The Constitution of India
Article 67
Term of office of Vice-President
The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:
Provided that —
(a) a Vice-President may, by writing under his hand addressed to the President, resign his office;
(b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution;
(c) a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
Why this exists
The framers wanted the Vice-President's office—like other key constitutional posts—to have a fixed, predictable term to ensure stability, while still allowing flexibility for early exit (resignation) or accountability (removal). The 'continue in office' clause guards against a vacuum in a position that also serves as ex-officio Chairman of the Rajya Sabha and can act as President if needed.
Common misconceptions
- Myth: The Vice-President must leave office the exact day the five years end, even if no successor is ready.
Fact: Article 67(c) says the Vice-President continues in office until the successor actually enters upon office, avoiding any gap. - Myth: Only the Rajya Sabha can remove the Vice-President on its own.
Fact: The Rajya Sabha's removal resolution also needs the House of the People's agreement, plus 14 days' prior notice before the resolution can even be moved.