Jagdeep Dhankhar
Credit: PTI File Photo
New Delhi: The Constitution of India is silent on who should be nominated as acting vice president if the incumbent resigns. Since the vice president is also the ex-officio chairman of the Rajya Sabha, those duties are automatically vested in the deputy chairman of the House until a new vice president is elected.
This means Rajya Sabha Deputy Chairman Harivansh would be the presiding officer of the Upper House during the interim.
Articles 63 to 71 of the Constitution deal with the elections, powers, duties and removal of the VP, India’s second-highest constitutional post.
Article 67 says the vice president can be removed by a resolution of both houses of Parliament. A vice president may also “resign by writing under his hand addressed to the President”. But the statute book does not specify who would act as the vice president if the post is rendered vacant in case of death, removal or resignation.
The Constitution stipulates that the elections to fill the vacancy in the vice president office shall be held “as soon as possible”, and the new VP shall get a full five-year term from the date he/she enters office. Jagdeep Dhankhar’s five-year term was to end in August 2027.
If Dhankhar’s resignation is accepted by President Droupadi Murmu, the Election Commission of India shall now issue a notification for the election of a new vice president. The electoral college for the vice president comprises members of both houses of Parliament.
The vice president is mandated to discharge duties as the President of India in case on account of resignation, death or illness of the incumbent until a new president is elected.
But there is no clarity on who shall be the acting vice president if the post falls vacant.
When the vice president resigns or assumes the duties of the president, the deputy chairman of the Rajya Sabha discharges the duties of its chairman.