Impeachment: Meaning and Procedure

Part V of the Indian Constitution, including Articles 52 to 78, deals with the Union Executive. However, we shall be debating the President of the Indian State. The President of India is the nominal leader of the country's three branches of government: the executive, the legislative, and the judiciary. The President of India is also the Commander-in-Chief of India's three military forces.

Article 52 establishes a President of India, while Article 53 gives the President of India executive responsibility over the Union. Though this article specifies that the authority granted might be exercised directly by the President of India or through the officer's subordinate to the President, the power of the executive is actually exercised in reality through the Council of Ministers led by the Prime Minister. Article 61 addresses the impeachment of the President of India. However, before proceeding with the impeachment process, we must first understand the president's qualifications, oaths, conditions, and term of office.

What is meant by Impeachment?

Impeachment is defined as the act of bringing into question the integrity or legitimacy of something. The process of removing a person in a position from exercising all of the powers and responsibilities that the post requires is referred to as impeachment. Impeachment refers to the complete removal procedure.

The President, judges of judicial courts, and other constitutional posts are often covered by it. In several nations with federal presidential constitutional republic governments, impeachment refers to a claim of misbehavior brought against the incumbent of a public office.

When can the President be Impeached

Article 56 deals with the president's term, which is expected to be five years unless:

• The president passes away.

• The president resigns before the end of his term, and his resignation must be reported to the vice president, who must then notify the Lok Sabha speaker.

• Article 61 of the Indian Constitution discusses the procedure of impeachment and how the president is removed for violating the constitution. The president's impeachment can be initiated by either chamber of Parliament. However, the term "constitutional violation" is not defined in the Indian Constitution.

• If the Supreme Court rules that the election was illegitimate

Procedure for Impeachment of the President

Impeachment represents a significant occurrence that occurs when the President of an Indian nation breaks a constitutional rule or fails to perform any crucial function for the advancement of the nation. Article 61 deals especially with the procedure of removing the Indian president.

Now, in order to have a better understanding of the president's impeachment, we shall proceed step by step:

Impeachment charges can be presented by either House of Parliament.

• These offences must be signed by one-fourth of the House members who committed them, and the President must be given 14 days' notice.

• The impeachment resolution is forwarded to the other house, which is responsible for examining the accusations, when it is passed by a two-thirds majority of the total membership of that house.

• The president is allowed to appear and be represented during such an investigation

• The President is removed from office as of the day the resolution is enacted if the other House concurs with the accusations and approves the impeachment resolution with a two-thirds majority of its members.

• As a result, impeachment in Parliament is a quasi-judicial proceeding.

• Two things should be addressed in this context

• Even if they did not vote in the president's election, nominated members of either House of Parliament can participate in his impeachment.

• Even though they voted in his election, elected members of the legislative assembly in states and the Union Territories of Delhi and Puducherry are barred from participating in the impeachment of the president.

  
  

Conclusion

The impeachment procedure is used to remove a public officer. It makes use of constitutional measures to guarantee that the president and other officials operate in accordance with their positions and the Constitution. It is a procedure for removing an official from office for oath violation, breach of trust, or other significant wrongdoing. Every president has faced opposition, although the impeachment procedure is rarely used. Instead, impeachment is a procedure that holds authorities accountable for their acts. When the Speaker gets such a notice, he appoints a three-member committee comprised of a Supreme Court judge, a Chief Justice of a high court, and a prominent jurist to hear the complaints.

Frequently Asked Questions

Q1. What is the procedure for removing the President?

Ans. When an Indian president is impeached, the procedure goes as follows: After the impeachment resolution is passed, a two-thirds majority is necessary to remove the president. If the allegations are sustained and passed by a majority of two-thirds of the entire membership in the other house, the president is removed, another person takes over as president, or elections for a new president are held.

Q2. What is the significance of the 86th Amendment Act of 2002?

Ans. The 86th Amendment Act was enacted to give children a basic right to free and compulsory education, as well as to emphasize children's rights to appropriate schooling in close proximity.

Q3. Who can initiate impeachment against the president?

Ans. The impeachment proceedings against the president may be initiated by either House of Parliament. These allegations must be signed by 14 members of the House.

Q4. Who takes over if the president is impeached?

Ans. The vice president of the United States serves as president from the time the president resigns until the next president takes office.

Q5. What is the constitutional position with respect to the impeachment of the president?

Ans. The Constitution does not define the term "violation of the Constitution," but it does provide for the president to be removed from office through an impeachment process.