The Constitutional Process of Impeachment: Article 61 and the President of India

Impeachment of President of India

Impeachment is a formal procedure used to assess the conduct and integrity of high-ranking officials, particularly within a federal presidential Constitutional republic government. This process involves individuals like the President and judicial judges and is initiated in response to allegations of significant misconduct. If proven, it may lead to the removal of the official from their position, thus eliminating their powers and duties. Now, it is important to know the Impeachment of President of India taken from which country? It is taken from the USA.

Till now, impeachment of President of India has not been done. Who can impeach the president of India? Parliament House can impeach the President of India. Lok Sabha or Rajya Sabha can initiate impeachment of the president of India. Now, let us start exploring more about the impeachment of the president of India.

Grounds for Impeachment of President in India

The Indian Constitution outlines three main scenarios where a President can leave office before their term ends:

1. Impeachment for Serious Wrongdoing

The most serious reason is Impeachment of President of India, which occurs when the President is accused of violating the Constitution. While the Constitution itself doesn’t define “violation,” it’s understood to encompass grave offenses like:

• Treason: betraying the nation
• Bribery: using their position for personal gain
• Corruption: misusing power for dishonest ends
• Abuse of Power: exceeding their authority
• Gross Misconduct: behaving in a way that seriously undermines the office
• Neglect of Duty: failing to fulfill their responsibilities
• Violation of Fundamental Rights: infringing on the basic rights of citizens

Initiating impeachment of President of India requires a significant effort. One-fourth of the members of either house of Parliament must sign a formal accusation. After a 14-day notice, the other house investigates the charges. If both houses, by a special two-thirds majority, approve the charges, the President is removed from office.

2. Natural Causes

If the President dies while in office, the vacancy is automatically created.

3. Resignation

The President has the option to resign at any point. Their resignation is submitted to the Vice President, who then informs the Speaker of the lower house (Lok Sabha).

Initiation of the Impeachment Process: 

The impeachment of the President of India can only be initiated through a formal process that begins in either House of Parliament, in accordance with Article 61 of the Indian Constitution. Here are the detailed steps involved in the initiation. 

• The impeachment process is initiated by either House of Parliament (Lok Sabha or Rajya Sabha). It can be started in either the Lok Sabha (House of the People) or the Rajya Sabha (Council of States), but the process needs to pass through both Houses for the President to be impeached. 

• A resolution must be introduced in the House where the proceedings are started. This resolution must be in writing and must be signed by at least one-quarter of the total members of the House. 

1. Manner of Initiation: 

• The impeachment process is initiated by the introduction of a resolution in either the Lok Sabha (House of the People) or the Rajya Sabha (Council of States). 

The resolution must state the charges of violation of the Constitution by the President, and it must be in writing.

Understanding the Indian President: Head of State and Symbol of the Nation

The President of India holds a significant constitutional position within the Indian political system. Let’s delve into the key aspects of their role:

1. Head of State and First Citizen: The President serves as the head of state and is considered the first citizen of India. This symbolic role represents the unity and sovereignty of the nation.
2. Supreme Commander of the Armed Forces: As per the Constitution of India, the President assumes the crucial responsibility of being the supreme commander of the Indian Armed Forces. This position underscores their authority over the military.
3. Appointment and Dismissal Powers:
   • Prime Minister and Council of Ministers: The President has the power to appoint the Prime Minister and other members of the Union Council of Ministers. Additionally, they can also dismiss them if necessary.
   • Judicial Appointments: The President plays a role in the appointment of judges to the Supreme Court and high courts.
   • Governors: The President appoints Governors for various states.
4. Ceremonial vs. Executive Powers:
   • While the President’s powers are largely ceremonial, the real executive power lies with the Prime Minister and the Cabinet.
   • The President’s actions often involve formalities, such as signing bills into law or addressing the nation on important occasions.

In summary, the President’s constitutional position combines symbolic representation with specific powers related to appointments and dismissals, making it a crucial role in India’s governance.

Understanding the Impeachment Process of the President of India

The President’s role in our country is very crucial. While fulfilling their role, they also must follow the constitution. If they do not follow the constitution, the Parliament can directly impeach them. Presidents without support in the government are at risk, while those with backing often escape consequences.

For example, In Peru, ongoing political turmoil and frequent leadership changes show that impeachment may not address the issues.

Moreover, impeachment of President of India does not guarantee the next leader will have the support needed to fix things and can sometimes worsen the situation.

While impeachment serves accountability, it can have unintended consequences for a nation’s stability and governance.

In India, there is a unique impeachment process; both the Lok Sabha and the Rajya Sabha can start the process. If the Rajya Sabha makes accusations, the Lok Sabha checks and votes for them. If the Lok Sabha accepts the charges, it passes a resolution and forwards them for further consideration.

Key Points to Understand About the Impeachment Process: 

A. High Threshold for Impeachment 

• The requirement for two-thirds of the total membership in both Houses makes impeachment an exceptionally rare and difficult process. This ensures that only serious cases of constitutional violation lead to the removal of the President. 

• Impeachment is not meant to be a tool for political disagreements or routine misconduct. The process requires overwhelming support across the political spectrum, reflecting the gravity of such a decision. 

B. No Precedent of Impeachment 

• No President has ever been impeached in India. While the impeachment process is clearly laid out in the Constitution, no President has faced removal from office, partly due to the high threshold required to initiate and pass the resolution. 

• The impeachment attempt against President V. V. Giri in 1969 was the only notable incident in which a motion for impeachment was introduced in Parliament. However, the motion did not pass, as it failed to garner the necessary support in the House. 

C. Political Considerations 

• The impeachment process can have significant political implications, as the President is a symbolic head of state, and the act of impeachment may lead to political instability or conflicts. 

• For this reason, impeachment is not a process that is undertaken lightly. It requires a broad consensus in both Houses of Parliament, as the President is meant to be above day-to-day politics and is expected to be neutral in political matters. 

D. Role of the President in India 

• The President of India holds a largely ceremonial role in India’s political system. While the President has the power to appoint key officials and sign bills into law, they typically act on the advice of the Council of Ministers (headed by the Prime Minister). 

• This makes impeachment of the President rare, as it is difficult for the President to directly violate the Constitution in the performance of their duties, given that they are largely bound by the advice of the elected government. 

What is the Procedure for Impeachment of President of India?

So far, no Indian President has faced impeachment. Yet, the process is established by law. The procedure of impeachment of the president of India in Parliament is quasi-judicial. If a President violates the Indian Constitution, Parliament is the government body that can impeach the president of India. This process can begin in either Parliament House.

Who can initiate impeachment of President of India proceedings against the president of India? The answer to this question is that one House of Parliament brought charges against the President, which must be signed by at least a quarter of its members. The President reviews it after 14 days. A two-thirds majority in the originating house is needed to impeach the President, and then it is sent to the other House for investigation.

The President can defend themselves with authorized counsel. If the second House also approves the charges by a special majority, the President is impeached and removed from office.

Additionally, the Supreme Court can inquire into and resolve disputes about the President’s election and remove the President for electoral misconduct or if they become ineligible to be a Lok Sabha member according to the Representation of the People Act, 1951.

Conditions of the President’s Office

Article 59 states the eligibility criteria for a person to become the president of India. This article includes all the requirements needed to become eligible for the post of President. Some of the important requirements are-

• The person must not be a member of Parliament House; Lok Sabha or Rajya Sabha.
• He must not work for the government for which he gets a salary. Any field related to government jobs comes under this requirement.
• He also must have a minimum age of 35 to become eligible for the post of President.

This article also states the President’s financial benefits. The Parliament decides the financial benefits of the president. He can live in the official residences without paying rent.

The guidelines mentioned in the article continue to apply unless new laws are passed to change them. This ensures the President’s financial stability and independence while in office.

Historical Context and Precedents: 

• No President Has Been Impeached: 
  Despite the fact that the impeachment process has been a part of the Constitution since its adoption in 1950, no President of India has ever been impeached. This is largely due to the high bar required for impeachment and the fact that Presidents are expected to act according to the advice of the Council of Ministers, thereby reducing the likelihood of constitutional violations. 

• The 1969 Attempt Against President V. V. Giri: 
  The only case where an impeachment motion was seriously considered was in 1969 against President V. V. Giri. The motion was introduced in Parliament based on charges of misuse of office, but it failed to gather the necessary support and was not passed. This case highlights the difficulty of successfully impeaching a President under the Indian system. 

Term of the Office of President

Members elected by legislative assemblies elect the president of India. The President is elected following Article 56 of the Indian Constitution for a five-year term starting from the date they take office. They can be the President of India until their 5 years end. If the President violates the Constitution, then he will be impeached immediately by the House of Parliament. Then, their successor will get the chance to take the post of President.

If the President violates constitutional laws, they must resign as per Article 324 of the Indian Constitution. While the President can help clarify laws, they cannot go against existing laws. If the President, Vice-President, or civil officers are involved in serious crimes like bribery or treason, they can be removed under Article 2, Section 4.

Executive orders by the President must align with the Indian Constitution, even if opposed by some parties, as long as they do not contradict the written laws. The President, however, cannot declare war, interpret laws, or decide how federal money is spent.

Impeachment of President of India Article 61

According to Impeachment of President of India Article 61, there are the following points to keep in mind during impeachment:

1. If a President is to be impeached for breaking the Constitution, the Houses of Parliament are the ones who can initiate impeachment proceedings against the president of India- Lok sabha or Rajya sabha.

2. But they can not do it unless:

• They give at least 14 days written notice, signed by a quarter of the House members, saying they want to bring the charges.
• The charges are passed by at least two-thirds of the House members.

3. If one House of Parliament accuses the President of wrongdoing, the other House looks into it. The President can either defend themselves or have someone else speak for them.

4. If the second branch finds the President did something wrong, and most agree, the President is immediately taken out of the post.

This whole procedure of impeachment of the president of India is a significant and carefully thought-out measure, and it needs strong support from the government. Its purpose is to ensure that only serious matters lead to the President losing their job for breaking the rules.

Article 50, Draft Constitution of India 1948

1. If either House of Parliament wishes to impeach the President for breaching the Constitution, it must initiate the charge.
2. However, no such charge can be initiated unless:

(a) Members of the House provide a written notice, signed by at least thirty members, expressing their intention to move the resolution, and

(b) The resolution garners support from at least two-thirds of the total membership of the House.

3. Once either House initiates a charge, the other House will investigate it or ensure its investigation, and the President will have the right to appear and be represented during this process.
4. If, following the investigation, the House that investigated the charge passes a resolution supported by at least two-thirds of its total membership, declaring the charge against the President valid, the resolution will lead to the removal of the President from office, effective from the date of its passage.

Also Read :-

Indian Presidents: A List from 1950 to 2023

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List of Vice President of India from 1950 to 2023

A note on President Impeachment

Impeachment of President of India is an essential instrument for upholding accountability and maintaining the integrity of a democratic system.

Impeachment of the President of India:

• The Indian constitutional framework says that the President of India can be impeached in only one case if they are seen violating the constitution of India.
• The Impeachment of President of India article 61 contains the detailed process.
• The two houses of parliament hold the right to impeach the President of India. They are- Lok sabha and Rajya sabha. Any of the above houses can initiate the procedure for impeachment of the President. 

What is “Violation of the Constitution?”

• The Indian Constitution lacks an explicit definition for “violation of the Constitution.”
• Some people suggested using words like “treason, bribery, or other high crimes and misdemeanours” to clear the term volition of the Constitution.
• The father of our Indian constitution, Dr. B.R. Ambedkar believed that it must contain the actions, including breaching the President’s oath of office.
• Indian courts hold the authority to declare specific laws as “unconstitutional,” particularly if they impose upon fundamental rights or disrupt the Constitutional framework.
• While the Constitution remains silent on a precise definition, interpretations vary, and legal mechanisms exist to address actions perceived as “violations of the Constitution.”

Role of Public Opinion: Impact on the Impeachment Process

Impeachment of President of India, a relatively infrequent event, has received limited research attention. One area lacking substantial study is the media’s role in shaping public opinion on impeachment. Nevertheless, the media’s capacity to influence public sentiment appears significant, given its sway over the general populace and its impact on elected officials’ re-election prospects.

This independent study seeks a comprehensive understanding of how the media influences public views regarding impeachment. The central hypothesis states that, when exposed to neutral or positive media coverage, supporters of a sitting President tend to maintain favourable views of the President and his party while opposing impeachment. Members of the opposition party are likely to sustain negative opinions about the President and his party, thus supporting impeachment. Non-partisan individuals expect that exposure to neutral or positive media coverage of an impeached President will correlate with the prevailing public sentiment.

To assess these hypotheses, a comparative case study approach is employed, focusing on President Clinton’s 1998 impeachment and President Trump’s 2019 impeachment. This study combines content analysis of newspaper coverage with quantitative analysis of public opinion during these impeachment proceedings. Findings reveal a noticeable link between circulation, media coverage, and point of view on impeachment, influenced by the tone of media reporting throughout the impeachment process.

Impeachment of President of India of the Chief Justice of India/Judges

The process for impeaching judges, including the Chief Justice of India, is outlined in Article 124(4) of the Indian Constitution. Here are the key steps involved:

1. Notice of Motion: A notice of motion is issued by either 100 Members of Parliament (MPs) from the Lok Sabha or 50 MPs from the Rajya Sabha. This motion for removal can be moved in either House.
2. Committee Formation: If the motion is accepted, the Speaker or Chairman of the House forms a three-member committee. This committee comprises a senior judge of the Supreme Court, a judge of the High Court, and a distinguished jurist. Their task is to investigate the charges leveled against the Chief Justice of India.
3. Committee Decision: If the three-member committee supports the motion, the House where it was introduced discusses it. The House must pass the motion by a special majority, requiring support from a majority of its total membership and at least two-thirds of the members present and voting.

In summary, the impeachment process ensures a thorough examination of allegations against judges, including the Chief Justice, before any decision is made^.

Conclusion

The President of India has a great impact on the citizens. If a President is not following the rules, then how can the citizens go in the right direction? So, the President must follow the constitution. If he does not follow the constitution, then Parliament House will impeach him. Impeachment is a formal procedure that Parliament House uses to assess the conduct and integrity of high-ranking officials, particularly within a federal presidential Constitutional republic government. The Indian Parliament has established equal rights for everyone, whether he is an Indian citizen or the Indian President.

The President is a crucial part of the Union executive and holds the power to issue ordinances, as outlined in Article 123.

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