Procedure for Impeachment of the President

“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

(1) The impeachment charges starts from either house of the parliament.
(2) 14 days prior notice should be given signed by not less than One-Fourth of
the total number of member of the house.
(3) Such resolution has been passed by not less than two-thirds majority of the
house.
 (4) 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.
(5) 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
1) Article 61 of the Indian constitution 1) Article 2 of the USA constitution
provides procedure for the provides the rules of removal of the
impeachment of the president. president.
2) Impeachment process can start at 2) Impeachment process can start only
either house of the Parliament. in the house of representatives.
3) 14 days prior notice is given to the 3) No such prior notice is given here.
president.
4) For the motion to be passed, two- 4) Requires simple majority in the
third majority is required. house of representatives. Whereas,
two-third majority is required in the
house of senate.