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With reference to Impeachment of President of India, consider the following statements:
1. Only the elected members of Rajya Sabha and Lok Sabha can take part in impeachment process.
2. President can be impeached only for ‘violation of the Constitution’.
3. The term ‘violation of the Constitution’ has been defined in the Constitution.
Which of the statements given above is/ are correct?
1 only
2 only
1 and 2 only
2 and 3 only
Statement 2 is correct: The President can be removed from office by a process of impeachment for ‘violation of the Constitution’ only. Statement 3 is not correct: 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.
Hence Statement 1 is not correct. No President has so far been impeached.
By: Parvesh Mehta ProfileResourcesReport error
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