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Procedure For Impeachment of President in India

The document outlines the procedure for impeaching the President of India according to Article 61 of the Indian Constitution. It states that either house of Parliament can initiate impeachment charges for constitutional violations by the President with a resolution signed by one-fourth of members and a two-thirds majority vote. The other house will then investigate the charges and can pass a resolution to remove the President with another two-thirds majority vote. The President has the right to attend and be represented during the investigation. So far, no Indian President has been impeached through this process.

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45 views2 pages

Procedure For Impeachment of President in India

The document outlines the procedure for impeaching the President of India according to Article 61 of the Indian Constitution. It states that either house of Parliament can initiate impeachment charges for constitutional violations by the President with a resolution signed by one-fourth of members and a two-thirds majority vote. The other house will then investigate the charges and can pass a resolution to remove the President with another two-thirds majority vote. The President has the right to attend and be represented during the investigation. So far, no Indian President has been impeached through this process.

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tinku
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PROCEDURE FOR IMPEACHMENT OF PRESIDENT IN INDIA

The Article 61 of the constitution of India provides for procedure for the impeachment of
president. The language of the article says-

(1) When a President is to be impeached for violation of the Constitution, the charge shall
be preferred by either House of Parliament.
(2) No such charges shall be preferred unless-
a. The proposal to prefer such charge is contained in a resolution which has been
moved after at least fourteen days’ notice in writing signed by not less than one-
fourth of the total number of members of the House has been given for their
intention to move the resolution, and
b. Such resolution has been passed by a majority of not less than two-thirds of the
total membership of the House.
(3) When a charge has been so preferred by either House of the Parliament, the other
House shall investigate the charge or cause the charge to be investigated and the
President shall have the right to appear and to be represented at such investigation.
(4) If as a result of the investigation a resolution is passed by a majority of not less than
two-thirds of the total membership of the House by which the charge was investigated
or caused to be investigated, declaring that the charge preferred against the President
has been sustained, such resolution shall have the effect of removing the President
from his office as from the date on which the resolution is so passed.

We can see that Article 56 of the Constitution of India says that the President can be removed
from his office for violation of the Constitution by way of impeachment. The Websters’
dictionary says the meaning of impeachment as “to remove from office especially for
misconduct”; “to charge (a public official) with a crime done while in office”

The language of the Article 61 can be described in following steps-

1. The motion to prefer charge against the President for violation of Constitution can be
initiated in either House of Parliament.
2. The motion must have the support of not less than one-fourth of the total number of
members in the House.
3. Fourteen days’ prior notice of intention to remove the President should be given.
4. The motion must be passed by the majority of not less than two-thirds of the total
membership of the House.
5. The charge shall be investigated by the other house.
6. If, after investigation, the House finds the President guilty, a resolution is to be passed
in that house by not less than a majority of two-thirds of the total membership of the
House. The resolution shall have the effect of removing the president from the date it
is passed.

In India, so far, no president has been impeached.

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