Impeachment of President
Constitution provides the mechanism for the impeachment of the president to ensure the checks and balances in the powers of legislature and executives. And also to ensure the protection of democratic values. Reasons for impeachment may be following:
- For encroachment of Constitution
- For violation of the constitution
Also, Read: The Parliament : Lok Sabha and Rajya Sabha
Difference between removal and impeachment:
General there exist a confusion between impeachment and removal, for example, the judge of the high court or supreme courts are removed not impeached but to the president of India can not be removed but impeached by Parliament.
|Ground Required||Ground may or may not be required|
|Quasi-Judicial Process||May or may not be quasi-judicial process |
It may be an administrative exercise only. As in case of removal of Governor
But in case of Judges, Civil Servants etc. it becomes quasi-judicial process
|Legislative process with no executive orders||Can be a legislative process as well as executive process but at the end of the process and Executive Order will be issued.|
Process for Impeachment of President
The Resolution seeking impeachment of the president can be brought in either house of the Parliament.
Such nature resolution (for Impeachment of President) can be brought only after satisfying two pre-conditions:
- 14 days prior notice must be served to the President
- One fourth of the membership of the house in which it is proposed to be brought has signed the approval for bringing such resolution.
After the formal introduction in the house, the resolution for impeachment of the president is discussed and passed with the special majority which should not be less than two third of the strength of the house.
After being passed from the first house the resolution goes to the second house which constitutes a committee to probe the charges framed against the President.
All decisions regarding the Probe Committee will be taken by the second house only. Like who will be the member, how many members … etc.
President has right to defend before the committee either on his own or a legal professional of his choice. He can also ask the Attorney General to represent his case.
The process will continue further only if the probe committee prove the charges fully or partially.
The resolution for impeachment of President is then discussed in second house which again passes the resolution with special majority of not less than two third of the total strength of the house.
The moment second house passes the resolution, President stands impeached.