Answer By law4u team
The procedure for the impeachment of the President of India is outlined in Article 61 of the Indian Constitution. Impeachment is a serious and rare process, and it can only be initiated on specific grounds of "violation of the Constitution" or "gross misconduct." The procedure involves both houses of Parliament - the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). Here is a step-by-step overview of the impeachment process: Notice of Motion: A notice of motion for the impeachment of the President can be initiated by either House of Parliament. The notice must be signed by at least one-fourth of the total number of members of that House. Submission of Motion to the Presiding Officer: The notice is submitted to the presiding officer of the House (Speaker in the case of the Lok Sabha and Chairman in the case of the Rajya Sabha). The presiding officer may consult legal experts to determine the admissibility of the motion. Admissibility of Motion: If the presiding officer finds the notice of motion in order, they may admit it. If the motion is related to a charge of violation of the Constitution, it should be accompanied by a statement of the grounds on which the charge is based. Investigation Committee: Once the notice is admitted, the presiding officer constitutes a committee to investigate the charges. The committee may include members from both Houses, and its composition is determined by the presiding officer. Investigation: The committee conducts the investigation and provides the President with an opportunity to present a defense. The President may also be represented by a legal counsel during the proceedings. Reporting to Parliament: After completing the investigation, the committee submits its findings and recommendations to both Houses of Parliament. Resolution for Impeachment: Based on the committee's report, either House of Parliament can move a resolution for the impeachment of the President. The resolution must be adopted by a special majority, which requires a two-thirds majority of the total members present and voting. Other House: If the resolution is adopted by the originating House, it is then sent to the other House. The second House also needs to adopt the resolution by a similar special majority. President's Removal: Once both Houses pass the resolution with the required majority, the President stands impeached from the office. The impeachment becomes effective from the date of the second House's resolution. It's important to note that the impeachment process is a complex and rigorous constitutional procedure, and it has never been invoked in independent India's history. The framers of the Constitution envisioned impeachment as a safeguard against abuse of presidential powers, and its stringent requirements reflect the gravity of such a decision.