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Picture Courtesy: INDIAN EXPRESS

Context:

Vice-President resignation has created a rare mid-term vacancy in the country’s second-highest constitutional office.

WHAT HAPPENS WHEN VICE-PRESIDENT RESIGNS MID-TERM

How Does the Vice-President Resign and What Happens Immediately?

The Vice-President resigns by writing a letter to the President. The Constitution, in Article 67(a), clearly states this process.

The resignation takes effect immediately once the President receives the letter. It does not require Parliament's approval.

Since the Vice-President is also the ex-officio Chairman of the Rajya Sabha, their resignation creates a temporary space in the upper house

Vice-Presidents Who Resigned Mid-Term
Vice-President Name	Year of Resignation	Reason
V.V. Giri	1969	To contest Presidential election
R. Venkataraman	1987	To contest Presidential election
Jagdeep Dhankhar	2025	Personal health concerns

Who Steps In When the Vice-President's Position is Empty?

The Indian Constitution does not have a rule for an "acting" Vice-President.

The Deputy Chairman handles the Rajya Sabha's duties when the Chairman's office is empty, or when the Vice-President acts as the President.

They also preside when the Chairman is absent from a sitting.
In these situations, the Deputy Chairman has all the powers of the Chairman
However, when the Chairman is present, the Deputy Chairman acts like any other regular member of the House.
Like the Chairman, the Deputy Chairman does not vote in the first instance, but they can cast a deciding vote if there is a tie.

How Does India Elect a New Vice-President?

Unlike the President's post, where a vacancy must be filled within six months, the Constitution does not set a strict deadline for filling a Vice-Presidential vacancy. It only states that the election must happen "as soon as possible" after the position becomes empty.

The Election Commission of India (ECI) is responsible for announcing the election schedule and conducting the election. It aims to complete the process within 60 days of the expiry of the term of office of the outgoing Vice-President.

The election follows the rules set out in the Presidential and Vice-Presidential Elections Act, 1952.

Eligibility criteria? => To be eligible, a person must:

Be a citizen of India.
Be at least 35 years old.
Qualified to be elected as a member of the Rajya Sabha.
Not hold any "office of profit" under the Union or State governments

Nomination => A candidate needs at least 20 Members of Parliament (MPs) to propose their name and another 20 MPs to second it (support it) to file a valid nomination. A security deposit of ₹15,000 is also required.

Who votes for the Vice-President? => The Vice-President is elected by an Electoral College made up of members from both the Lok Sabha and Rajya Sabha, including both elected and nominated members.

Voting Method => By secret ballot, using a system called "proportional representation with a single transferable vote”. MPs rank candidates in order of their preference.

Tenure of New VP => Newly elected Vice-President serves a full five-year term from the day they take office. They continue in office even after their term ends until a successor takes over.

Oath => To uphold the Constitution and faithfully perform their duties. The President, or someone designated by the President, administers this oath (Article 69).

What is the main role of the Vice-President of India?

Article 63 of the Constitution says that India must have a Vice-President, second-highest constitutional office after the President.

Articles 63-71 describe the Vice-President's office, powers, and functions.

Role	Article	Description
Ex-officio Chairman of Rajya Sabha	Article 64	The Vice-President automatically serves as the Chairman of the Rajya Sabha (the upper house of Parliament). They lead its sessions, maintain order, and interpret procedural rules. They cannot vote on a matter in the first instance, but they can cast a deciding vote if there is a tie. While acting as Chairman, the Vice-President draws the salary of the Chairman of Rajya Sabha.
Acting President	Article 65	If the President's position becomes empty due to death, resignation, removal, or other reasons, the Vice-President acts as President. They can act as President for a maximum of six months, until a new President is elected. They also perform the President's duties if the President is absent or ill. During this period, they do not perform the duties of the Rajya Sabha Chairman.

How can the Vice-President be removed?

To remove the Vice-President, the Rajya Sabha must pass a resolution with an "effective majority". The Lok Sabha then needs to agree to this resolution with a "simple majority". A 14-day notice must be given before moving such a resolution.

Type of Majority	Definition
Simple Majority	More than 50% of members present and voting.
Absolute Majority	More than 50% of the total membership of the House. (e.g., 273 in Lok Sabha)
Effective Majority	More than 50% of the effective strength of the House (total seats minus vacant seats).
Special Majority	Any majority other than simple, absolute, or effective. Several types exist (e.g., two-thirds of members present and voting for Article 249, or two-thirds of total membership for Presidential impeachment under Article 61).

How does the Indian Vice-President's role compare to the Vice-President in the United States?

	India's Vice-President	United States' Vice-President
Presiding Role	Ex-officio Chairman of the Rajya Sabha (Upper House).	Ex-officio Chairman of the Senate (Upper House).
Voting Power in House	Votes only in case of a tie in the Rajya Sabha.	Votes only in case of a tie in the Senate.
Succession to President	Acts as President temporarily until a new President is elected.	Becomes the full President for the remainder of the term.
Executive Role	Mostly ceremonial; steps in only if needed to perform Presidential functions.	Part of the executive branch and plays an active role in policy-making and administration.

Conclusion

The Indian Constitution provides clear rules for handling an empty Vice-Presidential post, making sure the government continues to run smoothly. These rules ensure the Rajya Sabha functions properly and that someone can take over Presidential duties if something unexpected happens.

FAQ

What is the immediate constitutional arrangement when the Vice-President of India resigns mid-term?

There is no provision for an acting Vice-President; however, the Deputy Chairman of the Rajya Sabha presides over the House as the ex officio Chairman.

Is there a fixed deadline for holding a new election when the Vice-President's post becomes vacant?

Unlike a Presidential vacancy, the Constitution does not set a fixed deadline, only stating that the election must be held "as soon as possible."

Which body conducts the election for a new Vice-President?

The Election Commission of India is responsible for announcing the schedule and conducting the Vice-Presidential election.

Must Read Articles:

Removal of Vice-President (VP)

PRESIDENT AND VICE-PRESIDENT ELECTION

Source: INDIAN EXPRESS

PRACTICE QUESTION

Q. Consider the following statements:

1. The Vice-President of India can be removed from office by a resolution passed by an effective majority in the Rajya Sabha and subsequently approved by a simple majority in the Lok Sabha.

2. A resolution for the removal of the Vice-President can be initiated in either House of Parliament, provided a 14-day notice is given to the Vice-President.

Which of the above statements is/are correct?

A) 1 only

B) 2 only

C) Both 1 and 2

D) Neither 1 nor 2

Answer: A

Explanation:

Statement 1 is correct: Article 67(b) of the Constitution outlines the procedure for the removal of the Vice-President. It states that the Vice-President can be removed by a resolution of the Rajya Sabha passed by a "majority of all the then members of the Council" and "agreed to by the House of the People" (which requires a simple majority).

Statement 2 is incorrect: The resolution for the removal of the Vice-President can only be initiated in the Rajya Sabha. A 14-day notice is required before moving such a resolution.