In News:

Vice-President of India, Jagdeep Dhankhar, resigned from office on health grounds on July 2025, invoking Article 67(a) of the Constitution. This created a rare mid-term vacancy in the Vice-President’s office, necessitating immediate action by the Election Commission of India (ECI) to conduct fresh elections.

Constitutional Provisions and Duties of the Vice-President

Articles Related to Vice-President:

• Article 63: Provides for the post of Vice-President.
• Article 64: Vice-President acts as ex-officio Chairman of Rajya Sabha.
• Article 65: Vice-President acts as President in case of a vacancy in the office of the President.
• Article 66: Deals with election of the Vice-President.
• Article 67(a): Vice-President may resign by writing under his hand addressed to the President.
• Article 68: Covers election in case of a vacancy and mandates that it be filled as soon as possible.
• Article 324: Vests the Election Commission of India (ECI) with the authority to conduct the election.

Resignation of the Vice-President

Key Facts:

• Jagdeep Dhankhar, 74, resigned before completing his 5-year term (2022–2027).
• The resignation was addressed to the President of India as per Article 67(a).
• No formal acceptance is necessary; it becomes effective upon submission.
• Constitutionally, no method of succession is provided other than fresh elections.

Historical Precedents:

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

Election Process for Vice-President

Electoral College:

• Comprises both elected and nominated members of the Lok Sabha and Rajya Sabha.
• Unlike the Presidential election, MLAs are not part of the Vice-Presidential electoral college.

Voting System:

• Election is held by proportional representation through single transferable vote (STV).
• Voting is by secret ballot.
• All votes carry equal value, unlike in Presidential elections.

Nomination Procedure:

• Requires at least 20 proposers and 20 seconders, all of whom must be MPs.
• Security deposit: ?15,000.
• Nomination papers must be submitted between 11 a.m. and 3 p.m. on appointed days.

Returning Officer:

• Typically, the Secretary-General of the Lok Sabha or Rajya Sabha, appointed by rotation.
• Two Assistant Returning Officers from Parliament Secretariat also assist.

Eligibility Criteria for Vice-President

A candidate must:

• Be a citizen of India.
• Have completed 35 years of age.
• Be qualified for election to the Rajya Sabha.
• Not hold any office of profit under the Union or State Government or any subordinate authority.

If an MP is elected Vice-President, they vacate their parliamentary seat on assuming office.

Dispute Resolution

• Supreme Court exclusively handles disputes related to Vice-Presidential elections.
• Cases are heard by a five-judge bench, and its decision is final.

Implications of Vacancy

• The post of Vice-President cannot remain vacant, even temporarily.
• In the interim, the Deputy Chairman of the Rajya Sabha presides over its proceedings.
• The ECI is mandated to conduct elections immediately after such a vacancy occurs, although no fixed constitutional timeline is prescribed for Vice-Presidential elections (unlike Presidential elections which must occur within six months).

Tenure and Re-election

• The Vice-President holds office for five years but continues until a successor is elected and takes office.
• There is no bar on re-election to the office.