Article 68 of the Costitution of India with Case law
Article 68 of the Constitution of India
Title: 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
Text of Article 68:
68(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.
68(2): An election to fill a vacancy in the office of Vice-President occurring by reason of 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 be entitled to hold office for the full term of five years from the date on which he enters upon his office.
Explanation:
Article 68 provides the procedure and timeline for conducting elections to the office of the Vice-President of India under two circumstances:
Sub-clause (1): If the term of the Vice-President is ending normally (after 5 years), the election must be completed before the term expires.
Sub-clause (2): If the vacancy is unexpected (due to death, resignation, removal, etc.), the election should be held as soon as possible, and the new Vice-President will get a fresh 5-year term from the date of assuming office.
Key Features:
Continuity in Office: Ensures that the office of Vice-President is not left vacant.
Fresh Term on Casual Vacancy: Even if a person is elected mid-term due to a vacancy, he/she is entitled to a full 5-year term, not just the remainder.
Vice-President as Rajya Sabha Chairperson: This article ensures uninterrupted functioning of the Council of States (Rajya Sabha) by maintaining the office of the Vice-President.
Relevant Case Law:
There are limited direct case laws specifically on Article 68, but some constitutional provisions and judgments have addressed related issues concerning election procedures, constitutional vacancies, and tenure.
1. M.S. Gill v. Chief Election Commissioner (1978 AIR 851)
Relevance: Upheld the powers of the Election Commission to conduct and regulate elections, including those of the President and Vice-President.
Held: The Election Commission has plenary powers to ensure free and fair elections, including when vacancies arise under Article 68.
2. Krishna Kumar Singh v. State of Bihar (2017 3 SCC 1)
Relevance: Though not about Article 68 directly, it addressed continuity in constitutional functions and handling of gaps in authority, supporting the constitutional need for timely elections.
3. Election Commission of India v. Dr. Subramanian Swamy (1996)
Relevance: Clarified timelines for holding elections in case of vacancies, supporting the urgency indicated in Article 68(2).
Conclusion:
Article 68 ensures timely succession in the Vice-President’s office, whether regular or due to unforeseen circumstances.
It reflects the constitutional priority to prevent any vacuum in high offices and preserve institutional continuity.
While there is no major landmark case directly under Article 68, the principle has been acknowledged in election-related jurisprudence and administrative practices.
RELATED Blog
0 comments