Understanding Vice President Removal and Office Vacancy

Let's analyze what happens according to the Indian Constitution when the Vice President is removed from their office.

Process of Vice President Removal

The Vice President can be removed from office by a resolution of the Rajya Sabha passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha. This process is initiated in the Rajya Sabha.

Consequences of Vice President Removal or Vacancy

According to Article 68(1) of the Constitution of India:

• An election to fill a vacancy in the office of Vice-President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy.
• 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.

This means that when the office of the Vice President becomes vacant due to removal (or other reasons like death or resignation), the Constitution mandates that an election should be held promptly to fill the vacancy for a full five-year term for the new incumbent.

Importantly, the Constitution does not make any provision for an 'Acting Vice President' in case of such a vacancy. The office remains vacant until a new Vice President is elected through the constitutionally prescribed election process.

Analyzing the Options

• Option 1: Till the new election of Vice President, the office will be vacant. This aligns directly with the constitutional provision in Article 68(1). The office is vacant, and an election is to be held as soon as possible.
• Option 2: The President will nominate Acting Vice President. The Indian Constitution does not give the President the power to nominate an Acting Vice President.
• Option 3: The Parliament will elect Acting Vice President. The Constitution does not provide for Parliament to elect an 'Acting Vice President'. The election for the Vice President is a specific process involving members of both Houses of Parliament constituting the electoral college.
• Option 4: The Deputy Chairman of Rajya Sabha will act as Acting Vice President. The Deputy Chairman of the Rajya Sabha performs the duties of the Chairman (who is the Vice President) when the Chairmanship is vacant or when the Vice President is acting as President. However, the Deputy Chairman does not act as the Vice President themselves when the office of Vice President is vacant.

Based on the constitutional position, the office of the Vice President remains vacant until a new election is conducted.