how is the president of india impeached Related: Laxmikanth Summary: ...
The President of India can be impeached in case of violation of the Constitution. Impeachment is a process by which an official in a high office is removed from their position for misconduct. The procedure for impeaching the President of India is outlined in Article 61 of the Indian Constitution.
Grounds for Impeachment
- The President can be impeached on the grounds of violation of the Constitution.
- The charges can be related to the violation of the oath of office, corruption, bribery, or any other serious misconduct.
Initiation of Impeachment
- The impeachment process can be initiated in either house of Parliament.
- A resolution containing the charges against the President must be signed by at least one-fourth of the total members of that house.
- The resolution is then presented to the Speaker or Chairman of the house.
Investigation by a Special Committee
- Once the resolution is presented, the Speaker or Chairman of the house will constitute a special committee to investigate the charges.
- The committee will be comprised of members of both houses of Parliament, with the majority being from the house where the impeachment resolution was initiated.
Investigation Report
- The special committee conducts an investigation to examine the charges against the President.
- The committee submits a report to the house which initiated the impeachment resolution.
- The report includes the findings of the investigation and the recommendations of the committee.
Resolution for Impeachment
- After receiving the committee's report, the house which initiated the impeachment resolution can consider it.
- If the resolution is passed by a special majority of not less than two-thirds of the total membership of that house, it is then sent to the other house.
Joint Sitting of Parliament
- If the resolution is passed by both houses of Parliament by a special majority, a joint sitting of both houses is convened.
- The President has the right to defend himself during the joint sitting.
- The joint sitting is presided over by the Speaker of the Lok Sabha or, in their absence, the Deputy Speaker or any other member of Parliament elected by the members present.
Final Decision
- The resolution is considered passed if it is supported by a special majority of not less than two-thirds of the total membership of both houses present and voting.
- Upon the passing of the resolution, the President is considered impeached and ceases to hold office from the date of the resolution.
Conclusion
The process of impeaching the President of India is a significant constitutional mechanism to ensure accountability. It involves the initiation of charges, investigation by a special committee, consideration of the committee's report, passage of a resolution by both houses of Parliament, and a joint sitting to make the final decision. The process is designed to uphold the integrity and constitutional values of the highest office in India.
To make sure you are not studying endlessly, EduRev has designed UPSC study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in UPSC.