Mid-Term Resignation of Vice-President of India

• 22 Jul 2025

For Prelims: Vice-President of India, President, Election Commission of India, Proportional representation 

For Mains: Significance of the Vice-President’s role in India’s parliamentary democracy, Comparison of Indian and US Vice Presidents 

Source: IE 

Why in News?  

Vice-President of India Jagdeep Dhankhar resigned from his post, and submitted his resignation to President Droupadi Murmu under Article 67(a) of the Constitution. He is the third Vice-President in India’s history to step down before completing his term, after V.V. Giri and R. Venkataraman. 

What are the Constitutional Provisions and Procedures if the Vice-President of India Resigns Mid-Term? 

• Resignation: The Vice-President can resign by writing under his hand, addressed to the President, as per Article 67(a) of the Constitution. The resignation takes effect immediately once submitted. 
  • Since the Vice-President of India also serves as the ex-officio Chairman of the Rajya Sabha, the resignation creates a temporary gap in parliamentary leadership.  
  • The Constitution does not provide for an acting Vice-President. However, in the Vice-President’s absence, the Deputy Chairman of the Rajya Sabha will preside over its proceedings. 
• Election to Fill the Vacancy: The election of the next Vice-President is to be held within 60 days of the expiry of the outgoing Vice-President's term. However, in the case of a mid-term resignation, unlike the President (where the vacancy must be filled within six months), there is no fixed time frame for electing a new Vice-President. 
  • The only requirement is that the election be held “as soon as possible.”  
  • The Election Commission of India conducts the election under the Presidential and Vice-Presidential Elections Act, 1952. Traditionally, the Secretary General of either House of Parliament is appointed as the Returning Officer for the poll, on a rotational basis. 
• Tenure of the New Vice-President: The newly elected Vice-President gets a full five-year term, regardless of the remaining tenure of the predecessor. 

What are the Key Facts About Vice‑President of India? 

• About: The Article 63 of the Indian Constitution states that there shall be a Vice President of India, who is the second-highest constitutional authority after the President. The post is modeled on the American Vice President. 
  • Articles 63 to 71 of the Constitution deal with the Vice President. 
• Election & Eligibility: 
  • Electoral College: Elected by MPs from both Houses of Parliament (elected and nominated members) but state legislators do not participate (Article 66). 
  • Voting Process: Conducted via proportional representation and single transferable vote, by secret ballot, overseen by a Returning Officer (usually the Secretary General of either House). 
  • Eligibility Criteria: Must be an Indian citizen, at least 35 years old, qualified for Rajya Sabha membership, not hold an office of profit, and should not be a member of Parliament or state legislature. 
• Oath: The Vice President takes an oath, administered by the President or a designated person, to uphold the Constitution and faithfully discharge the duties of the office (Article 69). 
• Term, Resignation & Vacancy: 
  • Term Duration: Serves a five-year term (Article 67), and can continue beyond expiry until a successor takes office. 
  • Resignation: May resign at any time via a written letter to the President (Article 67(a)). 
  • Vacancy: Vacancies arise due to term expiry, resignation, removal, death, or disqualification. A new election must be held "as soon as possible" (Article 68). 
• Primary Roles: Acts as ex‑officio Chairman of the Rajya Sabha (Council of States) (Article 64) but does not vote except in case of a tie. 
  • The Vice-President acts as President (Article 65) during a vacancy caused by death, resignation, removal, or otherwise, until a new President is elected within six months.  
    • If the President is absent or ill, the Vice-President acts in their place with full powers and benefits until the President returns. 
• Removal Procedure: Can be removed by a resolution in the Rajya Sabha (effective majority (more than 50% of the effective strength (i.e., total membership minus any vacancies)) and approved by Lok Sabha (simple majority). 
  • A 14-day notice must be given before moving such a resolution, clearly stating the intention.  

What is the Role of the Vice President of India as the Chairman of the Rajya Sabha? 

• Presiding Over Sessions: The Chairman conducts proceedings in the Rajya Sabha, maintains order, and ensures discipline and decorum in the House.  
  • Under Rule 256 of Procedure and Conduct of Business in the Rajya Sabha, the Chairman can suspend a member for the remainder of the session if the member's conduct is grossly disorderly or disregards the authority of the Chair. 
  • The Chairman interprets and decides on procedural issues raised during sessions. 
• Maintaining Neutrality and Order: As a non-member of the House, the Chairman is expected to remain impartial while allowing free and fair debates. They ensure equal participation and adherence to parliamentary norms. 
• Casting Vote: Though the Chairman does not vote in the first instance, they can cast a deciding vote in the event of a tie (Article 100). 
• Referral to Committees: The Chairman plays an administrative role by referring bills, motions, and resolutions to parliamentary committees for detailed consideration. 
• Limitations Compared to Lok Sabha Speaker: The Chairman does not preside over joint sittings of Parliament. The Chairman cannot certify a bill as a Money Bill (only the Lok Sabha Speaker can). 
• In Case of Presidential Vacancy: When the Vice President acts as or discharges the functions of the President, they temporarily stop performing duties as Chairman. The Deputy Chairman then takes over. 

Vice President of India vs US 

Feature	India	United States
Presiding Role	Chairman of Rajya Sabha (Upper House).	Chairman of the Senate (Upper House).
Voting Power	Only votes in case of a tie in Rajya Sabha.	Only votes in case of a tie in the Senate.
Succession to President During Vacancy	Acts as President temporarily (max 6 months).	Becomes full President for remainder of term.
Executive Role	Mostly ceremonial, steps in only if needed.	Part of the executive branch, often has an active role.

Drishti Mains Question: 

The office of the Vice-President of India is often viewed as ceremonial, yet it plays a key role in ensuring parliamentary stability. Discuss.

UPSC Civil Services Examination, Previous Year Question (PYQ)

Mains

Q. Discuss the role of the Vice –Presidents of India as the chairman of the Rajya Sabha. (2022)