Impeachment of the Presidents of India and USA

Why in news?

• Donald Trump has become the first President of the USA in history to be impeached twice.

About Impeachment of US President

• The US Constitution provides that a president can be impeached for "treason, bribery, or other high crimes and misdemeanors."
• If a simple majority of the House’s members approves bringing charges, known as “articles of impeachment,” the president is considered impeached.
• However, an impeached president is not immediately removed from office.
• For removal to happen Senate, the upper chamber, has to holds a trial and vote to remove a president.
• The Constitution requires a two-thirds vote of the Senate to convict and remove a president.

About Impeachment of the President of India

• The president of India may be removed before the expiry of the term through impeachment for violating the Constitution of India by the Parliament of India.
• The process may start in either of the two houses of the parliament.  This is unlike the US constitution where impeachment originates in the lower chamber ( Houise of representatives only).
• The Indian constitution presents only one ground for the Impeachment of President: violation of the Constitution.

ARTICLE 61: Procedure for Impeachment of The President

• When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.
• No such charge shall be preferred unless –

1. 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
2. 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.

• Thus, removing a sitting president in India requires two-thirds of membership in both houses unlike in US where the house of representatives can pass it with simple majority.

PRELIMS QUESTION

Consider the following statements regarding Impeachment of president in India:
1.The supreme court of India plays no role in the impeachment of a sitting president.
2.A resolution removing the president requires majority of not less than two-thirds of the total membership to be passed in both houses of Parliament.
Which of the statements given above is/are correct?
(a)1 only
(b)2 only
(c)Both 1 and 2
(d)Neither 1 nor 2

Answer to Prelims Question