Consider the following statements with reference to Impeachment of the President. 1. The "Violation of Constitution" as a ground of removal is explicitly mentioned in the constitution of India. 2. The impeachment charges can only be initiated by Lok sabha. 3. The nominated members of either House of Parliament can participate in the impeachment of the President. Which of the statements given above is/are correct:
Consider the following statements with reference to Impeachment of the President. 1. The "Violation of Constitution" as a ground of removal is explicitly mentioned in the constitution of India. 2. The impeachment charges can only be initiated by Lok sabha. 3. The nominated members of either House of Parliament can participate in the impeachment of the President. Which of the statements given above is/are correct: Correct Answer 1 and 3 only
The correct answer is 1 and 3 only.
Important Points
- Impeachment of President
- Article 61 of the Indian Constitution deals with the procedure for impeachment of the President.
- The President can be removed from office by a process of impeachment for ‘violation of the Constitution’. Hence, statement 1 is correct.
- However, the Constitution does not define the meaning of the phrase ‘violation of the Constitution’.
- The impeachment charges can be initiated by either House of Parliament. Hence, statement 2 is NOT correct.
- These charges should be signed by one-fourth members of the House (that framed the charges), and a 14 days’ notice should be given to the President.
- After the impeachment resolution is passed by a majority of two-thirds of the total membership of that House, it is sent to the other House, which should investigate the charges.
- The President has the right to appear and to be represented at such investigation.
- If the other House also sustains the charges and passes the impeachment resolution by a majority of two-thirds of the total membership, then the President stands removed from his office from the date on which the resolution is so passed.
- Thus, impeachment is a quasi-judicial procedure in Parliament.
- In this context, two things should be noted:
- the nominated members of either House of Parliament can participate in the impeachment of the President though they do not participate in his election; Hence, statement 3 is correct.
- the elected members of the legislative assemblies of states and the Union Territories of Delhi and Puducherry do not participate in the impeachment of the President though they participate in his election.
- The President can be removed from office by a process of impeachment for ‘violation of the Constitution’. Hence, statement 1 is correct.
- No President has so far been impeached.
মোঃ আরিফুল ইসলাম
Feb 20, 2025