Article 61 and Impeachment of President of India
Article 61 and Impeachment of the President of India
1. Introduction
The President of India is the highest constitutional authority and holds a prestigious position. However, to ensure accountability, the Constitution provides a mechanism for removal of the President from office through impeachment.
Article 61 of the Indian Constitution deals exclusively with the procedure for impeachment.
2. Text of Article 61
“The President shall not be removed from his office except by impeachment for violation of the Constitution.”
This means the President can only be removed for ‘violation of the Constitution’.
Impeachment is a rare and serious process, meant to uphold constitutional sanctity.
3. Grounds for Impeachment
The sole ground for impeachment is the “violation of the Constitution”.
This is broadly interpreted to include:
Willful disregard or contravention of constitutional provisions.
Abuse of powers inconsistent with constitutional mandate.
Gross misconduct or failure to uphold constitutional duties.
4. Who Can Initiate Impeachment?
Only a member of either House of Parliament (Lok Sabha or Rajya Sabha) can initiate the process by presenting a notice in writing.
The notice must be signed by at least one-fourth of the total members of that House.
5. Procedure for Impeachment (Article 61)
Stepwise Procedure:
| Step | Details |
|---|---|
| Notice | A written notice signed by at least 1/4th members of the House (either Lok Sabha or Rajya Sabha). |
| Investigation by the House | The House in which the notice is given may investigate the charges or refer them to a committee for investigation. |
| Passing Resolution in First House | After investigation, the House must pass the impeachment resolution by a special majority (i.e., two-thirds of members present and voting, which must also be a majority of total membership). |
| Transmission to Other House | The resolution is sent to the other House of Parliament for consideration. |
| Passing Resolution in Second House | The second House must also pass the resolution by the same special majority. |
| President Removed | Upon passage in both Houses, the President stands removed from office. |
6. Important Points
The process is strictly legislative; the judiciary does not participate.
There is no fixed time limit within which the process must be completed.
The President continues to exercise office until removed or term ends.
The Vice-President acts as President during any vacancy.
7. Role of the Supreme Court
The Supreme Court has held that impeachment proceedings are justiciable, meaning courts can examine if the procedure prescribed by the Constitution has been followed.
However, judgment on the charges themselves is a political process, not a judicial one.
8. Relevant Case Law
🏛️ S. N. Mukherjee v. Union of India (1979)
The Supreme Court held that impeachment is a political process and courts cannot question the grounds for impeachment.
However, the procedure must be strictly followed as per Article 61.
The Court recognized the special majority requirement to prevent frivolous or politically motivated removals.
🏛️ Shamsher Singh v. State of Punjab (1974)
The Court reiterated that the President enjoys immunity from legal proceedings during the term.
Removal is only possible through impeachment.
🏛️ Rameshwar Prasad v. Union of India (2006)
Though primarily about electoral law, it emphasized the importance of procedural fairness and constitutional morality in the functioning of constitutional authorities, indirectly relating to the impeachment procedure.
9. Has Any President of India Been Impeached?
No President of India has ever been impeached since the Constitution came into force in 1950.
Impeachment remains a constitutional safeguard and a last-resort mechanism.
10. Significance of Impeachment
It ensures the President remains accountable and cannot act arbitrarily.
Upholds the principle of constitutional supremacy.
Maintains balance of power in the parliamentary democracy.
11. Summary Table
| Aspect | Details |
|---|---|
| Constitutional Provision | Article 61 |
| Grounds for Removal | Violation of the Constitution |
| Initiation | Written notice by 1/4th members of either House |
| Special Majority Required | 2/3rd of members present and voting in both Houses |
| Role of Judiciary | Can only examine procedure, not grounds |
| Has Impeachment Happened? | No |
12. Conclusion
The impeachment process under Article 61 is a rigorous, constitutionally mandated procedure that safeguards the office of the President from misuse while ensuring accountability. It reflects the constitutional commitment to uphold the rule of law, preserve democratic values, and maintain the balance of power within India’s political system.
RELATED Blog
0 comments