Q. With reference to the impeachment of the President of India, consider the following statements:
1.The Constitution clearly defines the term ‘violation of the Constitution’.
2.Impeachment charges can be initiated in either House of the Parliament.
3.The President has no right to appear or be represented during the investigation.
4.The nominated members of Parliament can participate in the impeachment process.
Which of the statements given above are correct?
Quarterly-SFG-Jan-to-March
Red Book

[A] 1 and 3 only

[B] 2 and 4 only

[C] 1, 2 and 3 only

[D] 2, 3 and 4 only

Answer: B
Notes:

Answer: B.

  • The Constitution of India mentions that the President can be impeached for “violation of the Constitution”, but it does not define or elaborate on what constitutes a violation.
  • This lack of definition leaves it open to interpretation by Parliament.
  • Article 61 of the Constitution states that the process of impeachment can begin in either the Lok Sabha or the Rajya Sabha.
  • A resolution must be passed by a two-thirds majority of that House, and then the other House investigates and votes.
  • The President has the right to appear and be represented during the investigation by the other House.
  • Unlike the election of the President (where nominated members cannot vote), nominated members of both Houses of Parliament can participate in the impeachment There is no restriction on their voting in this context.

Source: Laxmikant


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