Constitutional Prescription related to Resignations

Sl. No.FunctionariesResignation Submitted ToRelated Article
1PresidentVice-President56
2Vice-PresidentPresident67
3Deputy Chairman of the Rajya SabhaChairman of the Rajya Sabha90
4Speaker of the Lok SabhaDeputy Speaker of the Lok Sabha94
5Deputy Speaker of the Lok SabhaSpeaker of the Lok Sabha94
6Members of the Rajya SabhaChairman of the Rajya Sabha101
7Members of the Lok SabhaSpeaker of the Lok Sabha101
8Judges of the Supreme CourtPresident124
9Governor of a StatePresident156
10Speaker of the State Legislative AssemblyDeputy Speaker of the State Legislative Assembly179
11Deputy Speaker of the State Legislative AssemblySpeaker of the State Legislative Assembly179
12Chairman of the State Legislative CouncilDeputy Chairman of the State Legislative Council183
13Deputy Chairman of the State Legislative CouncilChairman of the State Legislative Council183
14Members of the State Legislative AssemblySpeaker of the State Legislative Assembly190
15Members of the State Legislative CouncilChairman of the State Legislative Council190
16Judges of the High CourtsPresident217
17Chairman and Members of the UPSCPresident316
18Chairman and Members of a SPSCGovernor316
19Chairman and Members of a JSPSCPresident316

Analytical Insights on Constitutional Resignation Provisions

1. Resignation Reflects the Principle of Constitutional Accountability

Every office mentioned here is held in trust, not ownership.
Therefore, resignation is not a mere personal act — it is a constitutional formality signifying the surrender of that trust to the proper constitutional authority.

It’s how the Constitution ensures that the “power borrowed” from the system is “returned” to the system, not to individuals.

2. Pattern of Resignation: Always Submitted to the Next Higher or Neutral Authority

If we look closely, every resignation follows one of three clear patterns:

CategoryResignation Submitted ToUnderlying Logic
Top Executive OfficesAnother constitutional headChecks and courtesy between equals
Legislative OfficesCounterpart within the same HouseMutual balance of power
Judicial & Independent OfficesPresident / GovernorEnsures neutrality & independence from political executives

🧠 Interpretation:
This pattern ensures no one resigns to themselves or their subordinates, maintaining a clear vertical accountability chain within the constitutional hierarchy.

3. Mutual Submission Between President and Vice-President — A Symbol of Constitutional Reciprocity

  • President → resigns to Vice-President (Art. 56)
  • Vice-President → resigns to President (Art. 67)

💡 Insight:
This reciprocity prevents power vacuum and upholds institutional dignity —
each constitutional head is accountable to another, not directly to Parliament or the public in this context.

It symbolises the idea that even the highest office is not above constitutional form.

4. Speaker and Deputy Speaker — A Model of Internal Checks within the Legislature

  • Speaker of Lok Sabha → resigns to Deputy Speaker,
  • Deputy Speaker → resigns to Speaker,
    and similarly for State Assemblies and Legislative Councils.

🧠 Meaning:

  • These two offices act as mutual custodians of neutrality.
  • By resigning to each other, neither can use resignation (or threat of it) as a political weapon.

It preserves the impartiality and dignity of the Chair, especially since Speakers often face political tension.

5. Legislative Members Resign to Presiding Officers — Upholding Discipline

  • MPs → resign to Speaker (Lok Sabha) or Chairman (Rajya Sabha) (Art. 101)
  • MLAs / MLCs → resign to Speaker / Chairman respectively (Art. 190)

💡 Rationale:
The presiding officer is the guardian of the House, not a political superior.
This ensures resignations are processed institutionally, not politically — maintaining the sanctity of the legislature.

🧩 Moreover, under the Tenth Schedule (anti-defection law), presiding officers also decide on disqualifications — further reinforcing their role as the House’s constitutional custodian.

6. Judiciary and Independent Authorities — Resignation to the President

FunctionaryResigns ToArticleReason
Judges of SC / HCPresident124 / 217Judiciary is independent; hence resignation to constitutional head, not executive
CAGPresident148Accountability to Parliament via President
UPSC / JSPSC MembersPresident316National accountability
SPSC MembersGovernor316Federal autonomy at state level

🧠 Interpretation:
All independent or quasi-judicial authorities resign to the constitutional head of the executive (President/Governor), not to the political executive (Council of Ministers).
This maintains their dignity, neutrality, and insulation from politics.

7. Governors — Symbol of Federal Subordination

  • Governor → resigns to President (Art. 156).

💡 Insight:
The Governor represents the Union in the State; hence, accountability flows upward to the Centre.
This exemplifies the unitary tilt in India’s federal-within-a-unitary framework.

8. UPSC, SPSC, and JSPSC — Federated but Hierarchically Linked

Notice the subtle federal layering:

  • UPSC and JSPSC Members → resign to President,
  • SPSC Members → resign to Governor.

🧠 Meaning:
The President’s role in inter-state and national commissions ensures coordination and uniformity,
while Governors handle state-specific bodies, maintaining federal decentralization.

This pattern reinforces the Constitution’s preference for “autonomy with accountability.”

9. Resignation as a Constitutional Right

Unlike “removal,” resignation is voluntary, not punitive.
But even this voluntary act has to be verified and accepted by the proper authority to ensure:

  • It is genuine, not coerced or politically manipulated, and
  • It does not cause a constitutional vacuum.

🧩 Hence, Article 101 (and 190 for States) allows the presiding officer to not accept a resignation if it’s not voluntary or genuine.
This prevents politically engineered mass resignations or defection-based destabilization.

10. Resignation = Ethical Disengagement from Constitutional Trust

At a deeper level, every oath (Table 55.4) and resignation (this table) are two ends of the same moral journey:

  • Oath → taking constitutional responsibility,
  • Resignation → releasing that responsibility with dignity.

Thus, the constitutional lifecycle of an office begins with oath and ends with resignation — both performed before neutral authorities.

Together, they form a complete circle of ethical accountability in public life.

🌟 Essence of the Table

The Constitution of India uses resignation as a moral instrument, not a mechanical act.
It ensures that every exit from power happens with dignity, order, and accountability to the right authority — maintaining the balance between individual conscience and institutional continuity.

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