Article 61 of the Costitution of India with Case law
📜 Article 61 of the Constitution of India – Procedure for Impeachment of the President
Text of Article 61:
"When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament."
This Article lays down the procedure for the impeachment of the President of India for "violation of the Constitution".
✅ Key Provisions under Article 61:
Initiation of Charge:
Either House of Parliament can initiate the impeachment.
Requires a 14 days’ notice in writing.
Must be signed by not less than one-fourth of the total members of that House.
Resolution Requirement:
The resolution must be passed by a two-thirds majority of the total membership of that House.
Investigation and Second House:
After one House passes the resolution, it is sent to the other House which then investigates the charge.
The President has the right to appear and defend during this process.
Impeachment Completion:
If the second House also passes the resolution with a two-thirds majority, the President stands impeached and removed from office.
⚖️ Case Law Related to Article 61
There is no precedent case where a President of India has been impeached under Article 61. Hence, no direct case law exists specifically interpreting Article 61.
However, it has been discussed in academic and judicial contexts regarding checks and balances in Indian democracy.
🏛️ Important Notes:
"Violation of the Constitution" is not defined in the Constitution, which has led to debates among scholars and legal experts.
Impeachment is a quasi-judicial process involving both Houses of Parliament.
The President enjoys immunity under Article 361, but can be removed only by impeachment under Article 61.
📌 Conclusion:
Article 61 ensures that the highest constitutional office is accountable to the Constitution, though the threshold for impeachment is extremely high. No Indian President has ever been impeached, making this a dormant but significant safeguard in the constitutional framework.
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