Vice President Jagdeep Dhankhar Resigns Citing Health Reasons

Vice President Resignation

Vice President Resignation Latest News

  • In an unexpected development, Vice President Jagdeep Dhankhar resigned from his post on July 21, the opening day of the Monsoon session of Parliament. 
  • Citing health concerns and following medical advice, Dhankhar submitted his resignation to President Droupadi Murmu, invoking Article 67(a) of the Constitution
  • Jagdeep Dhankhar is the third Vice President in India’s history to resign mid-term, after V. V. Giri and R. Venkataraman, who resigned to contest presidential elections.

Vice President’s Resignation Procedure

  • As per Article 67 of the Constitution, the Vice President can resign anytime by submitting a written resignation to the President. 
  • Once accepted, the resignation takes immediate effect, requiring only formal communication and acknowledgment—no approval process is needed.

Article 67(a) 

  • Article 67(a) of the Indian Constitution allows the Vice President to resign before completing the five-year term by submitting a written resignation to the President. 
  • Jagdeep Dhankhar, who became Vice President in August 2022, invoked this article to step down two years early, well before his term was due to end in 2027.

Succession After Vice President’s Resignation

  • When the Vice President of India resigns, an election must be held to fill the vacancy, as per constitutional provisions. 
  • The Constitution does not provide for an acting Vice-President
  • However, since the Vice-President is also the ex-officio Chairman of the Rajya Sabha, the Deputy Chairman, currently Harivansh Narayan Singh, will preside over the House in his absence.
  • This seamless succession mechanism ensures that the functioning of the Rajya Sabha continues without disruption.

Timeline for Vice-Presidential Election

  • Unlike the President’s post, the Constitution does not set a fixed deadline for filling a Vice-Presidential vacancy
  • The only stipulation is that the election be conducted “as soon as possible” after the office falls vacant
  • The Election Commission is responsible for announcing the schedule. 
  • The election is held under the Presidential and Vice-Presidential Elections Act, 1952. 
  • Traditionally, the Secretary General of either House of Parliament is appointed as the Returning Officer on a rotational basis.

Tenure of the New Vice President

  • A newly elected Vice President, in the event of a mid-term vacancy, will serve a full five-year term from the date of assuming office, not merely the remaining period of the predecessor's term. 
  • This is a crucial distinction from some other constitutional offices where successors may serve only the unexpired term.

Eligibility Criteria for Vice-President of India

  • As per Article 66 of the Indian Constitution, a person is eligible to contest for the office of Vice-President if: 
    • He is an Indian citizen, 
    • at least 35 years old, and 
    • qualified to be elected as a member of the Rajya Sabha. 
  • Additionally, the candidate must not hold any office of profit under the Central or State Government or any local or public authority.

Election Process for the Vice-President of India

  • The Vice-President is elected by an electoral college consisting of members from both the Lok Sabha and Rajya Sabha, including nominated members. 
  • State legislatures do not participate in this process. 
  • Voting takes place in the Parliament House through a secret ballot, using the proportional representation system with a single transferable vote. 
  • Each Member of Parliament ranks candidates in order of preference, with all votes carrying equal weight. 
  • A candidate must secure a quota of votes — calculated by dividing the total valid votes by two and adding one — to win. 
  • If no candidate reaches the quota initially, the one with the fewest first-preference votes is eliminated, and their votes are redistributed according to second preferences. 
  • This elimination and transfer process continues until a candidate meets the required quota.

Role and Importance of the Vice President of India

  • The Vice President is the second-highest constitutional authority in India and acts as the ex-officio Chairperson of the Rajya Sabha
  • Though not a member of any House or state legislature, the Vice President ensures smooth conduct of proceedings in the Upper House. 
  • In the event of the President’s death, resignation, removal, or inability to perform duties, the Vice President temporarily assumes presidential responsibilities until a new President is elected.

Source: TH | LM | ABP

Vice President resignation FAQs

Q1: Why did Vice President Jagdeep Dhankhar resign?

Ans: He resigned citing health issues and medical advice, invoking Article 67(a) of the Constitution for voluntary resignation.

Q2: What happens after a Vice President resigns?

Ans: The Deputy Chairman of Rajya Sabha presides temporarily, and an election must be held to fill the vacancy.

Q3: How is a new Vice President elected?

Ans: MPs vote in a secret ballot using proportional representation and transferable votes until one candidate meets the quota.

Q4: What are the eligibility criteria for Vice President?

Ans: Must be an Indian citizen, at least 35, eligible for Rajya Sabha, and not hold an office of profit.

Q5: What is the Vice President’s role in India?

Ans: He is the second-highest constitutional authority and ex-officio Chairman of Rajya Sabha, ensuring smooth functioning of the House.

AI vs Copyright: What Courts Are Saying About Fair Use

AI vs Copyright

AI and Copyright Latest News

  • Recent U.S. court rulings — Thomson Reuters vs Ross Intelligence, Bartz vs Anthropic, and Kadrey vs Meta — have clarified that using legitimately acquired texts for training AI models may qualify as "fair use" under copyright law, especially when the output is transformative. 
  • However, the legality of using pirated data or the full impact on creative markets remains unresolved, leaving significant legal uncertainty around AI-generated content.

Copyright Challenges in AI-Generated Content

  • Generative AI models sometimes replicate or closely resemble original copyrighted works, leading to legal and ethical concerns. 
  • The key legal question is whether training AI on such data and producing new content harms the original creator’s market or qualifies as “transformative use.” 
  • While some jurisdictions like the U.S. may consider it fair use, others like the EU and U.K. allow it under text and data mining exceptions. 
  • However, with AI often trained on large datasets scraped from the internet—including both copyrighted and public domain materials—the global legal consensus on copyright infringement remains unsettled.

Legal Uncertainty Around Databases and Generative AI

  • The use of databases and published works for training generative AI models raises complex questions rooted in intellectual property law, contracts, and privacy norms. 
  • There is widespread legal ambiguity about whether training AI on IP-protected data and generating outputs from it constitutes infringement. 
  • Some countries allow exceptions for fair use, text and data mining, or temporary copying, but these exceptions vary and haven’t been universally tested in court. 
  • A major concern is the lack of harmonised global rules, which deepens the uncertainty around who owns IP rights in AI-generated content. 
  • This is particularly challenging in copyright law, which traditionally demands human authorship—a standard generative AI does not meet.

US Courts Back Fair Use in AI Training but Warn Against Piracy

  • Two significant U.S. court rulings—one favoring Anthropic and the other Meta—affirmed that using copyrighted material to train AI models may qualify as fair use. 
  • In Anthropic’s case, Judge ruled that training AI using copyrighted texts is transformative, likening it to how writers learn from existing literature
  • However, he allowed the trial to proceed on the issue of using pirated data. 
  • In Meta’s case, Judge held that the plaintiffs failed to prove that AI outputs diluted the market for original works, thus ruling in Meta’s favor under the fair use doctrine
  • Both rulings offer legal protection to tech firms for AI training but underscore that piracy remains a legal risk and that mechanisms for compensating copyright holders are necessary.

Implications of AI Copyright Disputes for India

  • The ANI vs OpenAI lawsuit is shaping how India’s intellectual property laws apply to generative AI. 
  • Under the Copyright Act, 1957, copyright holders have exclusive rights—such as reproduction and adaptation—which require permission unless exempt under Section 52’s fair dealing clause
  • Although India’s IP laws don’t explicitly mention AI, the prevailing view is that the existing legal framework is adequate to handle AI-related challenges. 
  • As a signatory to major global IP treaties, India recognises works by legal entities and provides civil and criminal enforcement, including safeguards against digital rights violations.

Source: TH

AI and copyright FAQs

Q1: What is the main legal issue around AI and copyright?

Ans: Whether AI training on copyrighted material qualifies as fair use or infringes rights is the central legal challenge.

Q2: What did U.S. courts say about training AI models?

Ans: Courts upheld fair use for legally acquired data but warned against piracy and potential market harm from AI outputs.

Q3: Does India have laws for AI and copyright?

Ans: India’s Copyright Act 1957 applies, but lacks AI-specific clauses. Fair dealing under Section 52 may offer exceptions.

Q4: What is the status of database use in AI training?

Ans: Database use raises IP and privacy issues. No global clarity yet on fair use or ownership of AI-generated outputs.

Q5: What’s the global legal outlook for AI and copyright?

Ans: No harmonised global rule exists yet. Fair use and text mining exceptions vary across jurisdictions, leading to uncertainty.

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