Resignation of Vice-President of India: What are the Constitutional Provisions, Procedures, and Implications of mid-term resignation of Vice-President? Read here to learn more.
On July 17, 2025, Vice-President of India, Jagdeep Dhankhar, submitted his resignation to President Droupadi Murmu under Article 67(a) of the Indian Constitution.
He becomes the third Vice President in Indian history to resign mid-term, after V.V. Giri and R. Venkataraman.
This significant constitutional event raises several questions regarding the procedures and implications of such a resignation.
Constitutional Provisions for Resignation of Vice-President of India
- Article 67(a): The Vice-President may resign from office by submitting a written resignation to the President. The resignation takes effect immediately upon submission.
- No Provision for Acting Vice-President: Unlike the President, there is no explicit provision for an Acting Vice President.
- Temporary Chairmanship of Rajya Sabha: As the Vice-President is also the ex-officio Chairman of the Rajya Sabha, their resignation creates a temporary gap in parliamentary functioning. In such a case, the Deputy Chairman of the Rajya Sabha presides over the House.
Election to Fill the Vacancy
- Timeline: The Constitution does not mandate a fixed time frame for electing a new Vice-President in case of mid-term resignation. However, it states that the election must be held “as soon as possible” (Article 68).
- Electoral College: Comprises elected and nominated members of both Houses of Parliament. State legislative assemblies do not participate in the election.
- Election Mechanism:
- Conducted via proportional representation with the single transferable vote system, by secret ballot.
- The Election Commission of India (ECI) conducts the election under the Presidential and Vice-Presidential Elections Act, 1952.
- The Secretary General of either House of Parliament usually acts as the Returning Officer on a rotational basis.
- Tenure: The newly elected Vice-President serves a full five-year term, irrespective of the remaining tenure of the outgoing Vice-President.
Key Constitutional Articles Related to the Vice-President
- Article 63: Mandates that there shall be a Vice-President of India.
- Articles 64 & 65: Define the Vice-President’s role as the Chairman of the Rajya Sabha and Acting President in the event of a vacancy in the Presidency.
- Article 66: Governs the election process of the Vice-President.
- Article 67: Provides terms, including conditions for resignation and removal.
- Article 69: Relates to the oath or affirmation taken by the Vice-President.
- Article 71: Addresses the manner of resolution of disputes relating to the election.
Role as Chairman of the Rajya Sabha
The Vice-President’s most visible role is as ex-officio Chairman of the Rajya Sabha, responsible for:
- Presiding over Sessions: Regulates proceedings and enforces discipline using powers like Rule 256, which permits suspension of members for disorderly conduct.
- Maintaining Neutrality: Acts as an impartial presiding officer, enabling free, fair, and structured debate.
- Casting Vote: Does not vote in the first instance but exercises a casting vote in the event of a tie (Article 100).
- Committee Referrals: Refers bills and motions to committees for examination and report.
- Administrative Oversight: Ensures the smooth functioning of the Rajya Sabha secretariat and operations.
- Limitations: Cannot certify a money bill or preside over joint sittings—these powers are exclusive to the Lok Sabha Speaker.
Removal Procedure
- The Vice-President can be removed by a resolution passed by the Rajya Sabha with an effective majority (more than 50% of the effective strength of the House) and agreed to by the Lok Sabha with a simple majority.
- A 14-day notice must be given before the resolution is moved, clearly stating the grounds.
Historical Context and Significance
- Only two Vice-Presidents have resigned mid-term before Jagdeep Dhankhar:
- V.V. Giri (1969): Resigned to contest the Presidential elections.
- R. Venkataraman (1987): Resigned upon being elected President.
- Such resignations are rare and have significant parliamentary and political implications, affecting the functioning of the Upper House and the balance of constitutional offices.
Conclusion
The resignation of Vice-President of India is a constitutionally sanctioned event, but one with wide-ranging implications.
It triggers a chain of constitutional actions, from temporary leadership adjustments in the Rajya Sabha to the organisation of fresh elections.
With the resignation of Vice-President Jagdeep Dhankhar, the onus is on the Election Commission and Parliament to ensure a smooth transition, while upholding the dignity and continuity of India’s second-highest constitutional office.
Understanding these constitutional nuances is critical to appreciating the balance of power and the seamless functioning of Indian democracy.
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