PRADIP SR

(CONSTITUTION II)
IAMR LAW COLLEGE

Impeachment of the President

The Constitution of India is the fountainhead from which all our laws derive their authority
and force. This is next article in the series on constitutional provisions in order to aid our
readers in understanding them.
Art- 61"Procedure for impeachment of the President - (1) When a President is to be
impeached for violation of the Constitution, the charge shall be preferred by either House of
Parliament.
(2) No such charge shall be preferred unless-
(a) the proposal to prefer such charge is contained in a resolution which has been moved after
at least fourteen days' notice in writing, signed by not less than one-fourth of the total
number of members of the House, has been given of their intention to move the resolution,
and
(b) Such resolution has been passed by a majority of not less than two-thirds of the total
membership of the House.
(3) When a charge has been so preferred by either House of Parliament, the other House shall
investigate the charge or cause the charge to be investigated and the President shall have the
right to appear and to be represented at such investigation.
(4) If as a result of the investigation a resolution is passed by a majority of not less than two-
thirds of the total membership of the House by which the charge was investigated or caused
to be investigated, declaring that the charge preferred against the President has been
sustained, such resolution shall have the effect of removing the President from his office as
from the date on which the resolution is so passed."
Procedure of Impeachment of President of India
Under Article 61, the President of India can be removed from the office by a process of
impeachment for the violation of the Constitution. The impeachment is to be initiated by either
House of Parliament.The charges are to be framed in the form of resolution, signed at least by 1/4 th
members of the total members of the House. The President has to be given a notice of 14 days in
advance. The resolution is to be passed by 2/3 rd majority of the total members of the House and
then it is to be sent to other House for investigation and decision. If the other House after
investigation sustains the charges and passes the identical resolution with 2/3 rd majority of the total

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 PRADIP SR
(CONSTITUTION II)
IAMR LAW COLLEGE

membership, the President ceases to hold office from the date such resolution is passed.
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Manner of election of President-

Article 54 of the constitution says:
"The President shall be elected by the members of an electoral college consisting of -
(a) The elected members of both Houses of Parliament and
(b) The elected members of the Legislative Assemblies of the States (including National Capital
Territory of Delhi and the Union Territory of Pondicherry vide the Constitution 70th amendment Act,
1992)." Thus in the election of the President the citizens play no direct part and he is elected indirectly by
the representatives or the people like the American President but no special electoral college is elected, as
in the case of America. Another point of difference that may be noted is that the election of the President
of India is by the system of proportional representation, by the single transferable vote, as provided by
Article 55(3) of the Constitution, while the American President is elected by the straight vote system.
The election is held in accordance to the system of Proportional representation by means of Single
transferable vote method. The Voting takes place by secret ballot system. The manner of election of
President is provided by Article 55 of the Constitution.

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