The Constitution of India provides a clear framework for the election of the Vice-President, including what must happen if the office falls vacant due to resignation, death, or removal.

According to Article 66 of the Constitution, the Vice-President is elected by an Electoral College comprising members of both Lok Sabha and Rajya Sabha. The process is conducted through proportional representation by means of a single transferable vote, and voting is done by secret ballot.

If a Vice-President resigns, a new election must be held within six months to fill the vacancy. During this period, the Deputy Chairman of the Rajya Sabha may preside over its proceedings, but the Vice-President’s constitutional roles remain vacant.

Importantly, MPs in the Electoral College are not bound by party whip and can vote freely, giving the election a unique character compared to other constitutional posts.

The new Vice-President will serve a full five-year term, not just the remainder of the predecessor’s term, as per constitutional conventions.