Impeachment of the president

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The President can be removed from office by a process of impeachment for ‘violation of the

Constitution’. However, the Constitution does not define the meaning of the phrase ‘violation of the

Constitution’.

The impeachment charges can be initiated by either House of Parliament. These charges should be

signed by one-fourth members of the House (that framed the charges), and a 14 days’ notice should be given to the President. After the impeachment resolution is passed by a majority of two-thirds of the total membership of that House, it is sent to the other House, which should investigate the charges.

The President has the right to appear and to be represented at such investigation. If the other House

also sustains the charges and passes the impeachment resolution by a majority of two-thirds of the

total membership, then the President stands removed from his office from the date on which the bill is

so passed.

Thus, an impeachment is a quasi-judicial procedure in the Parliament. In this context, two things

should be noted: (a) the nominated members of either House of Parliament can participate in the

impeachment of the President though they do not participate in his election; (b) the elected members

of the legislative assemblies of states and the Union Territories of Delhi and Puducherry do not

participate in the impeachment of the President though they participate in his election.

No President has so far been impeached.