Impeachment is a constitutional process used to remove a high-ranking government official, such as a president, from office due to serious misconduct, like violating the Constitution. In India, it's a parliamentary procedure with a quasi-judicial flavor—part legal, part political—designed to hold the nation's top leader accountable.
The impeachment process for the President is detailed in Article 61 of the Indian Constitution. Additionally, Article 56(1)(b) states that the President can be removed via impeachment for a "violation of the Constitution."
The sole ground for impeaching the President in India is "violation of the Constitution." The Constitution doesn't define this term precisely, leaving it broad and open to interpretation. Possible violations might include:
It's a catch-all phrase, giving Parliament flexibility to judge the severity case-by-case.
Here's how it unfolds:
Charges: The process can start in either house of Parliament (Lok Sabha or Rajya Sabha). At least one-fourth (1/4th) of that house's members must sign a written charge sheet outlining the allegations.
Notice: The President gets a 14-day written notice detailing the charges.
Resolution: After 14 days, the initiating house debates and votes on an impeachment resolution. It needs a two-thirds (2/3rd) majority of the house's total membership (a "special majority") to pass. If it does, it moves to the other house.
Investigation: The second house investigates the charges. The President can appear in person or through a lawyer to defend themselves.
Final Vote: If the second house also finds the charges valid and passes the resolution with a two-thirds majority, the President is removed from office that very day.
No, India has never impeached a President. It's a rare, extreme measure—more a safeguard than a routine tool.
Key Difference: Impeachment involves formal charges, a parliamentary trial, and a supermajority vote. The other methods skip all that—death and resignation are personal, while invalidation is judicial, not legislative.
Impeachment stands out as the Constitution's heavy hammer, reserved for when trust in the President shatters.
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