Introduction

 Idea of impeachment borrowed from the U.S. Constitution.

 Impeachment is a political instrument.
 Being otherwise immune from Parliamentary and judicial
control, the Fear of impeachment will keep the President
within the framework of the Constitution.
 The power to impeach might possibly be invoked in the event
of the President acting independently of, or contrary to ,
ministerial advice, or for “treason, bribery or other high crimes
or misdemeanors.”
 Grounds of removal: - ‘violation of the constitution’
 “Violation of the constitution” in a wider sense includes a
violation of the conventions, usages and spirit of the
Constitution.
 Article 56(1) r/w Article 61
 56. (1) The President shall hold office for a term of five years from
the date on which he enters upon his office:
 Provided that—
 (b) the President may, for violation of the Constitution, be removed
from office by impeachment in the manner provided in article 61.

 Process of Impeachment consists of two parts:

 The preferring of the charge by one of the Houses of Parliament
and
 The investigation of the same by the other House.
 Article 61. Procedure for impeachment of the President.
Stage1 (Preference of Charge)
(1) When a President is to be impeached for
violation of the Constitution, the charge
shall be preferred by either House of
Parliament.
(2) No such charge shall be preferred
unless—
(a) the proposal to prefer such charge is
contained in a resolution which has been
moved after at least fourteen days' notice
in writing signed by not less than one-
fourth of the total number of
members of the House has been given
of their intention to move the resolution,
and
(b) such resolution has been passed by a
majority of not less than two-thirds of
the total membership of the House.
Stage 2 (Investigative Stage)
(3) When a charge has been so preferred by
either House of Parliament, the other House
shall investigate the charge or cause the charge
to be investigated and the President shall have
the right to appear and to be represented at such
investigation.
(4) If as a result of the investigation a resolution
is passed by a majority of not less than two-
thirds of the total membership of the House by
which the charge was investigated or caused to
be investigated, declaring that the charge
preferred against the President has been
sustained, such resolution shall have the effect of
removing the President from his office as from
the date on which the resolution is so passed.
IMPEACHMENT OF THE PRESIDENT IN U.S.A

 Section 4 of Article II of the Constitution of United States

says:-
 “The President, Vice-President and all civil officers of the
United States, shall be removed from office on impeachment for,
and conviction of, treason, bribery, or other high crimes and
misdemeanors.”
 According to Article I, section 3, all impeachments are tried
solely by the Senate and when the President is being impeached
, the Chief Justice of the SC is to preside.
 To convict the President , concurrence of two-thirds of the
members present is needed.
 Procedure in USA
 House of Representatives brings the charges against the President.
 Referred to a special committee.
 This special committee of the House, after looking into the matter, may
recommend to the whole House, that the charges be incorporated in
Articles of impeachment.(simple majority)
 Transmitted to the Senate for action.
 All further proceedings rest with the Senate.
 The House of Representatives has no part in determining the verdict.
 The Senate has the sole power to try impeachment.
 After the charge is transmitted by the House of Representatives to the
Senate, the Senate hears the impeachment as a regular trial, at which
witnesses are heard and the accused is permitted to be represented by
counsel.
 A two-thirds vote of the senators present at the impeachment is necessary
for a conviction.
 At the trial of the President, the Chief Justice presides.
Andrew Johnson Richard Nixon Bill Clinton

42nd President
37th President Donald Trump
of the United
17th President of of the United 45th President of
States
the United States States United States
In office
In office January 20, First US President to
In office January 20, 1993 – January impeached twice
April 15, 1865 – 1969 – August 9, 20, 2001
March 4, 1869
1974
 Difference between USA & India
1. No. of President’s against whom Impeachment process
initiated
 India: None
 USA: 4 (Andrew Johnson, Richard Nixon, Bill Clinton, Donald Trump)
2. No of Presidents Impeached
 India: None
 USA: 3 (Andrew Johnson, Bill Clinton, Donald Trump)
3. No of Presidents Removed
 India: None
 USA: None
4. Grounds of Impeachment
 India: The President in India can be impeached only for violation of the
Constitution and not for any criminal offence.
 USA:- Indictable Offence- treason (sedition), bribery, other high crimes
and misdemeanors(bad behavior).
Difference between USA & India
3. Who can impeach?
 The use of the process of impeachment in India is restricted to the case of
the President only.
 In USA, President, Vice-President and all civil officers may be impeached.

4. Trial House
 In India, impeachment can be tried by either of the two Houses of
Parliament, and not necessarily by the Upper House [Rajya Sabha].
 In USA the Senate alone has the right to try all impeachments.
5. Presiding Officer
 There is no provision for the Chief Justice of India to preside at such
sittings of the House when the charge against the President is being
investigated.(Kazi Syed Karimuddin, CAD, Vol. VII, pp.1065, 1063 &
1081)
 Difference between USA & India
6. Majority Required
 For conviction , in the U.S.A., votes of 2/3 members of the
Senate present are needed, whereas, in India, votes of at least
2/3 of the total membership of the House is required.

7. Conviction
 India: Only removal from office
 USA: In addition to removal it may include certain civil
disabilities, punishment according to law.