The impeachment process for the President of India is a rare and significant constitutional procedure outlined in Article 61 of the Indian Constitution. Impeachment is a formal process of accusing a high-ranking official of wrongdoing or misconduct. In the case of the President of India, the process involves charges of violation of the Constitution.
Grounds for Impeachment:
The President of India can be impeached only on the grounds of:
- Violation of the Constitution, or
- Gross misconduct.
Initiating the Impeachment Process:
The process can be initiated in either house of Parliament (Lok Sabha or Rajya Sabha). It requires:
- Notice:
A notice containing the charges against the President must be signed by at least one-quarter of the total members of that house and given to the presiding officer.
2. Verification:
The presiding officer (Speaker of the Lok Sabha or Chairman of the Rajya Sabha) must consult and satisfy themselves about the sufficiency of the charges.
Investigation and Resolution:
- Investigation Committee:
If the notice is accepted, an investigation committee is formed. The committee consists of three members: the Chief Justice of India or a judge of the Supreme Court, and two eminent jurists
2. Investigation:
The committee investigates the charges and presents its findings to the presiding officer.
3. Resolution:
Based on the committee’s findings, the house can pass a resolution by a special majority (a majority of the total membership and a majority of not less than two-thirds of the members present and voting) to impeach the President.
Other Key Points:
- No Joint Sitting:
Unlike the process of removing a judge (under Article 124), there is no provision for a joint sitting of both houses in the case of the President’s impeachment. Each house acts separately.
2. No Criminal Proceedings:
The President, during their term of office, is immune from any criminal proceedings. However, impeachment is a political process, not a criminal one.
3. Suspension of Duties:
If a resolution for impeachment is passed, the President is suspended from performing their duties until the impeachment process is completed.
Special Majority:
The term “special majority” means a majority of the total membership of the house and a majority of not less than two-thirds of the members present and voting.
Conclusion of Impeachment:
If the impeachment resolution is passed in both houses, the President stands impeached and ceases to hold office. The Vice President then acts as the President until a new President is elected.
The impeachment process is a safeguard against abuse of power and ensures accountability of the President to the Constitution and the people. It is a rigorous process with high constitutional thresholds, reflecting the gravity and importance of the decision to impeach the head of state.
