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Vice-President's Succession and Vacancy

UPSC Civil Services• POLITY• Union Executive• Vice-President's Succession and Vacancy
Explains the constitutional provisions governing vacancy and succession to the office of the Vice-President. Covers Articles 63, 64, 65, 67, 68, 69, 70 and 71; causes of vacancy, resignation, removal, death, expiry of term, the requirement to hold a fresh election as soon as possible, the full five-year term of a newly elected Vice-President, the Vice-President's role as Acting President, Rajya Sabha continuity, UPSC Prelims facts and traps, and a Mains answer framework.

Vice-President's Succession and Vacancy

Introduction

The Constitution provides a specific mechanism for dealing with vacancies in the office of the Vice-President.

The main provisions are:

  • Article 63 — Office of Vice-President
  • Article 65 — VP acting as President
  • Article 67 — Term and removal
  • Article 68 — Election to fill vacancy
  • Article 69 — Oath
  • Article 71 — Election disputes

The Constitution ensures that a vacancy in the office of Vice-President does not create a constitutional vacuum.


1. Vice-President's Office

Article 63 provides:

There shall be a Vice-President of India.

The Vice-President has two important constitutional roles:

  1. Vice-President of India
  2. Ex-officio Chairman of Rajya Sabha

2. How Can a Vacancy Arise?

The office of Vice-President may become vacant due to:

  • Expiry of term
  • Resignation
  • Removal
  • Death
  • Otherwise ceasing to hold office

3. Article 67

Article 67 deals primarily with:

  • Term of Vice-President
  • Resignation
  • Removal

The normal term is:

Five Years


4. Resignation

The Vice-President resigns by writing addressed to:

President


5. Removal

The Vice-President is removed through:

A resolution of Rajya Sabha

which must be:

Agreed to by Lok Sabha


6. Removal Is Not Impeachment

Unlike the President:

President

Impeachment

Vice-President

Removal Resolution

Therefore, the Vice-President is:

Not Impeached


7. Notice for Removal

A resolution for removal of the Vice-President requires:

At least 14 days' notice


8. State Legislatures Have No Role

State Legislatures do not participate in the removal of the Vice-President.

The procedure involves:

Rajya Sabha + Lok Sabha


9. Vacancy Due to Expiry of Term

The election to replace the Vice-President should be completed:

Before the expiry of the term

This ensures continuity of the office.


10. Casual Vacancy

If a vacancy occurs before the normal expiry of the term because of:

  • Death
  • Resignation
  • Removal
  • Other reasons

a new election must be held:

As soon as possible


11. Important Difference from President

For a casual vacancy in the:

President's Office

Election must be held:

Within six months

Vice-President's Office

Election must be held:

As soon as possible

The Constitution does not prescribe the same six-month period for a Vice-Presidential casual vacancy.


12. New Vice-President's Term

A person elected to fill a casual vacancy:

Serves a full five-year term

from the date of entering office.

The person does not merely complete:

The predecessor's remaining term


13. Important Prelims Fact

A Vice-President elected after a casual vacancy receives:

A Fresh Five-Year Term


14. Temporary Vacancy

The Constitution does not create a separate permanent succession line for a temporary inability of the Vice-President comparable to the detailed mechanism for the President.

The office itself remains constitutionally established.


15. If Vice-President Becomes President

Under:

Article 65

the Vice-President may act as President when:

  • The office of President becomes vacant
  • The President is unable to discharge functions

16. Vice-President Acting as President

When the Vice-President acts as President:

the Vice-President:

Does not perform the duties of Chairman of Rajya Sabha

during that period.


17. Vacancy in VP Office During Presidential Vacancy

If the office of Vice-President is vacant while the President's office also becomes vacant, the Constitution provides for another arrangement under:

Article 70

Parliament may make provisions for such contingencies.


18. Does Prime Minister Automatically Become VP?

No.

The Prime Minister does not automatically succeed to the office of Vice-President.

The Constitution requires:

Election of a Vice-President


19. Does President Appoint the Vice-President?

No.

The Vice-President is:

Elected

not appointed by the President.


20. Election to Fill VP Vacancy

The election is conducted by the:

Election Commission of India

under the constitutional and statutory framework.


21. Electoral College

The Vice-President is elected by:

Members of Both Houses of Parliament

This includes:

  • Elected MPs
  • Nominated MPs

22. State Legislatures

State Legislative Assemblies:

Do Not Participate

in the election of the Vice-President.


23. Election Method

The Vice-President is elected through:

Proportional Representation

by:

Single Transferable Vote

using:

Secret Ballot


24. Value of Votes

Every participating MP has:

Equal Vote Value

There is no weighted State-based voting system.


25. New Election After Vacancy

A vacancy therefore results in:

Fresh Election

rather than automatic succession by another constitutional office-holder.


26. VP Vacancy and Rajya Sabha

Because the Vice-President is the:

Ex-officio Chairman of Rajya Sabha

a vacancy means that the office of Chairman becomes vacant as well.

The functioning of Rajya Sabha continues through the constitutional and parliamentary arrangements for presiding over the House.


27. Deputy Chairman of Rajya Sabha

The:

Deputy Chairman

can perform the functions of the Chairman when authorised under the constitutional and parliamentary framework.

This ensures continuity in the functioning of Rajya Sabha.


28. Does Deputy Chairman Become Vice-President?

No.

The Deputy Chairman does not become Vice-President.

The Deputy Chairman only performs the relevant parliamentary functions of the Chairman when required.


29. President and Vice-President Vacancies

The two offices have different constitutional mechanisms.

President

Vice-President acts as President during vacancy.

Vice-President

No equivalent permanent automatic successor is provided.

A:

Fresh Election

is held.


30. President's Succession vs VP's Succession

PresidentVice-President
Article 62Article 68
Casual vacancy filled within 6 monthsElection as soon as possible
VP acts as PresidentNo automatic successor to VP
New President gets full 5-year termNew VP gets full 5-year term
Election by Presidential electoral collegeElection by Members of Parliament

31. Vacancy Due to Resignation

Vice-President

Resignation addressed to:

President

After resignation:

Office becomes vacant

and a fresh election is required.


32. Vacancy Due to Removal

If removed:

Office becomes vacant

A fresh election is held:

As soon as possible


33. Vacancy Due to Death

If Vice-President dies:

Office becomes vacant

A fresh election is held:

As soon as possible


34. Vacancy Due to Expiry

When normal term expires:

the successor should be elected:

Before the expiry of the term


35. Does the Previous VP Continue Indefinitely?

No.

The Vice-President's constitutional term ends according to Article 67, subject to the Constitution's provisions concerning continuation until a successor enters office.


36. Important Distinction

Acting President

Vice-President temporarily performs:

Presidential Functions

New Vice-President

Must be:

Elected Separately


37. Article 68

Article 68 deals with:

Election to fill a vacancy in the office of Vice-President


38. Article 68 — Two Situations

Expiry of Term

Election must be completed:

Before expiry

Casual Vacancy

Election must be held:

As soon as possible


39. Article 71

Election disputes relating to Vice-President are decided by:

Supreme Court


40. Constitutional Continuity

The vacancy provisions ensure:

  • Continuity of constitutional offices
  • Continuity of parliamentary functioning
  • Timely election
  • Avoidance of indefinite vacancies

41. UPSC PRELIMS FACTS

Fact 1

Vice-President's normal term:

Five Years


Fact 2

VP resigns to:

President


Fact 3

VP is removed by:

Rajya Sabha resolution agreed to by Lok Sabha


Fact 4

Removal requires:

14 Days' Notice


Fact 5

VP is:

Not Impeached


Fact 6

Casual vacancy is filled:

As soon as possible


Fact 7

New VP gets:

Full Five-Year Term


Fact 8

VP is elected by:

Members of Both Houses of Parliament


Fact 9

Nominated MPs:

Can Vote


Fact 10

State MLAs:

Cannot Vote


Fact 11

VP election uses:

PR + STV + Secret Ballot


Fact 12

VP election disputes:

Supreme Court


UPSC PRELIMS TRAPS

Trap 1

Vice-President is appointed by President.

False.

The Vice-President is:

Elected


Trap 2

Vice-President is elected by State Legislative Assemblies.

False.

Only:

Members of Parliament

participate.


Trap 3

Nominated MPs cannot vote in VP election.

False.

They:

Can Vote


Trap 4

Vice-President is removed through impeachment.

False.

Removal is through:

Rajya Sabha resolution agreed to by Lok Sabha


Trap 5

Vice-President vacancy must be filled within six months.

False.

The Constitution says:

As soon as possible


Trap 6

New VP after casual vacancy completes only the predecessor's remaining term.

False.

The new VP receives:

Full Five-Year Term


Trap 7

Prime Minister automatically becomes Vice-President when the office is vacant.

False.


Trap 8

Deputy Chairman of Rajya Sabha becomes Vice-President during vacancy.

False.


Trap 9

Vice-President can remain Chairman of Rajya Sabha while acting as President.

False.

The VP does not perform Chairman's duties while acting as President.


Trap 10

State Legislative Councils participate in VP election.

False.


MAINS RELEVANCE

42. Constitutional Continuity

The vacancy mechanism ensures that the Vice-Presidential office is restored through:

Timely Election

rather than indefinite vacancy.


43. Parliamentary Continuity

Because the Vice-President chairs Rajya Sabha, continuity in the office supports:

Effective Functioning of the Upper House


44. Democratic Legitimacy

The Constitution requires:

Fresh Election

rather than automatic appointment of a successor.


45. Institutional Stability

The constitutional framework distinguishes:

Temporary Acting Functions

from:

Permanent Constitutional Office


MAINS ANSWER FRAMEWORK

For:

"Explain the constitutional provisions relating to vacancy and succession to the office of the Vice-President."

Introduction

The Constitution establishes a specific mechanism under Articles 67 and 68 to ensure continuity in the office of the Vice-President.

Body

Causes of Vacancy

  • Expiry of term
  • Resignation
  • Removal
  • Death
  • Other causes

Casual Vacancy

Election:

As soon as possible

New Vice-President

Receives:

Full Five-Year Term

Presidential Vacancy

VP may act as President under:

Article 65

Parliamentary Continuity

The Deputy Chairman and parliamentary procedures ensure continued functioning of Rajya Sabha.

Conclusion

The mechanism balances continuity, democratic legitimacy and parliamentary stability.


READY-MADE MAINS INTRODUCTION

"The Constitution provides a clear mechanism for dealing with vacancies in the office of the Vice-President. Articles 67 and 68 ensure that vacancies are followed by timely elections, while Article 65 separately enables the Vice-President to perform presidential functions when required."


READY-MADE MAINS CONCLUSION

"The constitutional scheme therefore avoids both a permanent vacancy and an automatic hereditary or administrative succession, combining institutional continuity with democratic election."


IMPORTANT ARTICLES

ArticleSubject
63Office of Vice-President
64Chairman of Rajya Sabha
65VP acting as President
67Term and removal
68Election to fill VP vacancy
69Oath
70Other contingencies
71Election disputes

PRESIDENT vs VICE-PRESIDENT VACANCY

FeaturePresidentVice-President
Main vacancy Article6268
Casual vacancyElection within 6 monthsElection as soon as possible
Acting arrangementVP acts as PresidentNo automatic successor
New office-holderFull 5-year termFull 5-year term
ResignationTo VPTo President
RemovalImpeachmentRajya Sabha resolution + Lok Sabha agreement

ONE-MINUTE REVISION

VP Vacancy

↓

Death / Resignation / Removal / Other

↓

Article 68

↓

Election as soon as possible

↓

New Vice-President

↓

Fresh Five-Year Term


VP as President

↓

Article 65

↓

President's Vacancy / Inability

↓

VP Acts as President

↓

Does not perform Rajya Sabha Chairman's duties


FINAL MASTER FORMULA

Vice-President's Succession

↓

No Automatic Permanent Successor

↓

Fresh Election

↓

As Soon As Possible

↓

Full Five-Year Term

Article 65

↓

VP Can Act as President

↓

Constitutional Continuity + Democratic Legitimacy