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Article 61 Of Indian Constitution In English
Article 61 – Procedure for impeachment of the President.
(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.
(2) No such charge shall be preferred unless.
(a) 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
(b) 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 as 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 cause 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 In English
61 Article – The process of impeaching the President.
(1) When a President is to be impeached for a violation of the Constitution, the charge shall be made by either House of Parliament.
(2) No such charge shall be made unless
(a) the preferential treatment to such charge is contained in a motion which has been moved after not less than fourteen days’ notice in writing signed by not less than one-fourth of the total number of members of the House, which has been given with the intention of presenting his proposal. resolution, and
(b) such resolution is passed by a majority of not less than two-thirds of the total membership of the House
(3) When an allegation has been made by either House of Parliament, the other House shall inquire into the charge or cause the charge to be inquired into and the President shall have the right to appear and represent such inquiry.
(4) If the inquiry results in a resolution passed by a majority of not less than two-thirds of the total membership of the House by which the charge was or has been inquired into, declaring that the charge was made against the President that such resolution shall have the effect of removing the President from his office on the date on which the resolution is passed.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 61 Of Indian Constitution?
Article 61 Debate Summary
The Constituent Assembly took up the draft Article 50 (Article 61, Constitution of India) for debate on 28 December 1948. The draft article laid down the procedure by which the President of India could be removed from office. Clause 1 states that impeachment proceedings can be initiated in either House of Parliament. An amendment was introduced to give this power only to the lower house, the Lok Sabha.
The mover of the amendment argued that unlike the Upper House, the Rajya Sabha, whose members were indirectly elected or nominated, the Lok Sabha was actually the representative of the people; And it was important to consider in deciding the impeachment process. Another member wanted the Chief Justice of the Supreme Court to preside over the investigation into the allegations against the President, as provided for in the US Constitution. To ensure fairness, the member argued, it was more appropriate for the Chief Justice to preside over the proceedings of the House rather than the Speaker or the Deputy Speaker.
In addition, the investigation would involve questions of fact, admissibility of evidence and other legal aspects that were best handled by a member of the judiciary such as the Chief Justice. There was also a proposal to replace the two-thirds majority required to pass an impeachment motion with a simple majority. The member who introduced this amendment felt that the two-thirds majority was against the spirit of democracy, a very strict criterion, and would make it difficult to pass an impeachment motion. The Chairman of the Drafting Committee responded to all the above amendments.
On the First Amendment, he argued that the president’s behavior was a matter of concern to the lower and upper houses, and therefore there was no point in allowing only the lower house to initiate impeachment proceedings. second, he said that there was no problem in bringing in the Chief Justice to preside over the investigation; It could be provided for in the Rules of Procedure of the Houses and was not required to be included in the Constitution.
On the Third Amendment, he argued that unlike a no-confidence motion, an impeachment motion would link the president to shame, moral turpitude, and the ruin of the president’s public career. Therefore, it was necessary to set a higher limit of two-thirds majority for passing an impeachment motion. The draft article was adopted with a minor modification.
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