Article 61 of the Indian Constitution lays down the formal process by which the President of India, the head of state, can be removed from office before the expiry of their term. This procedure, known as impeachment, is a quasi-judicial process intended to be used only in exceptional circumstances, specifically for ‘violation of the Constitution’. It reflects the principle of checks and balances within the Indian democratic framework.
Original Text
61. Procedure for impeachment of the President
(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 a notice in writing of not less than fourteen days has been given of the intention to move the resolution, signed by not less than one-fourth of the total number of members of the House by which the charge is to be preferred; and (b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.
(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.
Detailed Explanation
Article 61 outlines a rigorous and specific procedure for the impeachment of the President of India. The sole ground for impeachment specified in the Constitution is ‘violation of the Constitution’ (mentioned in Article 56(1)(b) and referenced in Article 61(1)).
The process begins with the initiation of a charge in either House of Parliament (Lok Sabha or Rajya Sabha). To initiate this process, a resolution must be moved. This resolution can only be moved after certain conditions are met:
- Notice Period: A written notice stating the intention to move the resolution must be given at least fourteen days before the resolution is moved.
- Signatories: The notice must be signed by not less than one-fourth (1/4th) of the total number of members of the House in which the charge is being preferred.
- Passing of Resolution (Initiating House): The resolution containing the charge must be passed by the initiating House by a special majority, specifically, a majority of not less than two-thirds (2/3rd) of the total membership of that House. This signifies a strong consensus within the house preferring the charge.
Once the charge has been preferred and passed by the first House with the required majority, the process moves to the other House of Parliament. The second House has the responsibility to investigate the charge or cause it to be investigated. During this investigation, the President has the right to appear before the investigating House and to be represented by a counsel.
If, after the investigation, the second House passes a resolution declaring that the charge preferred against the President has been sustained, the impeachment process is complete. This resolution in the investigating House also requires a special majority: a majority of not less than two-thirds (2/3rd) of the total membership of that House.
Upon the passing of this resolution by the investigating House, the President stands removed from office from the date on which the resolution is so passed.
Detailed Notes
- Ground for Impeachment: ‘Violation of the Constitution’ (as per Article 56(1)(b)).
- Initiation: Charge can be preferred by either House of Parliament (Lok Sabha or Rajya Sabha).
- Conditions for Preferring Charge:
- A resolution proposing the charge must be moved.
- Requires a prior written notice of at least 14 days.
- Notice must be signed by not less than 1/4th of the total members of the initiating House.
- The resolution must be passed by the initiating House by a majority of not less than 2/3rd of its total membership.
- Investigation:
- Once the charge is preferred by one House, the other House investigates the charge or causes it to be investigated.
- The President has the right to appear and be represented during the investigation.
- Removal:
- If, after investigation, the second (investigating) House passes a resolution declaring the charge sustained.
- This resolution must be passed by a majority of not less than 2/3rd of the total membership of the investigating House.
- Effect: The President is removed from office from the date the resolution is passed by the investigating House.
- Nature: The impeachment procedure is a quasi-judicial process.
Additional Comments
- The ground “violation of the Constitution” is not explicitly defined in the Constitution, leaving it open to interpretation by Parliament.
- The requirement of a 2/3rd majority of the total membership (not just present and voting) in both Houses makes the impeachment process exceptionally difficult, ensuring the President’s security of tenure unless there is a broad political consensus.
- No President of India has ever been impeached.
- All members of Parliament (both elected and nominated members of Lok Sabha and Rajya Sabha) participate in the impeachment process. Note that this is different from the President’s election, where nominated members of both houses and members of state legislative assemblies do not vote.
Summary
Article 61 of the Indian Constitution outlines the impeachment procedure for the President for ‘violation of the Constitution’. The process can be initiated by either House of Parliament with a 14-day notice signed by 1/4th of its total members, followed by a resolution passed by a 2/3rd majority of that House’s total membership. The other House then investigates the charge, during which the President has the right to be present and represented. If the investigating House also passes a resolution by a 2/3rd majority of its total membership sustaining the charge, the President is removed from office.