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Impeachment of The President

Impeachment is a constitutional process used to remove a high-ranking government official..

Impeachment of The President

Avinash
February 25, 2025

What is Impeachment?🔗

impeachment of the president
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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.


Which Article of the Indian Constitution Describes the Impeachment Process for the President?🔗

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."


What is the Ground for Impeachment of the President?🔗

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:

  • Serious Offenses: Treason, bribery, or corruption.
  • Abuse of Power: Misusing presidential authority.
  • Gross Misconduct: Behavior unbecoming of the office's dignity.
  • Neglect of Duty: Failing to fulfill constitutional responsibilities.
  • Violation of Fundamental Rights: Undermining citizens' basic rights.

It's a catch-all phrase, giving Parliament flexibility to judge the severity case-by-case.


What is the Procedure for Impeachment of the President?🔗

Here's how it unfolds:

  1. 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.

  2. Notice: The President gets a 14-day written notice detailing the charges.

  3. 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.

  4. Investigation: The second house investigates the charges. The President can appear in person or through a lawyer to defend themselves.

  5. 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.

Has Impeachment Ever Happened to a President in India?🔗

No, India has never impeached a President. It's a rare, extreme measure—more a safeguard than a routine tool.

What's the Difference Between Impeachment and Other Removal Methods?🔗

  • Death: If a President dies in office, the position becomes vacant naturally—no process needed.
  • Resignation: The President can step down by submitting a resignation to the Vice President—voluntary and straightforward.
  • Invalid Election: If the Supreme Court voids a President's election (e.g., due to fraud), they're ousted—no parliamentary vote required.

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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