Article 61 and Impeachment of President of India

The President of India, as the ceremonial head of the state, holds a prestigious position under the Constitution of India. However, the Constitution also ensures that even the President is not above the law. Article 61 of the Indian Constitution provides for the impeachment of the President in cases of a violation of the Constitution. 

This provision is a crucial mechanism that allows for accountability at the highest office in the land. While the impeachment process has never been invoked in India, it is essential to understand the procedure as it underscores the principles of constitutional supremacy and the rule of law.

Constitutional Basis for Impeachment

The impeachment of the President is outlined under Article 61 of the Indian Constitution. This article provides the framework for the removal of the President in case of a violation of the Constitution. The provision ensures that the President, who is the nominal head of the state and a symbol of unity, remains accountable for any actions that go against the Constitution.

Article 56(1)(b) further reinforces this by specifying that the President can be removed from office for violating the Constitution, and the procedure for this is provided under Article 61.

Meaning and Grounds for Impeachment

Before diving into the procedural aspects, it is important to understand what impeachment means in the context of the Indian Constitution. The term “impeachment” is derived from the French word “empeechier”, which means “to hinder” or “to impede.” It refers to the process of accusing a public official of misconduct and removing them from their position if the charges are substantiated.

In the case of the President, impeachment is used to remove the President from office for violation of the Constitution. While the Constitution does not explicitly define the term “violation,” it is generally interpreted to mean actions that are against the Constitution. This could include:

• Breach of oath: The President is bound to take an oath to preserve, protect, and defend the Constitution. Any action contrary to this oath could constitute a violation.
• Treason, corruption, or abuse of power: Any illegal activity or use of office for personal gain can be grounds for impeachment.
• Negligence of duty: Failing to perform constitutional duties or disregarding legal obligations.
• Gross misconduct: Any action or behaviour that is deemed to be inappropriate or unethical in the office of the President.

These grounds are broad and allow for flexibility, ensuring that the President can be held accountable for any actions that undermine the Constitution, whether or not they fit into specific categories.

The President’s Term and Conditions for Office

Article 56 of the Constitution specifies that the President holds office for a term of five years from the date of assuming office. However, the term can be cut short due to various reasons:

1. Resignation: The President may resign by addressing a letter to the Vice-President.
2. Death: The office becomes vacant in the event of the President’s death.
3. Impeachment: As per Article 61, the President can be removed from office before the completion of the five-year term if found guilty of violating the Constitution.
4. Judicial decision: If the Supreme Court declares the election of the President void (Article 71), the office becomes vacant.

In the case of impeachment, the President can be removed even if they have not completed their term of five years.

Impeachment Procedure as per Article 61

Article 61 sets forth the procedure for impeachment. The process is a detailed one, requiring a series of steps to ensure fairness and transparency.

Initiation of the Process

The impeachment process can be initiated in either Lok Sabha (House of the People) or Rajya Sabha (Council of States). The procedure begins with the introduction of a resolution that accuses the President of violating the Constitution.

• Notice of Resolution: Before introducing the resolution, a 14-day notice must be served to the President. This allows the President a reasonable amount of time to prepare a defence.
• Signatures: The resolution must be signed by at least one-fourth of the total members of the House that is initiating the proceedings.
• Majority Requirement: The resolution must be passed by a two-thirds majority of the total membership of the originating House, not just those present and voting. This ensures that the decision to impeach the President is backed by a substantial portion of the legislature.

Investigation by the Other House

Once the resolution is passed by the originating House, it is sent to the other House for an investigation. The second House investigates the charges or may form a committee to do so. The investigation is a crucial step, ensuring that the charges are examined thoroughly and impartially.

• President’s Right to Defence: The President has the right to be heard in the proceedings and can appear in person or be represented by legal counsel. This ensures that the process remains fair and transparent.

Final Decision and Removal

After the investigation, if the second House passes the resolution by a two-thirds majority of the total membership, the President is deemed to be removed from office. The removal takes effect immediately, from the date the resolution is passed by the second House.

Role of Special Majority

The concept of special majority plays a crucial role in the impeachment process. A special majority is defined as two-thirds of the total membership of the House, not merely those present and voting. This requirement ensures that impeachment is not a hasty decision and that it is supported by a broad consensus in the legislature.

A special majority is also required in other significant constitutional matters, such as constitutional amendments and legislation on matters in the Union List. The use of special majority in impeachment ensures that such a serious matter requires widespread agreement across the political spectrum.

Consequences of Impeachment

Once the President is impeached, the office becomes vacant. However, the Constitution provides for an interim arrangement in the form of the Vice-President, who assumes the role of Acting President. According to Article 65, the Vice-President will perform the duties of the President until a new one is elected.

The election of a new President must be conducted in accordance with the provisions laid down in Article 62, which specifies that a new President must be elected within six months of the vacancy arising.

The Process of Electing a New President

After the impeachment and removal of the President, the process of electing a new President follows. The election is held according to the provisions of Articles 54 and 55 of the Constitution. The President is elected by an electoral college consisting of:

1. Elected Members of the Lok Sabha and Rajya Sabha.
2. Elected Members of the Legislative Assemblies of States.

The election is conducted by a system known as proportional representation by means of the single transferable vote (STV). This system ensures that every vote cast in the election is counted in a way that reflects the relative support for candidates across different states and regions.

The election uses a secret ballot, ensuring that the votes are cast without any external pressure or influence.

Why the Impeachment Process Has Never Been Used

Despite being a part of the Constitution, the impeachment process for the President has never been invoked. Several reasons contribute to this:

1. High Threshold for Success: The process requires a two-thirds majority in both Houses of Parliament, making it difficult to reach the necessary level of support.
2. Political Reluctance: Impeachment is a highly political process, and political parties may be reluctant to engage in such a move due to the potential ramifications it may have on their own standing and influence.
3. Extraordinary Measure: Impeachment is meant to be a last resort, used only in the most extreme cases of misconduct or violation of the Constitution. The high threshold and the gravity of the process ensure that it is not used frivolously.

Conclusion

The impeachment procedure outlined in Article 61 of the Indian Constitution is a crucial mechanism for ensuring the accountability of the President of India. While the process has never been used, it serves as an important safeguard for the Constitution and the democratic principles on which the country is based.