Previous Year Question
Under which one of the following Articles, the procedure for removal of the President of India through the process of impeachment has been laid down?
Article-53
Article-61
Article-74
Article-13
Correct Answer: B
Detailed Solution
The complete constitutional procedure for impeachment of the President is laid down in Article 61. The President may be impeached only for “violation of the Constitution”, and the charge may be initiated by either House of Parliament—the Lok Sabha or the Rajya Sabha.
Before the resolution is moved, at least 14 days' written notice is required, and the notice must be signed by not less than one-fourth of the total membership of the House initiating the charge.
The resolution must then be passed by not less than two-thirds of the total membership of that House. This is important: the requirement is two-thirds of the total membership, not merely two-thirds of members present and voting.
After one House prefers the charge, the other House investigates it or causes it to be investigated. The President has the right to appear and be represented during the investigation. If the investigating House also sustains the charge by at least two-thirds of its total membership, the President is removed from office from the date of that resolution.
The options can be distinguished as—
Article 53 → Executive power of the Union
Article 61 → Impeachment of the President
Article 74 → Council of Ministers to aid and advise the President
Article 13 → Laws inconsistent with Fundamental Rights