Jagdeep Dhankhar Resignation: What Does Constitution Say If Vice President Resigns Mid-Term
If the Vice President's post becomes vacant before the term is completed, the Constitution requires it to be filled promptly.
Published : July 22, 2025 at 12:19 AM IST
|Updated : July 22, 2025 at 2:12 PM IST
New Delhi: The mid-term resignation of Vice President and Rajya Sabha chairman Jagdeep Dhankar on Monday triggered a constitutional requirement to fill the vacancy at the earliest. As per the Constitution, the Election Commission is expected to initiate the process soon.
Citing health issues, Dhankar tendered his resignation to President Droupadi Murmu with two years remaining in his term. He assumed office in August 2022 and his tenure was till August 2027. Dhankhar is the third Vice-President in Indian history to resign before completing his term. Previously, VV Giri stepped down from the Vice Presidency on July 20, 1969, to contest the presidential election following President Zakir Husain’s demise. R Venkataraman resigned as Vice President in July 1987 after being elected President.
The election of the Vice President is governed by Articles 63 to 71 of the Constitution and the Vice-President (Election) Rules, 1974. According to Clause 2 of Article 68 of the Constitution, an election to fill a vacancy in the office of the vice president occurring due to his death, resignation or removal, or otherwise will be held "as soon as possible" after it goes vacant. The person elected to fill the vacancy will be entitled to hold office "for the full term of five years from the date on which he enters upon his office".
The vice president is the second-highest constitutional office in the country. He serves for a five-year term, but can continue to be in office, irrespective of the expiry of the term, until the successor assumes office.
“After the resignation of the Vice President, a senior member of the Rajya Sabha will continue the proceedings of the House,” senior advocate Dinesh Dwivedi told ETV Bharat.
According to the rules, the deputy chairperson of the Rajya Sabha will step in as the acting chairperson of the Upper House of Parliament. Currently, the position is held by Harivansh Narayan Singh, who was appointed in August 2022. Singh will fulfil the role temporarily until the election of the next Vice President.
Mandate Of The Constitution
If the Vice President’s office becomes vacant due to death, resignation, removal or any other reason before the end of the five-year term, the Constitution mandates that the post be filled “as soon as possible”.
The election is conducted by an electoral college comprising members of both Houses of Parliament--Lok Sabha and Rajya Sabha--through a proportional representation system using a single transferable vote and secret ballot.
If the Vice President’s office becomes vacant before the completion of the term, the Election Commission must organise elections without undue delay. The elected candidate assumes office for a full five-year term from the date they take charge.
Following the vacancy of the Vice President's office, political consultations are expected to intensify across party lines. The electoral college of 788 MPs, including 543 from Lok Sabha and 245 from Rajya Sabha, will be called upon to elect a new Vice President. The Election Commission is likely to announce the poll schedule soon.
Term of office of the Vice-President
The Vice President holds office for a term of 5 years from the date on which he enters upon his office. However, notwithstanding the expiration of his term, he shall continue to hold office until his successor enters upon his office. In the case of death, removal or resignation of the Vice President, the Constitution does not provide any method of succession, apart from a fresh election. However, in such an event, the Deputy Chairman can function as the Chairman of the Rajya Sabha.
When is the election for the Office of Vice-President of India held?
Under the provisions of sub-section (3) of section 4 of the Presidential and Vice Presidential Elections Act, 1952, the notification under sub-section (1) of section 4 of the said Act calling the election can be issued by the Election Commission on or after the 60th day before the expiry of the term of office of the outgoing Vice President. The election schedule shall be so fixed that the Vice President-elect can enter upon the office on the day following the expiry of the term of the outgoing Vice President.
Conduct Of Election Of Vice President
Under Article 324 of the Constitution of India, the authority to conduct elections to the Office of Vice-President is vested in the Election Commission of India. As per Article 66(1) of the Constitution of India, the election of the Vice President shall be held in accordance with the system of proportional representation by means of single transferable vot,e and the voting at such election shall be by secret ballot.
Qualifications To Be Appointed As A Vice President
According to the Election Commission, a candidate for the Vice President post must be a citizen of India. He must have completed 35 years of age and be eligible to be a member of the Rajya Sabha. The candidate must not hold any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.
Other Critical Requirement
The nomination paper of a candidate, in the prescribed Form 3 (as per the Presidential and Vice-Presidential Elections Rules, 1974), must be signed by at least 20 electors as proposers and at least 20 electors as seconders. It should be submitted to the Returning Officer between 11 AM and 3 PM on any day appointed for this purpose, either by the candidate, or by any of the proposers or seconders.
A security deposit of Rs 15,000 must be paid either in cash to the Returning Officer or through a receipt proving that the amount has been deposited by the candidate, or on their behalf, in the Reserve Bank of India or a Government Treasury. This receipt should be submitted along with the nomination paper.
The candidate must also submit a certified copy of the electoral roll entry showing their name in the current roll of the Parliamentary Constituency where they are registered as an elector.
Where is the election to the Office of Vice-President held
A Room in the Parliament House is generally fixed as the place of poll. Unlike the Presidential election (where the value of votes cast by the Members of Parliament and of the various State Legislative Assemblies is different), the value of every vote cast in the Vice Presidential election has the same value-1.
Since the Vice Presidential election is conducted only at one location—the Parliament House in New Delhi—the counting of votes is usually done on the same day in the same room where the polling takes place.
Vote Required
As the Vice-Presidential election is held in accordance with the system of proportional representation by means of single transferable vote, every elector has as many preferences as the candidates contesting the election. The winning candidate has to secure the required quota of votes to be declared elected, 50 per cent of the valid votes cast.
Read More
