Context

Vice President Jagdeep Dhankhar has resigned mid-way through his term (2022–2027), citing health concerns. He submitted his resignation to President Droupadi Murmu, invoking Article 67(a) of the Constitution, marking a rare instance of a Vice President stepping down voluntarily.

Constitutional Basis for Resignation

Article 67(a)

• A Vice President may resign by submitting a written letter to the President of India.
• The Constitution does not prescribe any minimum notice period.
• The resignation becomes effective immediately upon submission.

Related Constitutional Provisions

Historical Precedents of Mid-Term Resignations

• V.V. Giri (1969): Resigned to contest the Presidential election.
• Bhairon Singh Shekhawat (2007): Resigned after losing the Presidential race.
• Jagdeep Dhankhar (2025): Resigned due to health reasons after chairing the Monsoon Session.

Procedure and Vacancy Management

Mode of Resignation

• Must be in writing, addressed to the President.
• Constitutionally, no formal “acceptance” is required.

Filling the Vacancy

• No specific timeline mandated for Vice Presidential elections (unlike the six-month limit for Presidential vacancies under Article 62).
• Election Commission conducts the election through proportional representation by Members of Parliament.

Tenure and Re-election

• Term of office: 5 years
• However, the Vice President can:
  • Resign at any time
  • Continue in office until a successor is elected
  • Seek re-election (no term limit under the Constitution)

Conclusion

The resignation of the Vice President mid-term is a rare constitutional event, underscoring the flexibility embedded in India’s highest offices. While the Constitution provides clear guidance for such a situation, the political and procedural implications depend on swift coordination between the President, Parliament, and the Election Commission.

Source: LM