Dhankhar’s resignation: Election for new vice president to be held ‘as soon as possible’

With Jagdeep Dhankhar stepping down from the post of vice president, the process to elect his replacement will be initiated “as soon as possible”. As per Clause 2 of Article 68 of the Constitution, if a vacancy arises in the vice president’s office due to “death, resignation or removal, or otherwise”, the election to fill it must take place “as soon as possible”.

The Constitution states that the person chosen to fill the vacancy will serve “for the full term of five years from the date on which he enters upon his office”.

However, there is no specific provision in the Constitution regarding who will assume the vice president’s duties in case of death or resignation before completing the term, or while the vice president is acting as the President.

Being the second-highest constitutional authority in India, the vice president holds office for five years. Even if the term expires, the vice president continues until a new one takes charge. The only related guidance in the Constitution concerns the vice president’s responsibility as the chairperson of the Rajya Sabha.

In such a vacancy, the role is carried out by the deputy chairperson or another Rajya Sabha member designated by the President.

The vice president may resign by submitting a letter to the President, and the resignation becomes valid once accepted. As the ex-officio chairperson of the Rajya Sabha, the vice president does not hold any other office of profit.

Whenever the vice president acts as or performs the duties of the President, they do not function as the chairperson of the Rajya Sabha and are not eligible for the chairperson’s salary or allowances during that period.

According to Article 66, the vice president is elected by the members of both Houses of Parliament through proportional representation via a single transferable vote system.

To qualify for the position, a person must be an Indian citizen, at least 35 years old, and eligible to be a Rajya Sabha member. Anyone holding an office of profit under the central or state government, or under any local or subordinate authority, is disqualified.
(With PTI Inputs)