Consider the following statements about the Impeachment of the Indian...
- The President can be removed from office by impeachment for 'violation of the Constitution'. However, the Constitution does not define the meaning of the phrase 'violation of the Constitution'.
- Either House of Parliament can initiate the impeachment charges. These charges should be signed by one-fourth members of the House (that framed the charges), and a 14 days' notice should be given to the President.
- After the impeachment resolution is passed by a majority of two-thirds of that House's total membership, it is sent to the other House, which should investigate the charges.
- The President has the right to appear and to be represented at such investigation. If the other House also sustains the charges and passes the impeachment resolution by a majority of two- thirds of the total membership, then the President stands removed from his office from the date on which the bill is so passed.
Thus, impeachment is a quasi-judicial procedure in Parliament. In this context, two things should be noted:
1. the nominated members of either House of Parliament can participate in the impeachment of the President though they do not participate in his election
2. the elected members of the legislative assemblies of states and the Union Territories of Delhi and Puducherry do not participate in the President's impeachment. However, they participate in his election. No President has so far been impeached.
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Consider the following statements about the Impeachment of the Indian...
To answer this question, let's go through each statement one by one:
Statement 1: Impeachment can only be initiated by Lok Sabha.
This statement is incorrect. Impeachment proceedings against the President of India can be initiated in either house of Parliament, i.e., either Lok Sabha or Rajya Sabha. According to Article 61 of the Indian Constitution, a notice of impeachment signed by at least one-fourth of the total members of the house must be given to the Speaker or Chairman, as the case may be. Therefore, statement 1 is false.
Statement 2: Supreme Court is the authority that investigates against the charges leveled against the President.
This statement is also incorrect. In the case of impeachment of the President, the investigation is not conducted by the Supreme Court. Instead, the investigation is conducted by a committee formed specifically for this purpose. According to the Judges (Inquiry) Act, 1968, when a notice of impeachment is given against the President, it is referred to a committee comprising members of both houses of Parliament. This committee investigates the charges against the President and presents its findings to both houses for further action. Therefore, statement 2 is false.
Statement 3: Representatives of Union Territories in the Parliament do not participate in the impeachment process.
This statement is correct. The representatives of Union Territories in the Parliament do not participate in the impeachment process of the President. The impeachment process is carried out by the two houses of Parliament, namely Lok Sabha and Rajya Sabha. The Union Territories do not have representation in Rajya Sabha, as it is a federal chamber representing the states of India. Therefore, the representatives of Union Territories do not participate in the impeachment process. Hence, statement 3 is true.
In conclusion, only statement 3 is correct, while statements 1 and 2 are incorrect. Therefore, the correct answer is option 'D' - None of the above.
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