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Article 61 of Indian Constitution - Detailed Analysis

Last Updated on Apr 02, 2025
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Overview

Name of the Article

Article 61- Procedure for impeachment of the President

Part of the Constitutional Article

Part V

The Constitution of India is divided into 25 Parts. Part V particularly focuses on the ‘Union Government’. This part is divided into five chapters out of which Chapter 1 i.e., The Union Executive deals with the roles of the President and the Prime Minister. This article delves specifically into the President of India who serves as the constitutional head of the Union Executive. Article 61 of the Indian Constitution mentions the detailed procedure for impeachment of the President. The procedure of impeachment is quasi-judicial. Impeachment is a constitutional remedy for addressing serious violations of the system of governance by the President. This process is the initial step in a corrective mechanism that may lead to removal from office and disqualification from holding future public positions.

Interpretation of Article 61 of Indian Constitution

Article 61 of the Constitution states the 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--
  • 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
  • such a resolution has been passed by a majority of not less than two-thirds of the total membership of the House.
  • 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.
  • 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.”

Article 61 provides that when either House of Parliament prefers a charge then in such a case the other House shall investigate the charge or arrange for its investigation. It ensures the right of the President to appear and be represented during the process. If the investigation conducted by either House results in a resolution passed by a majority of at least two-thirds of the total membership of the investigating House. It also confirms the charge against the President has been substantiated. Accordingly, the resolution shall remove the President from office starting from the date of the passed resolution.

Conclusion

Article 61 of the Indian Constitution provides a comprehensive procedure for the impeachment of the President. It ensures due process and safeguarding the right of the President to representation. The provision serves as a constitutional remedy to address violations by the President and culminating in their removal from office if the charges are substantiated through an investigation and a two-thirds majority resolution by Parliament.

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FAQs about Article 61 of Indian Constitution

Article 60 is present under Part V of the Constitution of India.

Article 61 provides the procedure for the impeachment of the President of India.

Article 61 ensures that the President has the right to appear and be represented during the investigation of the charges.

A two-thirds majority of the total membership of the investigating House is required to pass the resolution.

The President is removed from office from the date of the resolution passed.

The impeachment process under Article 61 is quasi-judicial.
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