The Vice President of India holds the second-highest constitutional workplace within the nation after the President. However what occurs if the Vice President resigns earlier than finishing the five-year time period? This is an in depth have a look at the constitutional and procedural points that come into play.
Vice President of India Jagdeep Dhankhar on Monday night resigned from his submit citing medical causes. He despatched his resignation to President Droupadi Murmu and mentioned he was stepping down with rapid impact. The event got here hours after the end result of the primary day of the Monsoon Session of Parliament. Earlier within the day, Dhankhar had discharged his obligation because the Chairman of the Rajya Sabha. 74-year-old Dhankhar had assumed workplace in August 2022.
“To prioritise well being care and abide by medical recommendation, I hereby resign as Vice President of India, efficient instantly, in accordance with Article 67(a) of the Structure,” Dhankhar mentioned in his letter to the President. “I prolong my deepest gratitude to Your Excellency – the Hon’ble President of India for her unwavering help and the soothing, great working relationship we maintained throughout my tenure,” it added. The Vice President additionally expressed his deep gratitude to Prime Minister Narendra Modi and the Council of Ministers. “Prime Minister’s cooperation and help have been invaluable, and I’ve realized a lot throughout my time in workplace,” he mentioned.
Vice President of India
The Vice President of India holds the second-highest constitutional workplace within the nation after the President. Tasked with essential duties, together with being the ex-officio Chairman of the Rajya Sabha (Higher Home of Parliament), the Vice President performs a significant position in sustaining the parliamentary framework. However what occurs if the Vice President resigns earlier than finishing the five-year time period? This is an in depth have a look at the constitutional and procedural points that come into play.
Resignation process
In accordance with Article 67 of the Indian Structure, the Vice President can resign from workplace at any time by submitting a written resignation to the President of India. As soon as the resignation is accepted, the workplace turns into vacant instantly. There is no such thing as a obligatory approval course of however the resignation should be formally communicated and acknowledged by the President.
What occurs when a Vice President resigns?
When the Vice President’s workplace falls vacant because of resignation (or dying, elimination or in any other case), the Structure mandates that the emptiness should be crammed by an election. This election needs to be held inside six months from the date the emptiness happens. Nonetheless, throughout the interim interval, the Deputy Chairman of the Rajya Sabha takes over the duties of presiding over the Rajya Sabha. The Deputy Chairman is a member of the Higher Home and is elected by fellow Rajya Sabha members.
The absence of a Vice President doesn’t have an effect on the functioning of the Rajya Sabha in a major administrative mannerowing to this well-laid construction of succession inside the Home.
Election course of for brand spanking new Vice President
The method for electing a brand new Vice President is ruled by the Vice-President Election Guidelines, 1997, underneath the Illustration of the Individuals Act. The election is carried out by the Election Fee of India.
The electoral school for the Vice Presidential election contains:
- Members of each the Lok Sabha and the Rajya Sabha
- Nominated members of each Homes are additionally eligible to vote
The voting is finished by secret poll utilizing the only transferable vote system to make sure a proportional illustration technique is adopted.
Tenure of the brand new Vice President
A newly elected Vice President, within the occasion of a mid-term emptiness, will serve a full five-year time period from the date of assuming workplace, not merely the remaining interval of the predecessor’s time period. This can be a essential distinction from another constitutional places of work the place successors might serve solely the unexpired time period.
Vice Presidents to resign mid-term
It’s price noting that 74-year-old Jagdeep Dhankhar is simply the third Vice President in India’s historical past to resign earlier than finishing his time period. The primary was VV Giri, who stepped down on July 20, 1969, to contest the presidential election after the sudden demise of President Zakir Husain in Could 1969. The second was R Venkataraman, elected Vice President in August 1984, who resigned in July 1987 after being nominated by the ruling Congress social gathering for the submit of President. He went on to function the eighth President of India from July 1987 to July 1992.
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