Impeachment

KNC501/KNC601 Constitution of India, Law and Engineering

Chapter 4: President of India

Unit 1

Unit 2

Unit 3

Unit 4

Unit 5

Appendix

Impeachment

There are not so many conditions that are given under the constitution for the impeachment of the president. The only one condition when the president can be impeached is the “violation of the constitution”.

Process of Impeachment

When the parliament found that there is a violation of the constitution has been by the president, either of the houses can take the initiative against the impeachment process. Let us consider that the Rajya Sabha takes the initiative first for the impeachment process. Now, the resolution will be put in the Rajya Sabha and the debate will be done on that resolution in Rajya Sabha. If the 2/3 majority agrees to it, the resolution will be considered as the passed by Rajya Sabha. After that, it will go to the Lok Sabha for the same proceedings. If the resolution for impeachment is also passed in the Lok Sabha by the majority the President will be removed from his seat.
Note: The president can sit in the session during his impeachment process.

When the office of the president can vacant?

The President’s office can be vacant under some circumstances, which are:

    • After the completion of the term of office.
    • By giving the resign of the president by forwarding his resignation letter to the Vice President of India.
    • When the impeachment resolution has been passed by both the Houses of Parliament.
    • If the SC declares the elections invalid done by Electoral College.

Author – Dilip Kumar Rawat

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