Maarg Manthan · Topic 13.5

Impeachment of the President (Article 61)

Indian Polity › President · Topic 13.5

The President can be impeached under Article 61 for violation of the Constitution: charges signed by one-fourth of a House, 14 days’ notice, and a two-thirds total-membership resolution in both Houses, with the second House investigating.

5 min read · UPSC Prelims · Polity · President

At a Glance

What it is The process of removing the President for violation of the Constitution
Article Article 61
Charges Signed by one-fourth of the House; 14 days’ notice
Majority Two-thirds of total membership in each House
Exam link UPSC Prelims, Polity: President

Where Does It Fit?

This is the fifth topic of the category on the President. Impeachment is the only way to remove the President before the term ends. It is called a quasi-judicial procedure in Parliament, and no President has so far been impeached.

Ground

The President can be removed from office by the process of impeachment for ‘violation of the Constitution’. The Constitution does not define the meaning of the phrase. This leaves the content of the ground to be settled by Parliament in each case. The Article also gives the President the right to be present and to be represented while the second House investigates the charges, so that the President is heard before being removed, as in any judicial inquiry.

Procedure

The charges can be initiated by either House of Parliament.
The charges must be signed by one-fourth of the members of the House that framed them.
A 14 days’ notice must be given to the President.
The impeachment resolution must be passed by a majority of two-thirds of the total membership of that House.
It is then sent to the other House, which investigates the charges. The President has the right to appear and to be represented at the investigation.
If the other House also sustains the charges and passes the resolution by a majority of two-thirds of its total membership, the President stands removed from the date on which the resolution is so passed.

Who Participates

Group	Election of the President	Impeachment of the President
Elected members of Parliament	Yes	Yes
Nominated members of Parliament	No	Yes
Elected members of state assemblies and of Delhi and Puducherry	Yes	No
Members of legislative councils	No	No

These differences are a frequent trap. Nominated members of either House can take part in the impeachment though they do not take part in the election, while the elected members of the state assemblies and of the Union Territories of Delhi and Puducherry take part in the election but not in the impeachment.

Impeachment in a Comparative Frame

In the USA, the President is removed by Congress only by impeachment for a grave unconstitutional act, because the President is both head of State and head of the government and is not responsible to Congress. In India the real executive, the council of ministers, is collectively responsible to the Lok Sabha and can be removed by a vote of no confidence. The procedure also differs from the removal of the Vice-President, who can be removed by a resolution passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha, with 14 days’ notice; no ground for the Vice-President’s removal is mentioned in the Constitution.

Nature and Record

Impeachment is a quasi-judicial procedure, because one House acts as the accuser and the other as the investigator, and the President can defend himself or herself. The majority required is two-thirds of the total membership of each House, and not of members present and voting. No President has so far been impeached. The impeachment of a President under Article 61 is distinct from the removal of the Vice-President, which is done by a simpler resolution of the Rajya Sabha agreed to by the Lok Sabha.

Impeachment is one of five ways a vacancy can arise, the others being the expiry of the term, resignation, death, and disqualification or the election being declared void. After removal, the election of a new President must be held within six months, and the Vice-President acts as President in the meantime. When the Vice-President acts as President on removal, he or she enjoys all the powers and immunities of the President.

Why Is This Topic Important?

Direct questions Procedure and majority are asked often
Comparison with judges Judge removal differs
Participation trap Who votes where

What Came Next?

The next topic covers filling a casual vacancy in the office of the President.

Key People and Terms

Impeachment Removal for violation of the Constitution
Quasi-judicial Judicial-like process in Parliament
Total membership Full strength of the House
Notice 14 days to the President
Investigation By the other House

Exam Corner

Points to Remember

Ground: violation of the Constitution (undefined).
One-fourth signatures; 14 days notice.
Two-thirds of total membership in both Houses.
No President has been impeached.

Do Not Confuse With

Total membership and present and voting Impeachment needs two-thirds of total membership
Who elects and who impeaches Nominated MPs impeach but do not elect
Impeachment and resignation Resignation is voluntary to the Vice-President

Memory Hook

Quarter to charge, fortnight notice, two-thirds of the whole in both Houses.

Mains Angle

Questions on this topic usually ask about the rarity and rigour of impeachment. Use these points to add depth.

High threshold Two-thirds of total membership twice
Due process Notice and right to defend
Vague ground Violation of the Constitution is undefined
Parliamentary body No court involved

A Question You May Face

An original practice question, not a past paper question.

“Explain the procedure for impeachment of the President and why it is called quasi-judicial.”

How to Answer

Introduction Article 61.
Procedure Steps.
Participation Who votes.
Conclusion Safeguards and rarity.

GS Relevance

Prelims: Indian Polity, President. GS Paper 2: Executive and Parliament.

Frequently Asked Questions

On what ground can the President be impeached?

The President can be impeached for violation of the Constitution. The Constitution does not define the phrase violation of the Constitution, so its meaning is left to be established through the impeachment process in Parliament.

What is the procedure for impeaching the President?

The charges, signed by one-fourth of the members of the originating House, are moved after 14 days’ notice. The House passes the resolution by two-thirds of its total membership, the other House investigates, and a two-thirds total membership vote there removes the President.

Why is impeachment called a quasi-judicial procedure?

Because one House frames the charges and the other investigates them, with the President having the right to appear and be represented. It follows a judicial-style inquiry but is conducted entirely by Parliament, not by a court.

Can nominated members of Parliament vote in impeachment?

Yes. Nominated members of either House can participate in the impeachment of the President, though they do not take part in the election. Elected members of state assemblies and of Delhi and Puducherry do not participate in impeachment.

Has any President of India been impeached?

No. No President of India has so far been impeached under Article 61. The procedure has never been completed, and a vacancy in the office has arisen only by expiry of the term, death or other reasons.

PYQ Practice — Statement Analysis

1 Impeachment resolution needs a majority of two-thirds of members present and voting.

False

Of the total membership.

2 Elected members of state assemblies take part in impeachment.