Impeachment of President As per Article 61, President of India can be impeached on ground of violation of the Constitution. It was also felt that India being a vast country with vast majority of illiterate citizens, it will not be proper to burden them with the responsibility of electing a person for such a high office. Election Process The president is elected for a term of 5 years. The President elect is required to take an oath affirming his loyalty to the Constitution of India, before occupying this high office. I don't know why people use the word impeachment instead of Removal.
The other House on receiving the motion investigates the changes. The original constitution provided Rs. As already pointed out, the Prime Minister decided to support him under certain peculiar circumstances. Prasad may be followed by future incumbents. Giri was challenged in the Supreme Court and the President himself decided to appear before the court. As long as Donald Trump remains that candidate, they will support him.
He can, however, seek re-election immediately after the expiry of his term. And such resolution must be passed by the two-third of total membership of both the House. They, therefore, pleaded that under the changed circumstances when supremacy of Congress party in the country has been challenged, it is most essential that only such a person who had nothing to do with politics should be elected to this highest office. . If thirds majority of the total membership of that House approve it will be referred to the other House.
President has right to appear and be represented in case of such investigations. Further, he should not hold any office of profit. But controversy for the time being subsided when Dr. For example, any amendment of the constitution which might transgress the basic features or transgress the basic aspirations of the people, then article 368 as amended by 24th amendment says that president will give assent to such bill. In addition, it was also felt that in the days to come when there was every likelihood of no political party gaining absolute majority at the centre and many parties combining together to form coalitions, the role of the President was likely to very much increase. The other house investigates the charges that have been made.
The vote was 45-55 on the perjury charge and 50-50 on the obstruction of justice charge, so there was no conviction and he remained in office for the rest of his term. Thus, by this amendment the courts got back their lost powers. In all fairness to them it can be said that when they are full-fledged members of Parliament they should have been allowed to participate in both the processes i. He signed dissolution notification about dissolving of U. The Constitution fathers had various alternatives before them for electing the President of the Republic. Though his advice was not heeded, yet he did not give vent to his grievances against the governments handling the situation against his wishes.
It was a peculiar time. With the passage of time it has become clear that politic s is a determining factor in Presidential election because so far the practice of elevating Vice-President to this high office has not been followed. But after some early reaction, agitators mood subsided. In 1974 when a question was referred to the Supreme Court for advice as to whether the election to the office of the President could be held notwithstanding that a State Legislative Assembly had been dissolved the Supreme Court was of the view that election to the office of the President or Vice-President must be filled before the expiration of the term and there was no provision for extension of time. But in practice he cannot exercise these. Accordingly, the President of the Republic, as the head of the state, is elected by the representatives of the people returned to Parliament and the State legislatures. On several occasions he criticised governmental policies and expressed his agony over growing corruption in the government offices.
After that a trial is held and unless they are convicted,nothing happens. He is, however, not entitled to free travel except for travel undertaken by him for medical attendance. In that year Janata Party headed by Morarji Desai was in power, when defections took place in the party. President has right to defend before the committee either on his own or a legal professional of his choice. Sanjiva Reddy who succeeded B.
Radhakrishnan was elected to this office. If the President has the support of one-third plus one members of a House, he cannot be impeached. Subba Rao, who polled 363,971 votes. However, the executive branch had not yet been established so the term of office varied. In both cases the sitting president was impeached but inneither case did the Senate choose to convict so although both wereimpeach … ed, neither was removed from office.
But general feeling was that term violation of constitution was in itself quite wide and comprehensive and needed no elaboration. The order can be issued following an address the Parliament which is supported by a special majority of each house- a majority of the total membership of that House and a majority of not less than two-thirds of the members of that house present and voting. Even in normal times P. Rajendra Prasad was twice elected to this office without much heat and furore anywhere and this is what happened when Dr. Two other presidents have had articles impeachment brought against them in the House, though they were ultimately acquitted by the Senate. But the principle has been completely ignored in the removal process. The charges are contained in a notice that has to be signed by at least one quarter of the total members of that house.
The salary and allowances of the president are charged from Consolidated Fund of India. The Supreme Court, however, rejected the petition and V. This, action of the President was, however, much criticised by opposition parties. Donald Trump is not likely to be the third. It may, however, not lead one to understand the President can be removed only by impeachment.