The Constitution of India
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
(1) 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.
(2) An election to fill a vacancy in the office of VicePresident occurring by reason of his death, resignation or 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.
Why this exists
The Constitution wanted to make sure the Vice-President's office, which is tied to presiding over the Rajya Sabha and standing in for the President when needed, is never left vacant for long. Article 68 mirrors similar continuity provisions for the President's office (Article 62), ensuring smooth transitions whether the vacancy is expected (end of term) or unexpected (death, resignation, removal).
Common misconceptions
- Myth: If a Vice-President is elected to fill a sudden vacancy, they only serve the remaining years of the previous Vice-President's term.
Fact: Article 68(2) clearly states they get a full fresh five-year term from the date they take office, not just the leftover period.