Mid-Term Resignation of Vice-President of India

News: The Vice-President has resigned under Article 67(a), creating a rare mid-term vacancy in the country’s second-highest constitutional office.”

Article 67(a) Article 67(a) of the Constitution of India deals with the resignation of the Vice-President. It states: “A Vice-President may, by writing under his hand addressed to the President, resign his office.” This provision allows the Vice-President to resign at any time. The resignation must be submitted in writing and addressed to the President. Once accepted, the resignation takes immediate effect.

Mid-Term Resignation of Vice-President of India

• Performance of Duties of Vice-President after resignation
  • The Constitution does not provide for an acting Vice-President.
  • However, since the Vice-President is also the ex-officio Chairman of the Rajya Sabha, the Deputy Chairman will preside over the House in his absence.
• Election after resignation
  • In the case of the President, the Constitution requires that a vacancy be filled within six months. But for a Vice-Presidential vacancy, there is no such fixed deadline.
  • The only requirement is that the election be held “as soon as possible” after the post falls vacant.
  • The Election Commission will announce the schedule and the poll is conducted under the Presidential and Vice-Presidential Elections Act, 1952.
  • As per convention, the Secretary General of either House of Parliament is appointed as the Returning Officer, in rotation.
• Election process
  • Electoral College: The Vice-President is elected by an electoral college made up of members from both Houses of Parliament, including nominated members.
  • The state legislatures do not participate.
  • Voting: Voting is held by secret ballot, using the system of proportional representation with a single transferable vote.
    • Each MP casts a vote by ranking candidates in order of preference.
    • All votes carry equal value.
• Winning quota and its calculation
  • Quota: A candidate must reach a required minimum number of votes, called the quota, to be declared elected.
  • Calculation: This is calculated by dividing the total number of valid votes by two and adding one (fractions, if any, are ignored).
    • If no candidate crosses the quota in the first round, the one with the fewest first-preference votes is eliminated, and their votes are transferred to the remaining candidates based on second preferences. The process continues until one candidate crosses the quota.
• Tenure of new Vice-President
  • The elected candidate will serve a full five-year term from the date of assuming office, not just the remainder of ex-VP’s tenure.
• Eligibility criteria for candidates of Vice President: A person contesting for the post of Vice-President –
  • must be a citizen of India
  • at least 35 years old
  • qualified to be elected to the Rajya Sabha
  • registered as an elector in any parliamentary constituency
  • must not hold any office of profit under the central or state governments, except positions like President, Governor, or Minister.

Note: Vice-President Jagdeep Dhankhar is only the third Vice-President in India’s history to resign before completing his term, after V. Giri and R. Venkataraman—both of whom stepped down to contest presidential elections.