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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