Resignation of Vice President

Resignation of Vice President

Why in News Resignation of Vice President? 

Vice President Jagdeep Dhankhar recently stepped down from his position, mentioning health issues as the reason. His decision came during the ongoing session. This sudden step has drawn attention, as he becomes the first Vice President to step down mid-session.

Constitutional Provision for Vice President’s Resignation & Removal

The process for the Vice President’s resignation is defined under Article 67 of the Indian Constitution. This article outlines the methods for resignation, removal, and the continuation of the office until a successor takes over.

• Process of Resignation: As per Article 67(a) of the Constitution, the Vice President can leave the office by writing a formal resignation letter. This letter must be personally signed and addressed to the President of India. The Constitution mandates this format to ensure that the decision is voluntary and formally recognized. The resignation takes effect only after the President formally accepts the letter. No parliamentary procedure or voting is required to validate a Vice President’s resignation. 

• Provision of Removal: The Constitution also provides a separate clause under Article 67(b) for the removal of the Vice President. The removal procedure, unlike resignation, starts with the Rajya Sabha taking the initial step.

• To remove the Vice President, a resolution must be passed by an absolute majority of the total members of the Rajya Sabha. 

• After that, the Lok Sabha must also give its approval to complete the removal process. However, before this resolution is moved, a 14-day notice must be given in advance. 

• Continuation: Under Article 67(c), if a Vice President’s term expires and a successor is not yet in place, the current Vice President continues in office. This avoids any power vacuum in a crucial constitutional position. The Vice President remains in service until the newly elected person officially takes charge. 

What Happens When a Vice President Quits Mid-Term?

• No Provision for an Acting Vice President: The Indian Constitution does not mention any provision for an Acting Vice President. In the absence of a Vice President, the Deputy Chairman of the Rajya Sabha assumes the role of presiding over the Upper House. As of 2025, this responsibility falls to Harivansh Narayan Singh. He continues chairing the Rajya Sabha until a new Vice President is elected and assumes office.

• Election Timeline After Vacancy: The Election Commission of India is required to hold the election for the Vice President’s post as soon as possible. The process is carried out under the Presidential and Vice-Presidential Elections Act of 1952. This generally occurred within a few weeks to a couple of months after the vacancy.

• Duration of the New Term: When a new Vice President is elected following a resignation, they begin a fresh five-year term from the date they assume office. This ensures continuity and avoids confusion regarding term lengths.

• Election Procedure: The Vice President is chosen through a unique election system involving both elected and nominated members of the Lok Sabha and Rajya Sabha. The process does not include members of the state legislative assemblies. 

• Voting is carried out through a secret ballot using proportional representation with a single transferable vote.

• Members of both Houses cast their votes by listing candidates in order of their preference.

• To win, a candidate must secure a quota of votes, calculated by dividing total valid votes by two and adding one. 
• If no one meets the quota in the first round, the candidate with the least first-preference votes is eliminated. 
• Their votes are then redistributed according to second preferences.