Q. Discuss the impeachment procedure of the President of India.

Answer

 

Introduction

The term impeachment means the process followed in deciding the removal of a person in a position from exercising all the powers and responsibilities that the position demands. The entire process of removal is called as impeachment.

There are two kinds of Impeachment known in India and they are-

i.                     The Impeachment of the President of India – article 61

ii.                   The Impeachment or removal of the supreme court judge: article 124(4)

 

Body

Article 52-62 of the constitution of India deals with the President’s elections, manner of elections, power, qualification of president, term in the office, the procedure of impeachment and re-elections.

Article 52 states that there shall be a President of India. The President is considered the Executive head of the country. All the Executive business of the country is carried out in the name of the President.

Further, article 61 contains the provisions for his impeachment. We have borrowed the concept of impeachment from US constitution. In India, this process is quasi-judicial as well as political in nature. Unlike the US Constitution, where the impeachment may be initiated for treason, bribery or other high crimes, in India, president can only be impeached for ground mentioned under article 61 i.e. violation of constitution.

We can understand the whole impeachment process with the help of given steps:

Process for Impeachment of President

i.                     The Resolution seeking impeachment of the president can be brought in either house of the Parliament.

Such nature resolution (for Impeachment of President) can be brought only after satisfying two pre-conditions:

A.      14 days prior notice must be served to the President

B.      One fourth of the membership of the house in which it is proposed to be brought has signed the approval for bringing such resolution.

ii.                   After the formal introduction in the house, the resolution for impeachment of the president is discussed and passed with the special majority which should not be less than two third of the strength of the house.

iii.                 After being passed from the first house the resolution goes to the second house which constitutes a committee to probe the charges framed against the President.

iv.                 All decisions regarding the Probe Committee will be taken by the second house only. Like who will be the member, how many members … etc.

v.                   President has right to defend before the committee either on his own or a legal professional of his choice. He can also ask the Attorney General to represent his case.

vi.                 The process will continue further only if the probe committee prove the charges fully or partially.

vii.                The resolution for impeachment of President is then discussed in second house which again passes the resolution with special majority of not less than two third of the total strength of the house.

viii.              The moment second house passes the resolution, President stands impeached.

Luckily, no president has so far faced impeachment proceedings in our Indian history.

 

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