What is the procedure for impeachment of President of India?
Impeachment is a process by which a high-ranking government official, including the President of India, can be removed from office for serious misconduct or violation of the Constitution. The impeachment process is a constitutional mechanism designed to hold public officials accountable for their actions.
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In India, the impeachment process of the President can be initiated only on the grounds of violation of the Constitution. The process of impeachment involves two stages:
The first stage is the passing of a motion for impeachment in either the Lok Sabha (the lower house of Parliament) or the Rajya Sabha (the upper house of Parliament). The motion can be initiated by either a minimum of 1/4th of the members of the Lok Sabha or a minimum of 1/10th of the members of the Rajya Sabha.
The second stage involves an inquiry into the allegations made in the motion. The inquiry is conducted by a committee consisting of three members from the Lok Sabha, three members from the Rajya Sabha, and a jurist who is appointed by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha. If the committee finds the President guilty of the charges made in the motion, then the motion is put to vote in both houses of Parliament. The motion can be passed only if it is supported by a two-thirds majority of the members present and voting in each House.
If the motion is passed by both Houses of Parliament, then the President is deemed to be impeached and is removed from office. The Vice President of India then assumes the role of the President until a new President is elected.
It is important to note that the impeachment process is difficult and rare and has never been initiated against a President of India.
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Notice of Motion: A member of the Lok Sabha or the Rajya Sabha must give a notice of motion for the impeachment of the President to the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, respectively. The notice must be signed by at least one-fourth of the total number of members of the House.
Investigation: The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha then constitutes a committee to investigate the charges made in the notice of motion. The committee can be made up of members of both Houses of Parliament.
Findings of the Committee: The committee conducts a thorough investigation into the charges made against the President and submits its findings to the House that initiated the notice of motion.
Consideration in the House: The House that initiated the notice of motion then considers the findings of the committee and decides whether to accept or reject the motion. If the motion is accepted, a resolution for the impeachment of the President is passed by a majority of not less than two-thirds of the total membership of that House.
Consideration in the Other House: The resolution for the impeachment of the President is then presented to the other House of Parliament for consideration. If the other House also passes the resolution by a majority of not less than two-thirds of the members present and voting, the President is removed from office with effect from the date on which the second resolution is passed.
Removal: If the resolution for the impeachment of the President is passed by both Houses of Parliament, the President is considered removed from office with effect from the date on which the second resolution is passed.
It is important to note that the procedure for impeachment of the President of India is a very lengthy and difficult process. The President can only be impeached on the grounds of violation of the Constitution and not for any other reason. The procedure ensures that the charges made against the President are thoroughly investigated before the motion is taken up for consideration by both Houses of Parliament.