ASKiIMAN™ ARCHIVE / INDIAN POLITY
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Impeachment

Article 61 & The Constitutional Guillotine

PART I — THE CHARGE & INITIATION

THE ONLY GROUND

Violation of the Constitution

  • The President can be removed *only* for "Violation of the Constitution."
  • However, the Constitution **does not define** what constitutes a "violation."
  • It is a quasi-judicial procedure conducted entirely by Parliament.
STEP ONE

Initiation of Charges

  • Impeachment charges can be initiated by **either House** of Parliament (Lok Sabha or Rajya Sabha).
  • The charges must be signed by at least **1/4th of the members** of the initiating House.
  • A **14-day advance notice** must be given to the President before the resolution is moved.

PART II — THE TOUGHEST MAJORITY

THE BARRIER

Special Majority (2/3rds)

  • The impeachment resolution must be passed by a majority of **not less than two-thirds of the total membership** of the initiating House.
  • This is the most stringent special majority requirement in the entire Indian Constitution.
  • It relies on *total membership*, not just those present and voting.
STEP TWO

Investigation & Removal

  • If passed, the charges are sent to the **other House**, which investigates them.
  • The President has the right to appear and be represented during this investigation.
  • If the second House sustains the charges and passes the resolution by a **2/3rds total membership majority**, the President stands removed instantly.
  • *Note: Nominated members of both Houses participate, but state MLAs do not.*
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