Removal of the President


 
 
Concept Explanation
 

Removal of the President

 

Impeachment of the President

Removal of the President: Article 61 states, "The President may be removed before the expiry of his/her term through impeachment. A President can be removed for violation of the Constitution of India."

The process may start in either of the two houses of the Parliament. The house initiates the process by leveling the charges against the President. The charges are contained in a notice, which has to be signed by at least one quarter of the total members of that house. The notice is sent up to the President and 14 days later, it is taken up for consideration.

A resolution to impeach the President has to be passed by a two-third majority of the total members of the originating house. It is then sent to the other house. The other house investigates the charges that have been made. During this process, the President has the right to defend himself/herself through an authorized counsel. If the second house also approves the charges made by two-third majority again, the President stands impeached and is deemed to have vacated his/her office from the date when such a resolution stands passed. Other than impeachment, no other penalty can be given to the President for the violation of the Constitution.

No President has faced impeachment proceedings. Hence, the above provisions have never been used.

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Sample Questions
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Question : 1

Whose recommendation is mandatory to impeach the president of India from office before the completion of his/her term ?             [HSSC CGL 2017]

Right Option : D
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Explanation
Question : 2

Supreme Court will have the final right to investigate and decide all doubts and disputes arising out of the election of the President or Vice President.

Right Option : C
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Explanation
Question : 3

Which of the following are correct :

(a) Article 60 of the Constitution states that “Violation of the Constitution can lead to impeachment of the President."

(b) Only one President has been impeached so far.

Right Option : D
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Explanation
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