Q. Consider the following statements:
1. President of India can be impeached from office for violation of the Constitution.
2. The impeachment charges can be initiated with the prior permission of Chief Justice of India.
3. The President can be removed only with the passage of constitutional amendment bill declaring his or her removal.
How many statements given above are correct?
Exp) Option a is the correct answer.
Statement 1 is correct. The President of India can be removed from office by a process of impeachment for ‘violation of the Constitution’. However, the Constitution does not define the meaning of the phrase ‘violation of the Constitution’.
Statement 2 is incorrect. The impeachment charges can be initiated by either House of Parliament. It does not require the prior permission of Chief Justice of India or any other institutions. 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.
Statement 3 is incorrect. 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. 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 resolution is so passed There is no need to pass Constitutional Amendment for the removal of President of India.
