Impeachment of the President can be done by the parliament of India. The impeachment procedure can be initiated if the President violates the Indian Constitution before the end of his term in office. The charges of impeachment can be initiated in either house of the Parliament. There has never been an impeachment trial for a president. However, the national law has established the process. Article 61 of the Constitution of India is related to the process of impeachment of the President of India. In this article, we will look into the procedure of impeachment of the President in India in detail.
Table of Content
What is Impeachment?
Raising doubt on something’s validity or dependability is the act of impeachment. It describes the process used to determine whether or not to remove a public official from all the power and duties that go along with their position. Therefore, the term impeachment refers to the entire removal process. It usually applies to the President, judges of judicial courts, and other positions specified in the Constitution.
Impeachment of the President of India
The Indian constitution first included impeachment in the Constitution Act 1971 (Twenty-sixth Amendment). The President may be impeached and removed from office before the end of his term in accordance with Article 61 of the Constitution. The President may be removed from office by the Parliament. No president has been the subject of an impeachment trial as of yet, despite the process being set by national law.
Reasons for President’s Impeachment
The Indian constitution states that only violations of the constitution can lead to the president’s impeachment. The constitution does not, however, define “violation of the constitution.”
Impeachment Process of the President
The process of impeachment of the President of India for “violation of the Constitution” can remove the current President from office before the end of his five-year tenure. While the removal from office is the established definition of impeachment, the Constitution does not define “violation of Constitution.”
- The impeachment process against the President may be started by either house of the Indian Parliament.
- The charges shall be signed by one-fourth of the House members who prepared the impeachment charges, and the presidents should get a 14-day notice.
- Once the impeachment resolution is approved by the two-thirds majority of the House, which started the impeachment proceedings, it is sent to the other House for an investigation of the claims.
- The President has the right to be represented and the right to appear before the House of Investigations.
- On the other hand, the President is considered to have left office as of that day if the motion is approved by a two-thirds majority in the other House as well.
Impact of Impeachment of President of India
Impeachment of a president indicates that the Houses of Parliament have agreed to accuse them of serious offenses and crimes against humanity. The only available legal remedy for the president who violates the law is impeachment. During the procedures, the Indian President is entitled to legal representation from licensed attorneys. He can choose to be represented by a lawyer or by the Attorney General of India.
Even if they cannot be called in for interrogation under Article 361 of the constitution unless they voluntarily consent to testify in favor of them, the president’s unconstitutional actions would be declared unlawful by the courts. The Union administration’s information about the president’s position would be the basis for the judges’ decision. In the case of Rameshwar Prasad & Others vs. Union of India, decided on January 24, 2006, the Supreme Court made it clear that a president can be tried for any crimes committed while holding office and found guilty after resigning from office. While in office, the president is immune from judicial proceedings and imprisonment.
Is it Possible for the President’s Office to be Vacant?
Yes, the following situations could result in his office being vacant:
- When the five-year tenure of the President of India comes to an end.
- In the event that the President tenders his resignation to the Vice-President of India.
- He gets removed if the Lok Sabha or Rajya Sabha files an impeachment allegation and it is accepted.
- If he passes away at work.
- In the event that the Supreme Court rules that his election was illegal.
Conclusion
In conclusion, the President may be removed from office by the Indian Parliament for violating the Indian Constitution, before the end of his tenure. Either of the two houses of Parliament could begin the process. The House of Representatives begins by accusing the President. A notice containing the allegations needs to be signed by one-fourth of the members of the House. After 14 days, the notification is sent to the President, who will review it. India has never had to deal with the impeachment of a president.
Also Read:
Questions and Answers on Impeachment of the President
1. What is the Process of Impeachment of President in India?
When one-fourth of the Lok Sabha’s MPs have signed the allegations of impeachment the Indian President is given a notice period of fourteen days. The impeachment accusations are then approved by the Lok Sabha with a two-thirds majority and forwarded to the Rajya Sabha. Rajya Sabha then looks into the accusations.
2. Impeachment of President in India Borrowed from Where?
The USA is the source of the Indian president’s impeachment procedure. Any House of Parliament may file an impeachment against a President if there has been a constitutional breach. 25% of the Lok Sabha’s MPs have signed the allegations of impeachment.
3. Who can impeach the President of India?
Either House of Parliament has the authority to start the impeachment process. One-fourth of the House members who framed the charges shall sign these charges, and the President should be notified 14 days in advance. Impeachment of a President has not occurred yet.
4. Impeachment of President of India can be initiated Where?
Article 61 of the Indian Constitution stipulates the process of impeachment of the President. Either house of the Parliament may begin the process of impeachment. A notice of fourteen days should be given to the President, and accusations must be signed by one-fourth of the House members.
5. Which Article deals with Impeachment of President?
The process for impeaching the President of India is outlined in Article 61 of the Constitution. Whichever House of Parliament prefers to bring charges against the President for violating the Constitution, that House will bring the charges forward.