New Delhi, July 24, 2025 — In a significant constitutional development, Vice President of India Jagdeep Dhankhar has tendered his resignation, creating an unusual vacancy in the country’s second-highest constitutional office. His resignation has prompted discussions about succession, procedural continuity, and the original intent behind the Vice Presidency — a subject Dr. B.R. Ambedkar had carefully addressed during the framing of the Constitution.
No Provision for Acting Vice President
The Indian Constitution does not provide for an acting Vice President. Instead, under Article 91(1), the Deputy Chairperson of the Rajya Sabha assumes the Vice President’s legislative responsibilities, primarily as the presiding officer of the Upper House.
This arrangement was not an oversight, but a conscious choice by the framers of the Constitution. During the Constituent Assembly Debates, Dr. B.R. Ambedkar, Chairman of the Drafting Committee, clarified that the office of the Vice President was primarily created to function as the Chairman of the Rajya Sabha, and not as a regular successor to the President:
“The only function of the Vice-President is to act as the ex-officio Chairman of the Council of States. The reason why we have not made any elaborate provision… is because we thought that the duties are comparatively light and could be discharged without difficulty even if the office became vacant for some time.”
— Dr. B.R. Ambedkar, Constituent Assembly Debates, December 1948
His statement underscores the idea that continuity in the Rajya Sabha could be maintained without an immediate replacement in the Vice President’s office — a design that is now being tested in real-time.
Filling the Vacancy
According to Article 68(2) of the Constitution, an election to fill a vacancy in the office of the Vice President must be held “as soon as possible.” There is, however, no fixed timeline. Historically, such elections have taken place within a 30–40 day window.
The Election Commission of India is expected to announce the schedule for the Vice Presidential election soon. The President elected will serve a full five-year term, starting from the day She assumes office.
Interim Rajya Sabha Chairmanship
Until the new Vice President is elected, the Deputy Chairperson of the Rajya Sabha will preside over the Upper House. The constitutional mechanism ensures legislative continuity, even in the absence of a Vice President, again reflecting the framers’ confidence in parliamentary resilience.
Historical Precedents of Resignation and Succession
The Indian constitutional system has previously dealt with similar situations:
- 1987: R. Venkataraman resigned to become President; Shankar Dayal Sharma was elected about a month later.
- 1992: Sharma again vacated the Vice President’s post upon his presidential election; K.R. Narayanan succeeded him shortly after.
- 2002 & 2007: Krishan Kant and Bhairon Singh Shekhawat assumed office within a month of casual vacancies.
Presidency Not Immediately Affected
While the Vice President is the kind of ex-officio backup for the President in case of a vacancy, the current Hon’ble President, Droupadi Murmu, remains in office. Therefore, no constitutional complications are expected regarding presidential succession. In the unlikely event of a simultaneous vacancy in the office of Hon’ble President, the Chief Justice of India would step in as Acting President during vacant office of Vice President.
A Test of Constitutional Foresight
Vice President Dhankhar’s resignation has triggered a rare but manageable constitutional event. Thanks to clear procedural guidelines and the foresight of the Constitution’s framers, governance will continue without disruption. Dr. Ambedkar’s views remain particularly relevant — reinforcing that the office of the Vice President, while significant, was structured to withstand temporary vacancy without institutional instability.
