Article 68

Article 68 of the Constitution of India provides for the procedure and timing of elections to fill vacancies in the office of the Vice-President. This article ensures that the office of the Vice-President remains continuously occupied and that the constitutional machinery functions without interruption. By stipulating timelines and procedures for both regular and casual vacancies, Article 68 reinforces the principles of continuity and democratic legitimacy in India’s constitutional framework.

Purpose and Context of Article 68

The office of the Vice-President holds dual importance in India’s constitutional scheme — as the second-highest executive authority and as the ex-officio Chairman of the Rajya Sabha. To maintain stability in both executive and legislative functions, the framers of the Constitution incorporated Article 68 to guarantee that elections are conducted within appropriate timeframes whenever a vacancy arises. This provision prevents administrative or procedural delays that could otherwise disrupt the smooth functioning of the Union government.

Provisions and Clauses of Article 68

Clause (1): Election Before Expiry of TermArticle 68(1) mandates that an election to fill a vacancy caused by the expiry of the Vice-President’s term must be completed before the expiration of the term. This clause ensures that a duly elected successor is ready to assume office immediately after the incumbent’s tenure ends, preventing any lapse in authority.
Clause (2): Election in Case of Casual VacancyUnder Article 68(2), if a vacancy occurs due to death, resignation, removal, or any other reason, the election must be conducted as soon as possible after the occurrence of the vacancy. The person elected to fill such a vacancy serves a full five-year term from the date of assuming office, not merely the remainder of the predecessor’s term. This provision distinguishes the Vice-President’s office from other posts where successors may serve only the unexpired portion of a term.

Relation to Other Constitutional Provisions

Article 68 must be read in conjunction with related articles that govern the office of the Vice-President:

• Article 63: Establishes the office of the Vice-President of India.
• Article 66: Prescribes the procedure for the election of the Vice-President.
• Article 67: Defines the term of office and the conditions for resignation or removal.Together, these articles create a coherent legal framework ensuring the Vice-President’s position remains consistently filled, promoting constitutional continuity.

Election Procedure and Role of the Election Commission

The Election Commission of India (ECI) is the constitutional body responsible for conducting the election of the Vice-President under the provisions of Article 68, read with Article 324. The election is carried out using the system of proportional representation by means of the single transferable vote, and voting is conducted through a secret ballot.
The Election Commission determines the election schedule, issues notifications, and ensures compliance with the Representation of the People Act, 1951, which governs the procedural details. The ECI’s responsibility to conduct elections “as soon as possible” after a vacancy underscores its constitutional duty to maintain institutional stability.

Significance of Timely Elections

The timely election of the Vice-President holds immense constitutional and political importance. The Vice-President’s absence could lead to a temporary void in the functioning of the Rajya Sabha and in the line of succession to the President of India. Hence, Article 68 ensures that:

• The transition of power occurs seamlessly.
• The legislative machinery continues to function without disruption.
• There is no administrative uncertainty or constitutional deadlock.

By mandating advance elections in cases of regular term completion and prompt elections in cases of unforeseen vacancies, the article upholds the principle of continuity in governance — a foundational feature of Indian democracy.

Judicial Interpretation and Case Law

Although there are no direct Supreme Court judgments interpreting Article 68, related judicial pronouncements have reaffirmed the significance of timely elections and continuity in governance:

• Kuldip Nayar v. Union of India (2006): The Court underscored the importance of holding elections promptly to maintain the representative nature of parliamentary institutions.
• Indira Gandhi v. Raj Narain (1975): While primarily addressing electoral disputes, the judgment highlighted the constitutional sanctity of elections as a means of democratic legitimacy.

These rulings reinforce the broader constitutional principle embedded in Article 68 — that regular and transparent elections are vital to the functioning of the State.

Historical Background and Intent of the Framers

The inclusion of Article 68 in the original Constitution (1950) reflected the framers’ intent to prevent any vacuum in the highest constitutional offices. During the Constituent Assembly debates, members emphasised the necessity of ensuring that both the President and Vice-President’s offices remain occupied at all times. The drafters recognised that any prolonged vacancy could disrupt the functioning of the legislature and the executive, particularly since the Vice-President is constitutionally required to step in as acting President under Article 65 if the need arises.

Practical Implications

In practice, the Election Commission ensures that elections for the Vice-President are completed before the incumbent’s term expires, typically within the last two months of tenure. In the rare event of an unforeseen vacancy — such as resignation or death — the Commission is constitutionally obliged to conduct elections at the earliest possible date.
The clause “as soon as possible” grants limited flexibility to the Election Commission, enabling it to manage administrative or logistical constraints while adhering to constitutional principles. Nevertheless, delays beyond a reasonable period could invite judicial scrutiny or parliamentary intervention to uphold constitutional obligations.

Comparative Perspective

Provisions similar to Article 68 exist in other democratic constitutions to guarantee continuity in executive leadership. For instance:

• In the United States, the Vice-President’s vacancy is filled through a nomination by the President, confirmed by both Houses of Congress under the Twenty-Fifth Amendment.
• In Britain, though the office of Vice-President does not exist, provisions for immediate succession and appointment in high offices serve comparable functions.

These parallels underscore the universal constitutional objective of preventing administrative gaps in governance.

Significance in the Indian Constitutional Framework

Article 68 reinforces the resilience and foresight of India’s constitutional design. By ensuring that elections are conducted in advance or promptly upon vacancies, it safeguards the uninterrupted functioning of constitutional offices. The provision balances procedural flexibility with democratic responsibility, entrusting the Election Commission to uphold both timeliness and transparency.