Home   »   Indian Polity   »   Impeachment of President in India

Impeachment of president in India, Meaning, Procedure and Impact

Impeachment of President of India

The process of Impeachment of President of India from all responsibilities and powers imposed by the post is known as impeachment of the president of India. In India, the term “impeachment of the president” refers to the entire procedure of removing the president from office. He could be removed from office for violating the Constitution via the impeachment process. In a nation with a federal presidential Constitutional republic government, an allegation of misbehavior against a public officer is known as impeachment.

The Impeachment of President of India is an important part of Indian Polity which an important subject in UPSC Syllabus. Students can also go for UPSC Mock Test to get more accuracy in their preparations.

Impeachment of President of India Meaning

Impeachment of President of India is the process of challenging the validity or dependability of something. It describes the process used to determine whether to strip a public official of all of the power and duties that come with the position. Thus, the term “impeachment” refers to the entire removal process.

Typically, it applies to the President, judges of judicial courts, and other positions listed in the constitution. In any of the various nations with federal, presidential, constitutional, or republican governments, impeachment refers to an allegation of wrongdoing presented against the holder of a government position.

Impeachment of President of India Procedure

Impeachment was first included in the Indian Constitution by the “Constitution Act, 1971” (Twenty-sixth Amendment). The President may be impeached and removed from office before the conclusion of his term, as per Article 61 of the Constitution. The President may be removed from office by the Parliament. Although the process has been created by law, no president has yet been the target of an impeachment trial.

Grounds for Impeachment of President in India

The only grounds for impeaching the president of India are alleged constitutional infractions. However, the constitution does not define “violation of the constitution”.

Process of Impeachment of President in India

In India, the Parliament’s impeachment procedure for the president is quasi-judicial in nature. Both the Lok Sabha and the Rajya Sabha have the authority to begin the process of impeaching the president of India. The Lok Sabha will evaluate the claims and cast a vote if it thinks they are true if the Rajya Sabha brings them. If the Lok Sabha receives the allegations, it will pass the resolution and submit them to the Lok Sabha.

Impeachment of President of India and its Impact

When a president is impeached, it means that the Houses of Parliament have decided to charge them with serious felonies and crimes against humanity. Impeachment is the sole legal action that can be taken to punish the president for breaking the law. The Indian President is entitled to legal representation during the proceedings from licensed attorneys. He has the option of choosing the Indian Attorney General or a lawyer to represent him.

The president’s unconstitutional activities would be found unlawful by the courts, even if, in accordance with Article 361 of the constitution, they cannot be summoned in for questioning unless they willingly agree to testify in court in support of them. The courts would make a decision based on the information given by the Union administration regarding the president’s position. The Supreme Court made it plain in the case Rameshwar Prasad & Others vs. Union of India on January 24, 2006 that the president can be tried for any crimes committed while in office and found guilty after quitting the post. The president cannot be tried in court and imprisoned while in office.

Impeachment of President of India UPSC

The procedure to remove an official is called the impeachment process. It takes use of the Constitution’s clauses to make sure that the President and other officials behave in a way that is appropriate for their positions and upholds the Constitution. It is a procedure for removing an official from office for breaking the oath, betraying confidence, or engaging in other grave wrongdoing. Although there has been resistance to every President, the impeachment procedure is rarely used. Instead, impeachment is a procedure to make public figures answerable for their deeds.

The Speaker immediately creates a three-member committee consisting of a Supreme Court judge, a Chief Justice of a high court, and an accomplished jurist who are empaneled to hear the allegations as soon as he receives such a notice. Students can read all the details related to UPSC by visiting the official website of StudyIQ UPSC Online Coaching.

Sharing is caring!

Impeachment of President in India FAQs

What is the notice period of Impeachment of President in India?

The notice period of Impeachment of President in India is 14 days.

Why Impeachment of President in India is quasi judicial?

The process of impeachment is quasi-judicial, which means that there must be a special majority of two-thirds members present and voting of both the houses.

What is Impeachment movement?

The motion to impeach is used to bring an accusation against a person. A majority vote is needed to put the accused on trial.

Who can impeach in India?

The President can be removed from office by a process of impeachment for 'violation of the Constitution'.

What is the Impeachment process against the president?

The House investigates through an impeachment inquiry; the House of Representatives must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations.

Leave a comment

Your email address will not be published. Required fields are marked *