Impeachment is the removal of the President from office if he has violated the Constitution. There is a proper procedure given under the Constitution of India, in which Parliament possesses the right to perform this activity. So far, not even a single President of India has been impeached.
What is Impeachment?
- Impeachment refers to the process through which a congress brings a charge against an officer, among whom is the President, for misbehavior.
- It is a serious process and is only carried out in cases where offenses are severe such as:
- Treason.
- Bribery.
- Corruption.
- Abuse of power.
- An infraction of the fundamental rights.
Grounds for Impeachment:
The President can be impeached for:
- Violations of the Constitution, which include:
- Treason.
- Bribery.
- Corruption or abuse of power.
- Serious misconduct or neglect of duty.
- Violations of constitutional rights.
Other grounds for which the President shall not be removed:
- Death.
- Resignation (by tendering to the Vice President).
- The Supreme Court finds that their election is void.
How Removal Works (Article 61):
Removal is initiated either in Lok Sabha or Rajya Sabha.
Procedure:
- A resolution supported by charges is introduced in one House of Parliament.
- If the resolution is passed by that house, it is sent to the other house for scrutiny.
- Both houses have to pass the charges with a two-thirds majority for the removal of the President.
Who can participate:
- Nominated members of Parliament are allowed to participate in the process, though they did not vote for the election of the President.
- Members of state legislatures or union territories (such as Delhi and Puducherry) cannot vote, although they voted in the election for President.
Impact of Impeachment:
- When Parliament impeaches the President, it means that the President is guilty of grave misconduct or has breached the Constitution.
- The President cannot be interrogated or punished while he is in office but may be prosecuted after leaving the office.
- During impeachment, the President can take the help of lawyers to be defended.
Debates in the Constituent Assembly:
- The procedure for impeachment was debated in the Constituent Assembly on December 28, 1948.
- Some members were of the view that only Lok Sabha may have the right to present the impeachment because it represents the people.
- Others suggested that the Chief Justice of India may present the proceedings, as the United States does.
- The decision was such that either house of Parliament could initiate the process, and both houses would have a role in removal.
Qualifications for Being the President of the Country (Article 59):
- The President should not be a member of Parliament nor hold any other paid office of emolument.
- If the President were a member of Parliament, he must resign from that position upon his election.
- The President is entitled to live rent-free in Rashtrapati Bhavan and receives a salary and allowances fixed by Parliament which cannot be reduced during his term.
- The President cannot be arrested or detained while holding office. Legal cases for personal actions can only begin with two months’ prior notice.
Term of Office (Article 56):
- The President serves for five years, counting from the date of inauguration.
- They can resign by letter to the Vice President.
- Even after five years, the President can serve until a new President is elected.
- There is no limit to the number of terms one can serve as President.
Conclusion:
Impeachment is a serious and rare process through which the President can be held accountable in case he violated the Constitution. It ensures checks and balances in the system while protecting the dignity of the office. Though no President has been impeached so far, the detailed procedure reflects the importance of maintaining constitutional integrity in India.
