Vice President Resignation Explained

Vice President Resignation Explained

The sudden resignation of Vice President Jagdeep Dhankhar on the opening day of the Monsoon Session of Parliament has brought the constitutional role of the Vice President back into public discourse. While such an event is rare in Indian politics, its implications go far beyond individual health concerns. It highlights the constitutional procedures surrounding the office of the Vice President, the roles and responsibilities attached to it, and the importance of understanding the mechanisms for resignation and succession as enshrined in the Constitution of India.

The Event and Its Immediate Context

Jagdeep Dhankhar, the 14th Vice President of India, resigned from his post citing health reasons. According to reports, he had suffered from a heart blockage earlier in the year and chose to step down based on medical advice. His resignation came merely three years into his five-year term, creating a vacancy in one of the highest constitutional offices of the nation. The resignation was submitted to President Droupadi Murmu, in line with the constitutional process under Article 67(a). At the time of reporting, there was no official confirmation on whether the resignation had been accepted.

The resignation took place on the first day of the Monsoon Session, which is one of the three main parliamentary sessions in India, the others being the Budget and Winter Sessions. The timing added to the gravity of the development, particularly given the Vice President’s role as the ex-officio Chairman of the Rajya Sabha, which is actively involved in legislative deliberations during these sessions.

Constitutional Position of the Vice President

The Vice President of India holds the second highest constitutional office in the country, directly subordinate to the President. The position is defined in Article 63 of the Constitution. Much like the American model, the Indian Vice President acts as a link between the legislative and executive arms of the state, though with significant differences in roles and authority.

One of the primary responsibilities of the Vice President is to function as the ex-officio Chairman of the Rajya Sabha (Council of States), as specified under Article 64. In this role, the Vice President presides over the sessions of the Upper House, ensures procedural discipline, and plays a decisive role in tie-breaking votes. In instances where the office of the President is vacant, the Vice President is empowered by Article 65 to discharge the functions of the President until a new one is elected.

The Election Mechanism: A Unique Electoral College

The Vice President is elected by an electoral college distinct from that of the President. While the President is elected by members of both Parliament and State Legislative Assemblies, the Vice President is elected solely by the members of both Houses of Parliament, including nominated members. The election is held through a system of proportional representation by means of a single transferable vote, as mentioned under Article 66.

Voters (i.e., Members of Parliament) rank candidates in order of preference. If no candidate secures a majority of first-preference votes, the candidate with the fewest votes is eliminated and their votes are transferred based on the second preference, continuing until one candidate secures the requisite majority. Notably, voting is conducted through secret ballot, not electronic voting machines.

In case of election disputes, Article 71 provides that such matters are adjudicated exclusively by the Supreme Court, and its decision is binding.

Qualifications, Oath, and Tenure

A person seeking election as Vice President must be a citizen of India, at least 35 years old, and qualified for election as a member of the Rajya Sabha. They must not hold any office of profit under the central or state governments or any local authority. Upon being elected, the Vice President takes an oath administered by the President, as provided under Article 69, to preserve and defend the Constitution and to faithfully discharge their duties.

The Vice President serves a term of five years, though they can resign at any point by submitting a written resignation to the President. They are eligible for re-election and may continue in office beyond the expiry of their term until a successor assumes charge, as allowed under Article 68.

Removal Procedure: Not Impeachment, But Resolution

The Vice President can be removed before the expiry of their term, but the Constitution does not use the term “impeachment” in this context. Instead, the process involves a resolution passed by Parliament, as outlined in Article 67(b). The resolution must be initiated in the Rajya Sabha with at least 14 days' advance notice and must be passed by an effective majority of the House, more than 50% of the total strength minus vacancies.

Once approved by the Rajya Sabha, the resolution must also pass the Lok Sabha with a simple majority — more than half of the members present and voting. If both Houses pass the resolution, the Vice President stands removed from office. This process is significantly less cumbersome than the impeachment of the President but is still designed to ensure adequate parliamentary consensus.

The Vice President’s Role in the Rajya Sabha

As Chairman of the Rajya Sabha, the Vice President plays a critical role in India's legislative functioning. The position is analogous to the Speaker of the Lok Sabha in terms of procedural authority. The Vice President ensures order in debates, decides on the admissibility of motions and questions, and plays a role in the appointment of committee chairpersons. Perhaps most notably, the Vice President has the power to cast a deciding vote in the event of a tie.

The Chairman also plays a role in major constitutional procedures, such as initiating proceedings related to the removal of judges from the Supreme Court or High Courts. Therefore, the sudden vacancy in this post can potentially disrupt the functioning of the Rajya Sabha, especially during active legislative sessions.

Broader Implications and the Way Forward

While Jagdeep Dhankhar’s resignation may not directly affect day-to-day governance, it does call attention to the need for a robust succession mechanism in high constitutional offices. The Vice President’s role, though often less visible than that of the President or Prime Minister, is crucial in maintaining the sanctity and order of parliamentary processes.

In the immediate term, the President may appoint an acting Chairman of the Rajya Sabha until a new Vice President is elected. Given that the Constitution mandates a prompt filling of the vacancy, the Election Commission will likely announce a schedule for elections soon. The seamless transition of such offices is vital to maintaining the credibility and continuity of India’s constitutional framework.

For students and aspirants preparing for the civil services, this event serves as an opportunity to revisit the foundational aspects of the Indian Constitution. While the resignation itself is a news headline, the real examination relevance lies in understanding the provisions — Articles 63 to 71 — that outline the structure, responsibilities, and processes tied to the office of the Vice President.

Conclusion

The resignation of Vice President Jagdeep Dhankhar is not just a political development but a constitutional moment. It underscores the resilience and flexibility of the Indian democratic system, which provides clear mechanisms for continuity in governance even at the highest levels. By understanding the intricate roles, election methods, and removal processes of the Vice President, one gains deeper insight into the spirit of India’s parliamentary democracy. As the nation prepares for the election of a new Vice President, this episode reinforces the need to value the constitutional design that ensures both stability and adaptability in the face of unexpected challenges.