Article 61 Of The Indian Constitution: Impeachment Of President Of India

Today we are going to talk about Article 61 of the Indian Constitution, which states ‘Impeachment of President’. It explains how the President can be removed and what requirements are necessary for that to happen. There are some criteria, if fulfilled then the elected President can be removed from his post. So let us know what the criteria with the help of which the President can be removed from his post without his permission.

Article 61 Impeachment Of President Of India

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 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.

Also read: Article 60 Of The Indian Constitution: Explained In Simple Words

Article 61 Of The Indian Constitution Explanation

When a candidate is elected as President, he/she can stay in office for 5 years. If they want to continue being president after that, they must win the election again. But before 5 years, he can resign on his own will, it is not necessary that he has to spend the entire 5 years in the office. Moreover, the President can also be removed from his post with his intention, this procedure is called ‘Impeachment of President’.

Only the Parliament can remove the President from his position. There are two houses of Parliament, one is the Rajya Sabha and the other is the Lok Sabha. Either of the two Houses of Parliament can start the process of impeachment of the president from office. It is not that the process of removing the President from his post can be started at any time and by anyone. The following criteria must be matched to remove the President from his post.

• The President can be impeached only if he/she has violated or insulted the Constitution of India. But it is not written in any constitution what kind of violation the President should not commit. If the President disrespects the things that are written in the Indian Constitution, it will be considered that he is violating the Constitution.

• The House of Parliament that executes the impeachment process must inform the President 14 days in advance, he/she must be aware of the action they are going to take him/her. This notice will not be given directly to the President but it will be given to the Speaker if it is Lok Sabha and to the Chairman of Rajya Sabha if it is Rajya Sabha.

• The process of impeachment will start only when 1/4th of members sign the notice, otherwise not.

• Now the discussion will start in the House of Parliament which started the impeachment process and 2/3 members of that House should sign the agreement to start the impeachment process against the President.

• Now that agreement will go to the other parliament house and if 2/3 members there also sign it then the president will be removed from his post.