Impeachment Of The President Of India


A process of impeachment can be used to remove the President from office for 'violation of constitution.' However, the phrase "violation of the Constitution" is not defined in the Constitution.

How President Of India Is Removed?

Impeachment of The President of India
In Parliament, impeachment is a quasi-judicial procedure. Either house may bring charges of constitutional violations before the other, which will then either investigate the charge or request that it be investigated. However, a house cannot prefer the charge unless-
 
(a) After a 14-day notice in writing signed by not less than 1/4th of the total number of members of that house, a resolution containing the proposal is moved: and
 
(b) The resolution is then passed by a majority of the house's total membership of not less than 2/3rds.
 
At such an investigation, the President has the right to appear and be represented. If, as a result of the investigation, a resolution is passed by not less than 2/3rds of the total membership of the house before which the charge was preferred declaring that the charge is sustained, such resolution has the effect of removing the President from office with effect from the date on which such resolution is passed. [Article 61]
 
Two things should be noted in this context:
(a) Members of either House of Parliament who have been nominated can vote in the impeachment of the President, even if they did not vote in his election.
 
(b) Elected members of state legislatures and the Union Territories of Delhi and Puducherry do not take part in the impeachment of the President, even though they vote in his election.
 

Doubts And Disputes Relating To Election Of The President

The Supreme Court investigates and decides all doubts and disputes relating to the election of the President, and its decision is final.
 
The election of a President cannot be overturned on the basis of an insufficient Electoral College (ie, existence of any vacancy among the members of Electoral College).
 
If a person's election as President is declared void by the Supreme Court, any actions taken by him prior to the date of the Supreme Court's declaration are not invalidated and remain in effect.
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What Is The Term Of Office Of President?

The President is elected for a five-year term beginning on the day he takes office, but he is eligible for re-election. He can be re-elected for as many terms as he wants. In the United States, however, a person can only be elected to the office of President once. The President's office may be terminated in one of two ways within the five-year term:
 
I) By resigning in writing to the Vice-President of India, addressed to him.
 
ii) Using the impeachment process to remove a president for violating the constitution. Article 61(1) specifies the only grounds for impeachment as "violation of the constitution."
 

What Are The Conditions Of President’s Office?

The President's office is subject to the following conditions, as laid out in the Constitution:
 
1. He should not be a member of either the House of Commons or the House of States. If one of these people is elected President, he is deemed to have vacated his seat in that House on the day he takes office as President.
 
2. He should not hold any other profit-generating position.
 
3. He has the right to use his official residence without paying rent (the Rastrapathi Bhavan).
 
4. He is entitled to the emoluments, allowances, and privileges that Parliament may determine.
 
5. During his term of office, his emoluments and allowances cannot be reduced.
 
The President's salary was increased from Rs.50, 000 to Rs.1.50 lakh per month in 2008, and his pension was increased to 50% of his monthly salary. Former Presidents are also entitled to a furnished residence, a car, medical treatment, travel assistance, secretarial staff, and office expenses up to Rs. 60,000 per year. A deceased President's spouse is entitled to a family pension equal to half of a retired President's pension, a furnished residence, a phone, a car, medical treatment, travel, secretarial staff, and office expenses up to Rs.12,000 per year.
 
A number of privileges and immunities are granted to the President. For his official acts, he is personally immune from legal liability. He is immune from criminal prosecution during his term of office, even for his personal acts. He is not subject to arrest or imprisonment. Civil proceedings in respect of his personal acts can be brought against him during his term of office after giving two months' notice.
 

Can The President's Office Be Vacant?

A vacancy in the office of the President can arise in one of the following ways:
 
1. when his five-year term came to an end.
 
2. because of his resignation
 
3. on impeachment as a means of removing him from office.
 
4. because of his death
 
5. If he is disqualified to hold office or his election is declared null and void, for example.
 
When a vacancy occurs due to the expiration of the term of the current President, an election to fill the vacancy must be held prior to the term's expiration. In the event that the election of a new President is delayed for any reason, the outgoing President remains in office (beyond his five-year term) until his successor takes over. The Constitution provides for this in order to avoid a "interregnum." In this situation, the Vice-President is unable to act as President or carry out the President's responsibilities.
 
Impeachment of The President of India
If an office becomes vacant due to resignation, removal, death, or any other reason, an election to fill the vacancy should be held within six months of the occurrence of the vacancy. The newly-elected President is in office for a full five-year term beginning on the day he takes office.
 
When the President's office becomes vacant due to his resignation, removal, death, or other reasons, the Vice-President fills the vacancy until a new President is elected. Furthermore, if the President is unable to perform his duties due to absence, illness, or any other reason, the Vice-President takes over until the President is able to resume his duties.
 
If the President's office is vacant, the Chief Justice of India (or, if that is also vacant, the most senior Supreme Court judge available) acts as President or performs the functions of the President.
 
When any person, such as the Vice-President, India's Chief Justice, or the Supreme Court's seniormost judge, acts as President or performs the functions of the President, he has all of the President's powers and immunities, and is entitled to the emoluments, allowances, and privileges determined by Parliament.
 
Aside from a permanent vacancy, the President may be temporarily unable to perform his duties due to his absence from India, illness, or any other reason, in which case the Vice-President will perform those duties until the President resumes his duties. The President's power to determine when he is unable to discharge his duties or when he should resume his duties has long been thought to be his.

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