“A president cannot defend a nation if he is not held accountable to its laws.”
Introduction
Indian Constitution follows Parliamentary form of government in which President is the “Nominal head of the state”. President is considered as the first citizen of the India and act as the symbol of unity, integrity and solidarity of the nation. President is also a “commander-in-chief” of Indian Armed Forces.
Meaning of the Term Impeachment
Impeachment is a Quasi Judicial process to remove president from his office by a legislative body. The President can be removed from his office for the violation of the constitution. However, the phrase “Violation of Constitution” is not defined in the Constitution.
The Article 61 of Part V of the Indian Constitution provides procedure for impeachment of the President. It can be initiated by any house of the Parliament.
Procedure for Impeachment of the President
- The impeachment charges starts from either house of the parliament.
- 14 days prior notice should be given signed by not less than One-Fourth of the total number of member of the house.
- Such resolution has been passed by not less than two-thirds majority of the house.
- When the resolution is passed by either house of the parliament then it sends to second house. The other house shall investigate the charge and the President shall have the right to appear and to be represented at such investigation.
- If other house also passed the resolution by a majority of not less than two-thirds of the total membership of the house. Then, the president removed from his office as from the date on which the resolution is so passed.
Difference of the process of Impeachment of the president of India and the USA
| India | USA |
| Article 61 of the Indian constitution provides procedure for the impeachment of the president. | Article 2 of the USA constitution provides the rules of removal of the president. |
| Impeachment process can start at either house of the Parliament. | 2) Impeachment process can start only in the house of representatives. |
| 14 days prior notice is given to the president. | 3) No such prior notice is given here. |
| For the motion to be passed, two-third majority is required. | 4) Requires simple majority in the house of representatives. Whereas, two-third majority is required in the house of senate. |
(Author: Rajat Kumar, pursuing B.Com LLB from Rayat Bahra University, Mohali.)
