Part V - The Union • Article

Article 61 Simplified: Procedure for impeachment of the President

Article 61 is the 'Check on Power.' It says that even the President is not above the Constitution. If a President breaks the rules of the Constitution, Parliament can remove them through a process called Impeachment. It is a very difficult process that requires a 2/3rd majority vote, ensuring it's only used for very serious reasons.

Official Text

(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.

Simple Meaning

Explain Like Ten

If the President does something that breaks the Constitution, Parliament can hold a trial to remove them. It starts in one house (with a 14-day notice and 1/4th support), and if 2/3rds of that house agree, the other house investigates the charges. If they also vote with a 2/3rd majority, the President is removed.

Student Mode

Outlines the quasi-judicial procedure for President's impeachment. Under Article 61, either House of Parliament can prefer the charge of 'violation of the Constitution'. Requires: (1) 14 days' written notice signed by 1/4th of the House members, (2) resolution passed by a special 2/3rd majority of the total membership of that House, (3) investigation by the other House, where the President can appear and defend themselves, and (4) resolution passed by 2/3rd of total membership of the investigating House to sustain removal.

Example

If a President were to refuse to follow the Constitution, Article 61 provides the legal way to remove them from office to protect democracy.

Key Takeaway

No one, not even the President, is above the law of the Constitution.

FAQs

Has any President of India ever been impeached?

No. To date, no President of India has ever faced impeachment proceedings.

What kind of majority is required for impeachment?

It requires a special majority of not less than two-thirds of the total membership of the House in both houses. This is the most stringent majority requirement in the Indian Constitution.

Can the President defend themselves during impeachment?

Yes, the President has the right to appear in person and be represented by counsel or legal advisors during the investigation in the second House.

Quiz

Impeachment charges against the President can be initiated in:

Answer: Either House of Parliament

What majority is required in each House of Parliament to impeach the President?

Answer: 2/3rd majority of the total membership of the House

How many days of written notice must be given before moving an impeachment resolution?

Answer: 14 days