Procedure for impeachment of Indian President

About the Procedure for Impeachment of Indian President

The procedure for impeachment of the Indian President, outlined in Article 61 of the Constitution, begins with charges initiated by either House of Parliament and requires a two-thirds majority in both Houses. Following a 14-day notice period and investigation, if the charges are upheld by a two-thirds majority in both Houses, the President is impeached and deemed to have vacated the office. This rigorous process ensures thorough scrutiny and is based on grounds of “violation of the Constitution,” emphasizing the accountability and integrity of the highest office in the Indian government.

Procedure for impeachment of Indian President

The impeachment of the President of India is a constitutionally defined process designed to address cases of “violation of the Constitution.” Detailed in Article 61, the process is rigorous and involves multiple steps to ensure fairness and thorough scrutiny:

Steps to impeach Indian President

The impeachment process of the Indian President, outlined in Article 61 of the Constitution, involves several rigorous steps. It begins with either the Lok Sabha or Rajya Sabha initiating charges in the form of a resolution, which requires a 14-day notice period and must be signed by at least one-fourth of the House’s members. The initiating House must pass the resolution by a two-thirds majority of its total membership. The charges are then investigated by the other House, where the President has the right to appear and defend. If the second House also passes the resolution by a two-thirds majority of its total membership, the President is deemed impeached and vacates the office immediately. This comprehensive process ensures that impeachment is conducted with thorough scrutiny and is reserved for serious violations of the Constitution.

1. Initiation of Charges:

  • The process can start in either the Lok Sabha (House of the People) or the Rajya Sabha (Council of States).
  • Charges must be in the form of a resolution, supported by at least one-fourth of the total members of the initiating House.
  • A 14-day notice period is mandatory before moving the resolution.

2. Passing the Resolution in the Initiating House:

  • The initiating House debates the charges.
  • The resolution must be passed by a two-thirds majority of the total membership of the initiating House.

3. Investigation by the Other House:

  • Once the resolution is passed, it is sent to the other House for investigation.
  • The other House investigates the charges, during which the President has the right to appear and defend themselves, either personally or through representation.

4. Resolution in the Investigating House:

  • After the investigation, if the second House also approves the resolution by a two-thirds majority of its total membership, the impeachment is confirmed.

5. Removal from Office:

  • Upon successful passage of the resolution by both Houses, the President is considered impeached and immediately vacates the office.

This detailed and multi-step procedure ensures that the impeachment process is not taken lightly and is reserved for serious violations of the Constitution, reflecting the gravity of removing the head of state.

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