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Vice-President of India Resigns Mid-Term: What Happens Next?

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Vice-President Jagdeep Dhankhar has resigned from office under Article 67(a) of the Constitution, becoming the third Vice-President to step down before completing his term, after V.V. Giri and R. Venkataraman.

Key Terms and Concepts

TermExplanation
Article 63Mandates the office of the Vice-President in India
Article 64Vice-President to act as ex-officio Chairman of Rajya Sabha
Article 65Vice-President acts as President in the event of vacancy
Article 66Election procedure for Vice-President
Article 67(a)Resignation process of Vice-President
Article 68Process for filling vacancy in the office of Vice-President
Article 69Oath or affirmation by Vice-President

What Happens When the Vice-President Resigns Mid-Term?

ProvisionExplanation
Resignation ProcessMust submit a written resignation to the President under Article 67(a)
Effect of ResignationBecomes effective immediately upon submission
Rajya Sabha ChairmanshipDeputy Chairman presides over proceedings in absence of Vice-President
No Acting VPThe Constitution does not provide for an acting Vice-President
Election After VacancyElection is to be conducted “as soon as possible”; no fixed time frame unlike the Presidential vacancy (which requires filling within 6 months)
Election ConductOverseen by Election Commission under the Presidential and Vice-Presidential Elections Act, 1952
Tenure of New VPFull five-year term, even if predecessor resigned mid-term

Vice-President of India: Key Facts

FeatureDetails
PositionSecond-highest constitutional authority after the President
Modeled AfterUS Vice-President
Relevant ArticlesArticles 63–71
Electoral CollegeElected by both Houses of Parliament (including nominated members); state legislatures excluded
Voting SystemProportional representation via single transferable vote; secret ballot
EligibilityIndian citizen, ≥35 years, eligible for Rajya Sabha, no office of profit, not a member of any legislature
TermFive years; continues until successor assumes office
ResignationBy written letter to the President
RemovalRajya Sabha resolution (effective majority) + Lok Sabha approval (simple majority); 14-day notice required
Acts as PresidentIn case of vacancy in President’s office; max duration: 6 months
ChairmanshipEx-officio Chairman of Rajya Sabha; votes only in case of tie

Chairman of Rajya Sabha: Roles and Powers

FunctionExplanation
Presiding RoleConducts House proceedings; ensures discipline and order
Suspension PowerCan suspend members under Rule 256 for disorderly conduct
Neutral ArbiterMust remain impartial; ensures equal opportunity to all members
Casting VoteHas a deciding vote in case of tie (Article 100)
Committee ReferralsRefers bills and motions to appropriate committees
LimitationsCannot preside over joint sessions or certify Money Bills
When Acting as PresidentDeputy Chairman presides over Rajya Sabha in their absence

Vice-President: India vs United States

FeatureIndiaUnited States
Presiding RoleRajya Sabha (Upper House)Senate (Upper House)
Voting PowerOnly in case of tieOnly in case of tie
Succession RoleActs as President temporarily (max 6 months)Becomes President for remainder of term
Executive RolePrimarily ceremonial; limited functionMember of executive branch; often has policy duties

In a Nutshell

Mnemonic: “RESIGN-CHECK”
Resignation via Article 67(a)
Election by Parliament
Secret Ballot System
Interim handled by Deputy Chairman
Gap in Chairmanship only, not governance
New VP gets full 5-year term
Constitution silent on acting VP
Heads Rajya Sabha
Effective immediately
Conducted under 1952 Act
Key articles: 63–71

Prelims Practice Questions

  1. Which of the following Articles deals with the resignation of the Vice-President of India?
    A. Article 65
    B. Article 66
    C. Article 67(a)
    D. Article 68
  2. Who presides over the Rajya Sabha in the absence of the Vice-President?
    A. Speaker of Lok Sabha
    B. Chief Justice of India
    C. Deputy Chairman of Rajya Sabha
    D. Prime Minister
  3. In India, the election of the Vice-President is conducted by:
    A. State Legislative Assemblies
    B. Electoral College consisting of elected MPs only
    C. Electoral College consisting of all MPs, elected and nominated
    D. President and Governors

Mains Questions

  1. Discuss the constitutional provisions related to the resignation and vacancy of the Vice-President of India. How is the gap in parliamentary functioning managed during such a situation? (10M)
  2. Compare and contrast the role of the Vice-President of India with that of the Vice-President of the United States. (15M)

Answer Key with Explanations

QnAnswerExplanation
1CArticle 67(a) of the Constitution deals with resignation of the Vice-President
2CDeputy Chairman of the Rajya Sabha presides in the absence of the Vice-President
3CAll members (elected and nominated) of both Houses of Parliament elect the Vice-President

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