Actual Article
Article 61: Procedure for impeachment of the President
- When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.
- No such charge shall be preferred unless—
- (a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days’ notice in writing signed by not less than one-fourth of the total number of members of the House; and
- (b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.
- When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated, and the President shall have the right to appear and to be represented at such investigation.
- If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.
UPSC Notes for Article 61
Explanation:
- Impeachment Process: Article 61 outlines the process for the impeachment of the President of India for “violation of the Constitution.”
- Initiation of Charge: The charge can be initiated in either House of Parliament. A resolution proposing the charge must be signed by at least one-fourth of the members and must be passed by a two-thirds majority.
- Investigation and Representation: The other House investigates the charge, allowing the President to appear and be represented during the investigation.
- Final Resolution: If the investigating House passes a resolution by a two-thirds majority, declaring the charge sustained, the President is removed from office from the date of the resolution.
Key Points:
- High Threshold: The high threshold for initiating and sustaining the impeachment charge ensures that the process is not misused for political purposes.
- Right to Defend: The President’s right to defend themselves ensures a fair and transparent process.
- Bicameral Involvement: Involvement of both Houses of Parliament reflects the gravity and solemnity of the impeachment process.
Important Cases and Commissions Related to Article 61
Cases:
- No direct case: There have been no instances of a President being impeached in India to date. Therefore, no direct judicial interpretation exists.
Commissions:
- Constitutional Review Commission (2002): Reviewed the provisions related to impeachment to ensure they are robust and protect against potential misuse.
- Sarkaria Commission (1983): Emphasized the need for strong checks and balances to maintain the dignity and impartiality of the President’s office.
Important Reports Related to Article 61
- Law Commission Reports: Discuss the procedural safeguards in place for the impeachment process to ensure it is not abused and remains a last-resort measure.
- Second Administrative Reforms Commission (2005-2009): Highlighted the importance of upholding constitutional norms and the need for rigorous procedures in cases of impeachment.
Previous Year Prelims Questions Related to Article 61
- (UPSC Prelims 2012) The impeachment of the President of India can be initiated in which of the following?
- A. Only in the Lok Sabha
- B. Only in the Rajya Sabha
- C. In either House of Parliament
- D. In a joint sitting of both Houses of Parliament Correct Answer: C. In either House of Parliament
- (UPSC Prelims 2015) Which of the following statements regarding the impeachment process of the President of India is correct?
- A. The charge can be preferred by a two-thirds majority of the members present and voting in either House.
- B. The President has no right to defend himself during the investigation.
- C. The charge must be investigated by a joint sitting of both Houses.
- D. The resolution must be passed by a majority of not less than two-thirds of the total membership of the House. Correct Answer: D. The resolution must be passed by a majority of not less than two-thirds of the total membership of the House
Previous Year Mains Questions Related to Article 61
- Mains 2014: “Discuss the impeachment process of the President of India as provided under Article 61 of the Constitution. How does this process ensure the President’s accountability while protecting the dignity of the office?”
- Mains 2018: “Examine the significance of the impeachment provisions under Article 61 of the Indian Constitution. How does the high threshold for initiating and sustaining charges protect against misuse of the process?”
Additional Insights:
- Historical Context: Impeachment provisions were designed to ensure that the President remains accountable to the Constitution while being protected from frivolous or politically motivated charges.
- Global Comparison: Similar to impeachment processes in other democracies, such as the United States, where the President can be impeached by the House of Representatives and removed by the Senate, India’s process involves both Houses of Parliament, ensuring a comprehensive and balanced approach.
- Practical Implications: While the process is rigorous and complex, it serves as a crucial check on the President’s powers, ensuring that any serious violations of the Constitution can be addressed appropriately.
Understanding Article 61 is essential for UPSC aspirants as it outlines the constitutional mechanism for holding the President accountable. This knowledge is vital for both preliminary and main examinations, offering insights into the checks and balances embedded within the Indian Constitution to protect democratic governance.