- D. Until the President decides Correct Answer: B. A full term of five years
Previous Year Mains Questions Related to Article 68
- Mains 2016: “Discuss the significance of Article 68 in ensuring the continuity and stability of the office of the Vice-President. How does the provision for timely elections contribute to the smooth functioning of the Indian political system?”
- Mains 2020: “Analyze the importance of conducting timely elections to fill vacancies in high constitutional offices, as mandated by Article 68. What are the challenges and measures needed to uphold this constitutional provision?”
Additional Insights:
- Continuity in Governance: Article 68 ensures that the Vice-President’s office is never left vacant for an extended period, maintaining the stability and continuity of the executive branch.
- Electoral Efficiency: The requirement for timely elections highlights the importance of electoral efficiency and the proactive role of the Election Commission in upholding constitutional mandates.
- Full Term Assurance: Granting a full five-year term to a Vice-President elected to fill a casual vacancy ensures that the new officeholder has adequate time to contribute meaningfully to their role.
Understanding Article 68 is essential for UPSC aspirants as it provides insights into the constitutional mechanisms for maintaining the continuity and stability of the Vice-President’s office. This knowledge is crucial for both preliminary and main examinations, offering a comprehensive understanding of the procedures and principles guiding the election and term of the Vice-President in India’s constitutional framework.