Jagdeep Dhankhar Resigns: Case Law on Vice President of India

In Legal
July 23, 2025
Karan Dinesh Singh Rawat
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Landmark Supreme Court judgments on the Vice President of India’s office gain fresh relevance after Jagdeep Dhankhar’s resignation on 21 July 2025.

New Delhi (ABC Live): The sudden resignation of Vice President Jagdeep Dhankhar on 21 July 2025 has brought India’s constitutional processes and legal precedents into sharp focus. As the country prepares to elect a new Vice President, it is essential to recall both the key case law governing the office and the leaders who have shaped its history.

Constitutional Provisions: Vice President of India

The Constitution of India lays down clear and specific articles regarding the office of the Vice President. Here is a concise chart summarising these provisions:

Article	Subject	What It Provides
63	The Vice President of India	Establishes the office of Vice President.
64	Ex-officio Chairman of Rajya Sabha	Vice President is the ex-officio Chairman of the Council of States (Rajya Sabha).
65	Acts as President	Vice President acts as President or discharges functions in case of vacancy or the President’s inability.
66	Election	Elected by members of both Houses of Parliament using proportional representation and single transferable vote.
67	Term, resignation, removal	Five-year term; can resign to President; removal by Rajya Sabha resolution, agreed to by Lok Sabha.
68	Filling vacancy	Specifies timing for elections in case of vacancy; tenure for new Vice President filling a casual vacancy.
69	Oath or affirmation	Oath or affirmation to be made before the President before entering office.
70	Discharge of President’s functions in contingencies	Parliament can legislate for situations not otherwise provided for in the Constitution.
71	Election disputes	Supreme Court exclusively decides disputes regarding election of President or Vice President.

Reference:
Constitution of India – Full Text (Government of India)

List of Vice Presidents of India (1952–2025)

As India prepares to elect a new Vice President following Jagdeep Dhankhar’s resignation, it’s worth recalling those who have previously held this high constitutional office:

No.	Name	Term of Office	Notable Facts
1	Dr. Sarvepalli Radhakrishnan	1952 – 1962	Later became President
2	Dr. Zakir Husain	1962 – 1967	Later became President
3	V.V. Giri	1967 – 1969	Later became President
4	Gopal Swarup Pathak	1969 – 1974
5	B.D. Jatti	1974 – 1979	Acted as President in 1977
6	Mohammad Hidayatullah	1979 – 1984	Former Chief Justice of India
7	R. Venkataraman	1984 – 1987	Later became President
8	Dr. Shankar Dayal Sharma	1987 – 1992	Later became President
9	K.R. Narayanan	1992 – 1997	Later became President
10	Krishan Kant	1997 – 2002	Died in office
11	Bhairon Singh Shekhawat	2002 – 2007	Veteran politician
12	Mohammad Hamid Ansari	2007 – 2017	Only VP to serve two full terms
13	M. Venkaiah Naidu	2017 – 2022	Senior BJP leader
14	Jagdeep Dhankhar	2022 – 2025	Resigned July 2025

Quick Facts:

Six Vice Presidents have become President of India.
Mohammad Hamid Ansari is the only person to serve two consecutive terms as Vice President.
B.D. Jatti served as Acting President in 1977 after the death of the sitting President.

Landmark Case Law Governing the Vice President’s Office

1. Shri Chhedi Lal v. Union of India (AIR 1967 SC 1073):
Affirmed Supreme Court’s exclusive jurisdiction over Vice Presidential election disputes (Article 71).

2. Election Commission of India v. Dr. Subramanian Swamy (1996 SCC (4) 104):
Upheld secret ballot as mandatory in Vice Presidential elections, ensuring independent and fair voting.

3. Mohd. Ahmed Khan v. Union of India (1978 SCR (3) 607):
Clarified that the Vice President may only act as President under specific constitutional contingencies.

4. N. Gopalaswami v. Union of India (AIR 1970 SC 1536):
Interpreted “office of profit,” upholding eligibility criteria for Vice Presidential candidates.

5. Rameshwar Prasad & Ors. v. Union of India (2006) 2 SCC 1:
Reinforced that all constitutional authorities—including Acting President—are subject to judicial review.

Why These Judgments Are Crucial Today

Supreme Court’s Role: Any challenge to the upcoming election goes directly to the Supreme Court.
Secret Ballot: MPs’ votes remain protected from political pressure.
Eligibility: Only those who qualify under law and precedent can contest.
Constitutional Succession: Acting President’s powers remain strictly controlled.
Judicial Oversight: Every step remains subject to judicial and constitutional review.

Conclusion

As India awaits its next Vice President, the legacy of constitutional law and distinguished leadership ensures a smooth, transparent, and accountable transition—guided by Supreme Court judgments and a rich historical tradition.

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