This article, written by Aayushi Shukla, assistant professor and a legal expert at a law college. Know interesting facts and Constitutional provisions related to impeachment of the Indian President.
Impeachment refers to questioning the integrity or validity of a person holding a high constitutional office. In India, all branches of government are responsible for upholding law and order. When high-ranking officials violate constitutional principles or engage in misconduct, impeachment serves as a corrective legal mechanism.
The impeachment process dates back to 14th-century England and was famously described by Alexander Hamilton as a method of national inquiry into the conduct of public officials violating public trust. In India, the removal of judges is governed by the Judges Enquiry Act, 1968, while the procedure to remove the President is laid out in Article 61 of the Constitution.
Introduction
Impeachment of the President is a constitutional remedy for grave violations of the Constitution. It is a significant and rare occurrence, activated when the President fails to uphold the duties assigned under the Constitution. Article 61 of the Indian Constitution exclusively deals with this process.
Impeachment is not merely about criminal liability; it is about safeguarding the sanctity of public office. While the term “violation of the Constitution” is not explicitly defined, it provides the sole ground for impeachment of the President in India. Notably, no Indian President has been impeached to date.
Origin of the Presidential Office in India
India gained independence from British rule on 15 August 1947. With the enactment of the Constitution on 26 January 1950, India became a republic, replacing the monarch and Governor-General with the office of the President. Dr. Rajendra Prasad was the first President of India.
Under Article 60, the President is mandated to preserve, protect, and defend the Constitution and the law. As the ultimate constitutional guardian, the President must act against any unconstitutional move by the executive or legislature.
Who is the President of India?
The President of India is the ceremonial head of state and the supreme commander of the Armed Forces. The office was established on 26 January 1950. The President is indirectly elected by an electoral college comprising Members of Parliament and state legislative assemblies.
Current President
Droupadi Murmu is the 15th and current President of India, in office since 25 July 2022.
Constitutional Position of the President
Articles 52 to 62 of the Constitution detail the powers, election, and removal of the President. The President symbolizes national unity and continuity. Although the role is largely ceremonial, it includes critical constitutional duties.
Term and Re-Election
- The President serves a five-year term.
- Can be re-elected with no term limit.
- Continues to serve until a successor takes office, even beyond the 5-year term.
Qualifications for Presidency
- Must be a citizen of India.
- Must be at least 35 years old.
- Must qualify to be elected to the Lok Sabha.
- Cannot hold any office of profit under the government.
What is Impeachment of the President?
Impeachment is a constitutional process to remove the President for “violation of the Constitution.” Unlike in other cases, criminal conviction is not a prerequisite.
Grounds for Impeachment
- The only ground for impeachment is “violation of the Constitution.”
- The Constitution does not define what constitutes a violation.
Impeachment Procedure (Article 61 of the Constitution)
- Initiation
- Either House of Parliament may initiate the impeachment.
- At least 1/4th of members must sign the notice.
- A 14-day notice is mandatory before moving the resolution.
- Passing the Resolution in the First House
- The resolution must be passed by a two-thirds majority of the total membership.
- Investigation by the Other House
- The other House investigates the charges.
- The President has the right to appear and be represented.
- Final Resolution
- If the second House also passes the resolution with a two-thirds majority, the President is removed from office.
Note: Nominated members of Parliament can participate in impeachment, but not in the election of the President. State legislative members can vote in the election, but not in impeachment.
President’s Rights During Impeachment
- The President can defend themselves or appoint a legal representative.
- As per Article 361, the President cannot be questioned in court during tenure unless voluntarily choosing to appear.
- Courts can, however, declare presidential actions unconstitutional.
- After leaving office, the President can be tried for any alleged crimes committed during the term.
Post-Impeachment Vacancy
- A new election must be conducted within six months of the vacancy.
- Until a new President is elected, the Vice-President acts as President.
- If the Vice-President is unavailable, the Chief Justice of India (or the senior-most judge of the Supreme Court) assumes the role.
Has Any Indian President Been Impeached?
No Indian President has been impeached so far.
Conclusion
The President of India holds a highly prestigious and symbolic office. While the role is largely ceremonial, the power to safeguard the Constitution makes it vital. Impeachment is a quasi-judicial process meant to protect constitutional governance rather than to penalize an individual. Its stringent procedure ensures the dignity and stability of the highest constitutional office.
