Debate erupts as Maharashtra Governor C.P. Radhakrishnan contests Vice-Presidential election without resigning office
AS INDIA PREPARES for the Vice-Presidential election on September 9, Maharashtra Governor C.P. Radhakrishnan’s decision to remain in office while contesting has stirred a debate that goes beyond law — touching the very core of democratic conventions and fairness.
The controversy was triggered by a public representation from Hemant Kumar, an advocate at the Punjab & Haryana High Court, addressed to President Droupadi Murmu, the Election Commission, and the Returning Officer. Kumar argued that while the Constitution permits a sitting Governor to contest, conventions and fairness demand resignation before filing nomination.
“One candidate, of the ruling elite, is the incumbent Governor enjoying all privileges of office, while the other is merely a retired judge deprived of such benefits. This raises questions of fairness and even possible violation of the Model Code of Conduct,” Kumar wrote.
Law vs. Established Practice
Article 66(4) of the Constitution offers clear protection: a person shall not be deemed to hold an office of profit simply by being the President, Vice-President, Governor, or Minister. By that measure, Radhakrishnan’s candidature is fully valid.
What Article 66(4) Says
A person shall not be deemed to hold any office of profit merely because they are the President, Vice-President, Governor of a State, or a Minister (Union or State). This means a sitting Governor like C.P. Radhakrishnan is not disqualified from contesting the Vice-Presidential election.
However, past practice shows Governors and Union Ministers typically resigned before filing nominations, in order to maintain neutrality and fairness. The current debate is less about legality, and more about whether ignoring convention undermines democratic propriety.
Breaking with Tradition
Kumar’s memorandum recalls how successive incumbents — from Jagdeep Dhankhar in 2022 to Ram Nath Kovind in 2017 and Pratibha Patil in 2007 — resigned their posts before entering the fray. Others like M. Venkaiah Naidu (2017), Pranab Mukherjee (2012), Fakhruddin Ali Ahmed (1974), Giani Zail Singh (1982), and R. Venkataraman (1982) also stepped down from ministerial offices before contesting Presidential or Vice-Presidential elections.
By not resigning, Radhakrishnan departs from this tradition, raising concerns that the neutrality of the contest may be compromised.
Concerns Over Fairness
The heart of the debate lies in the principle of a level playing field. As a sitting Governor, Radhakrishnan retains the stature, privileges, and symbolic authority of Raj Bhavan. His rival, a retired Supreme Court judge, competes without similar resources.
“This creates an uneven contest,” Kumar argued, cautioning that it could breach principles of natural justice as well as the Model Code of Conduct. Constitutional experts speaking on condition of anonymity echoed this concern:
“The Constitution may protect him, yes. But conventions exist to uphold democratic legitimacy. Disregarding them may not nullify the election, yet it undermines public trust.”
Political Stakes and Precedent
The Election Commission has not commented on Kumar’s representation, nor has Rashtrapati Bhavan. But analysts suggest that silence itself underscores the tension between constitutional text and constitutional morality.
For the ruling alliance, defending Radhakrishnan’s choice may be legally sound but politically awkward. The Opposition, meanwhile, is expected to contrast his stance with Vice-President Jagdeep Dhankhar’s resignation in 2022, framing it as a question of ethics versus entitlement.
When lawmakers cast their ballots on September 9, they will decide not only who becomes India’s next Vice-President but also whether the unwritten conventions that once guided such elections will continue to hold sway — or quietly give way to bare constitutional legality. 
_________
Also Read:
Vote Chori Yatra: Rahul’s Bihar Gamble
Team PT
punjabtodaynews@gmail.com
Disclaimer : PunjabTodayNews.com and other platforms of the Punjab Today group strive to include views and opinions from across the entire spectrum, but by no means do we agree with everything we publish. Our efforts and editorial choices consistently underscore our authors’ right to the freedom of speech. However, it should be clear to all readers that individual authors are responsible for the information, ideas or opinions in their articles, and very often, these do not reflect the views of PunjabTodayNews.com or other platforms of the group. Punjab Today does not assume any responsibility or liability for the views of authors whose work appears here.
Punjab Today believes in serious, engaging, narrative journalism at a time when mainstream media houses seem to have given up on long-form writing and news television has blurred or altogether erased the lines between news and slapstick entertainment. We at Punjab Today believe that readers such as yourself appreciate cerebral journalism, and would like you to hold us against the best international industry standards. Brickbats are welcome even more than bouquets, though an occasional pat on the back is always encouraging. Good journalism can be a lifeline in these uncertain times worldwide. You can support us in myriad ways. To begin with, by spreading word about us and forwarding this reportage. Stay engaged.
— Team PT