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Impeachment Process of Indian President

Welcome To MR CLASSES

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MAHFOOZ (MR Sir)

ASSISTANT PROFESSOR OF POLITICAL SCIENCE

MALDA COLLEGE, MALDA

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Can the President be removed?

  • Yes, The President of India can be removed from his office through an impeachment process
  • Article 61 of Indian Constitution deals with the process.

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Why the Provision for Impeachment?

  • India is republic, not monarchy
  • Constitution is supreme over all including the President of India
  • President is not above the law and the Constitution
  • Responsibility of President is to protect and defend the Constitution

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Grounds for Impeachment

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  • Violation of Constitution----- Only one ground
  • It has been not defined by the Constitution
  • Parliament has to decide

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Who can remove the President?

  • Parliament
  • Resolution for impeachment/removal can be initiated by either House
  • All members of Parliament can participate in the process
  • Differences between electing and removing President

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Process of Impeachment-1

  • Impeachment charges may be started by either House of Parliament.
  • Charges must be signed by one-fourth members of the House
  • 14 days notice to the President
  • must be passed by two-third majority of total members of the House

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Process of Impeachment-2

  • Impeachment resolution to be sent to another House
  • This House should investigate the charges
  • President will have the right to defend the charges
  • If the House sustains the charges and passes the resolution by two-third majority of its total membership
  • Once the resolution passed by this House, the President stands impeached on the same day

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Checkpoints in Impeachment Process

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  1. Ground: Violation of the Constitution
  2. Charges must be signed by one-fourth of members of initiating House
  3. 14 days notice to the President
  4. To be passed with two-third majority of the House

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Checkpoints in Impeachment Process

  1. Second House to investigate the charges
  2. President has the right to defend himself
  3. Resolution to be passed by the House with two-third majority
  4. The whole process to be completed within the same session

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List of Presidents impeached so far

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  • No President has been impeached till now

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Process is difficult

  • Highest Post, most respectable post
  • Security of tenure
  • Impeachment motion associates the President with shame, ruination of public career of the President

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