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.
Which article of the Indian Constitution states that " If in any way the office of the President becomes vacant, then the Vice-President immediately assumes his office. " ? | |||
Right Option : C | |||
View Explanation |
Which of the following are correct : (a) 1/3 member of that House whether Rajya Sabha or Lok Sabha in Parliament must indicate their intention to propose a resolution with fourteen days prior notice. (b) During the process of impeachment, the President has the right to defend himself/herself through an authorized counsel. (c) If in any way the office of the President becomes vacant, then the Vice-President immediately assumes his office. | |||
Right Option : B | |||
View Explanation |
Which of the following are correct : (a) If office of the President becomes vacant, then the Chief Justice of India immediately assumes his office. (b) Article 65 of the Indian Constitution states that the Vice President will have to discharge his duties as a president if the office of president falls vacant. (c) A President can be removed for violation of the Constitution of India. | |||
Right Option : B | |||
View Explanation |
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