Constitution of India · Section Article 61
Procedure for impeachment of the President
Article 61 — Procedure for impeachment of the President
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 at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, 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.
Plain English Summary
This article explains the formal process (impeachment) by which the President of India can be removed from office if they violate the Constitution. A charge must first be formally proposed in a resolution by either House of Parliament, following strict procedural rules regarding notice and majority support.
Key Points
- Initiation: A charge against the President must be proposed through a resolution moved after giving at least fourteen days' written notice to the other House.
- Support Required: The resolution must be passed by a majority of at least two-thirds of the total membership of the House.
- Investigation: After a charge is preferred, the other House must investigate it, and the President has the right to be heard during this investigation.
- Removal: If the investigating House passes a resolution supported by two-thirds majority declaring the charge sustained, the President is removed from office immediately.
Why It Matters
This article sets out the constitutional mechanism for holding the highest office accountable, ensuring that the removal process is rigorous and requires strong parliamentary consensus before the President can be removed.
Landmark Judgements
No major landmark judgements.