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Question

The President of India may be removed from office by impeachment for:

This question was previously asked in
SSC Stenographer 2020-21 Previous Year Paper (15-Nov-2021) (Shift 2)
The correct answer is

violation of the Constitution

Understanding the Impeachment of the President of India

The Constitution of India lays down specific procedures and grounds for the removal of the President of India from office before the expiry of their term. This process is known as impeachment. It is a quasi-judicial procedure initiated by the Parliament.

Sole Ground for Impeachment

According to the Indian Constitution, the President of India can only be removed from office through the process of impeachment for one specific reason. This sole ground is:

  • Violation of the Constitution

This is explicitly mentioned in Article 61 of the Constitution of India. The Constitution does not specify what constitutes a "violation of the Constitution," leaving it open to interpretation by the Parliament during the impeachment process.

Why Other Options Are Not Grounds for Impeachment

Let's consider why the other options provided are not the constitutional grounds for impeaching the President of India:

  • Moral degradation: While conduct issues might affect public perception or suitability for office, "moral degradation" is not listed as a ground for impeachment in the Constitution.
  • Unsoundness of mind: Similarly, issues related to the President's mental health are not specified as a ground for impeachment. The Constitution does not provide for removal based on unsoundness of mind.
  • Any criminal offence: While committing a serious criminal offence could potentially be interpreted as a "violation of the Constitution" depending on the nature of the crime and its impact on the presidential role, "any criminal offence" in general is not the direct and sole ground for impeachment. The Constitution specifically uses the phrase "violation of the Constitution."

The impeachment process is a serious and complex procedure, reserved only for the specific ground mentioned in Article 61.

The Impeachment Process Explained

The impeachment process for the President of India is detailed in Article 61:

  1. A resolution containing the charge must be initiated by either House of Parliament (Lok Sabha or Rajya Sabha).
  2. The resolution must be signed by at least one-fourth (1/4th) of the total number of members of the House that initiates the charge.
  3. A notice of 14 days must be given to the President before the resolution is moved.
  4. The resolution must be passed by a majority of not less than two-thirds (2/3rd) of the total membership of the House that initiated the charge.
  5. After the resolution is passed by one House, the other House investigates the charge or causes the charge to be investigated. The President has the right to appear and be represented during this investigation.
  6. If, as a result of the investigation, the other House also passes a resolution by a majority of not less than two-thirds (2/3rd) of its total membership, declaring that the charge preferred against the President has been sustained, then the President stands removed from office from the date on which the resolution is so passed.
Grounds for President's Removal
Method Ground(s) Constitutional Article
Impeachment Violation of the Constitution Article 61
Resignation Voluntary decision by President Article 56(a)

Revision Table: Key Facts about President's Impeachment

Summary of Presidential Impeachment
Aspect Details
Removing Authority Parliament (both Houses)
Sole Ground Violation of the Constitution
Constitutional Article Article 61
Initiating House Either Lok Sabha or Rajya Sabha
Members required to initiate At least ¼ of the total members of the initiating House
Notice Period to President 14 days
Majority needed in each House Not less than ⅔ of the total membership of that House

Additional Information on the President of India

Beyond impeachment, here are some other important points regarding the President of India:

  • Head of State: The President is the ceremonial head of the executive, legislature, and judiciary, and the commander-in-chief of the Indian Armed Forces.
  • Term of Office: The President holds office for a term of five years from the date on which they enter upon their office.
  • Eligibility: To be eligible for election as President, a person must be a citizen of India, have completed 35 years of age, and be qualified for election as a member of the House of the People (Lok Sabha).
  • Succession: In case of the President's death, resignation, or removal, the Vice-President acts as President. If the Vice-President's office is also vacant, the Chief Justice of India, and if the Chief Justice's office is also vacant, the senior-most Judge of the Supreme Court available acts as President.

Understanding the specific ground and process for the impeachment of the President of India is crucial for comprehending the checks and balances within the Indian political system.

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