Article 61 of Constitution of India – Procedure for impeachment of the President
Article 61 of Constitution of India deals Procedure for impeachment of the President
Original Text of Article 61 of Constitution of India
(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.
Questions related to Article 61 of Constitution of India
Article 61 outlines the procedure for impeaching the President of India if they violate the Constitution of India. It ensures a formal and fair process to hold the highest office accountable.
The process begins in either House of Parliament with a minimum 14-day notice, followed by a two-thirds majority vote in both Houses. This mechanism is detailed in Article 61 of the Articles of Indian Constitution.
No, no Indian President has ever been impeached under Article 61 so far. However, the provision stands as an important check within the Indian Constitution.
Yes, you can explore Indian Kanoon to read constitutional debates, legal analyses, and academic references discussing the scope and procedure of presidential impeachment under the Constitution of India.
Article 61 ensures that even the highest constitutional authority is not above the law. It strengthens accountability, rule of law, and democratic integrity under the Indian Constitution.
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