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With reference to Impeachment of President of India, consider the following statements:
Only the elected members of Rajya Sabha and Lok Sabha can take part in impeachment process.
President can be impeached only for ‘violation of the Constitution’.
The term ‘violation of the Constitution’ has been defined in the Constitution.
Which of the statements given above is/ are correct?
- a)1 only
- b)2 only
- c)1 and 2 only
- d)2 and 3 only
Correct answer is option 'B'. Can you explain this answer?
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Most Upvoted Answer
With reference to Impeachment of President of India, consider the fol...
The correct answer is option 'B' - 2 only.
Explanation:
1. Only the elected members of Rajya Sabha and Lok Sabha can take part in the impeachment process: This statement is incorrect. According to Article 61 of the Indian Constitution, the President can be impeached by a special majority of both Houses of Parliament. This special majority includes (a) a majority of the total membership of the House, and (b) a majority of not less than two-thirds of the members of the House present and voting. Therefore, the elected members of both Rajya Sabha and Lok Sabha can participate in the impeachment process.
2. President can be impeached only for 'violation of the Constitution': This statement is correct. According to Article 61, the President can be impeached for the violation of the Constitution. However, it is important to note that the term 'violation of the Constitution' has not been explicitly defined in the Constitution. It is left to the interpretation of the Members of Parliament and the judiciary to determine what constitutes a violation of the Constitution.
3. The term 'violation of the Constitution' has been defined in the Constitution: This statement is incorrect. As mentioned earlier, the term 'violation of the Constitution' has not been explicitly defined in the Constitution. It is a broad term that encompasses any act or omission by the President that goes against the principles and provisions of the Constitution.
The impeachment process of the President of India is a serious and rare procedure. It requires a special majority in both Houses of Parliament to initiate and complete the process. The grounds for impeachment are not limited to 'violation of the Constitution' alone but also include other serious charges such as 'willful violation of the Constitution' or 'misbehavior'. The process provides a mechanism to hold the President accountable for his/her actions and ensure the proper functioning of the highest office in the country.
Explanation:
1. Only the elected members of Rajya Sabha and Lok Sabha can take part in the impeachment process: This statement is incorrect. According to Article 61 of the Indian Constitution, the President can be impeached by a special majority of both Houses of Parliament. This special majority includes (a) a majority of the total membership of the House, and (b) a majority of not less than two-thirds of the members of the House present and voting. Therefore, the elected members of both Rajya Sabha and Lok Sabha can participate in the impeachment process.
2. President can be impeached only for 'violation of the Constitution': This statement is correct. According to Article 61, the President can be impeached for the violation of the Constitution. However, it is important to note that the term 'violation of the Constitution' has not been explicitly defined in the Constitution. It is left to the interpretation of the Members of Parliament and the judiciary to determine what constitutes a violation of the Constitution.
3. The term 'violation of the Constitution' has been defined in the Constitution: This statement is incorrect. As mentioned earlier, the term 'violation of the Constitution' has not been explicitly defined in the Constitution. It is a broad term that encompasses any act or omission by the President that goes against the principles and provisions of the Constitution.
The impeachment process of the President of India is a serious and rare procedure. It requires a special majority in both Houses of Parliament to initiate and complete the process. The grounds for impeachment are not limited to 'violation of the Constitution' alone but also include other serious charges such as 'willful violation of the Constitution' or 'misbehavior'. The process provides a mechanism to hold the President accountable for his/her actions and ensure the proper functioning of the highest office in the country.
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Community Answer
With reference to Impeachment of President of India, consider the fol...
- Statement 2 is correct: The President can be removed from office by a process of impeachment for ‘violation of the Constitution’ only.
- Statement 3 is not correct: However, the Constitution does not define the meaning of the phrase ‘violation of the Constitution’.
- The impeachment charges can be initiated by either House of Parliament. 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 the total membership of that House, 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, an impeachment is a quasi-judicial procedure in the Parliament. In this context, two things should be noted: (a) the nominated members of either House of Parliament can participate in the impeachment of the President though they do not participate in his election; (b) the elected members of the legislative assemblies of states and the Union Territories of Delhi and Puducherry do not participate in the impeachment of the President though they participate in his election. Hence Statement 1 is not correct. No President has so far been impeached.
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With reference to Impeachment of President of India, consider the following statements: Only the elected members of Rajya Sabha and Lok Sabha can take part in impeachment process. President can be impeached only for ‘violation of the Constitution’. The term ‘violation of the Constitution’ has been defined in the Constitution. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)1 and 2 onlyd)2 and 3 onlyCorrect answer is option 'B'. Can you explain this answer?
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With reference to Impeachment of President of India, consider the following statements: Only the elected members of Rajya Sabha and Lok Sabha can take part in impeachment process. President can be impeached only for ‘violation of the Constitution’. The term ‘violation of the Constitution’ has been defined in the Constitution. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)1 and 2 onlyd)2 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to Impeachment of President of India, consider the following statements: Only the elected members of Rajya Sabha and Lok Sabha can take part in impeachment process. President can be impeached only for ‘violation of the Constitution’. The term ‘violation of the Constitution’ has been defined in the Constitution. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)1 and 2 onlyd)2 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to Impeachment of President of India, consider the following statements: Only the elected members of Rajya Sabha and Lok Sabha can take part in impeachment process. President can be impeached only for ‘violation of the Constitution’. The term ‘violation of the Constitution’ has been defined in the Constitution. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)1 and 2 onlyd)2 and 3 onlyCorrect answer is option 'B'. Can you explain this answer?.
With reference to Impeachment of President of India, consider the following statements: Only the elected members of Rajya Sabha and Lok Sabha can take part in impeachment process. President can be impeached only for ‘violation of the Constitution’. The term ‘violation of the Constitution’ has been defined in the Constitution. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)1 and 2 onlyd)2 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to Impeachment of President of India, consider the following statements: Only the elected members of Rajya Sabha and Lok Sabha can take part in impeachment process. President can be impeached only for ‘violation of the Constitution’. The term ‘violation of the Constitution’ has been defined in the Constitution. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)1 and 2 onlyd)2 and 3 onlyCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to Impeachment of President of India, consider the following statements: Only the elected members of Rajya Sabha and Lok Sabha can take part in impeachment process. President can be impeached only for ‘violation of the Constitution’. The term ‘violation of the Constitution’ has been defined in the Constitution. Which of the statements given above is/ are correct?a)1 onlyb)2 onlyc)1 and 2 onlyd)2 and 3 onlyCorrect answer is option 'B'. Can you explain this answer?.
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