Impeachment power of President is from which article?
VerifiedAnswer: Is been derived from the USA and from Article 61
Explanation:
The impeachment process for the President of India is outlined in Article 61 of the Indian Constitution. This provision was indeed inspired by the American constitutional system, where impeachment serves as a crucial check on executive power.
Article 61 provides a detailed procedure for removing the President from office when charges are preferred against him for violation of the Constitution. The process requires careful following of constitutional steps to ensure fairness and prevent misuse of this powerful provision.
The impeachment process begins when either House of Parliament prefers charges against the President. At least one-fourth of the total members of that House must sign the proposal, and a fourteen-day notice must be given to the President. The charges must then be passed by a resolution supported by not less than two-thirds of the total membership of the House.
Once one House passes the impeachment resolution, the other House investigates the charges. The President has the right to appear and be represented during this investigation. If the investigating House also passes the charges by a two-thirds majority of its total membership, the President stands removed from office from the date the resolution is passed.
The grounds for impeachment are specifically mentioned as "violation of the Constitution." This is broader than the American system, which specifies "high crimes and misdemeanors." The Indian framers wanted to ensure that any serious breach of constitutional duties could lead to removal, maintaining the dignity and integrity of the highest office.
It's important to note that this provision has never been used in Indian history. All Presidents have completed their terms or resigned voluntarily when faced with difficult situations. This reflects the generally respectful political culture regarding the presidential office, despite the availability of this constitutional mechanism for accountability.
