What is the Article 61?

By BYJU'S Exam Prep

Updated on: November 9th, 2023

Article 61 of the Indian Constitution is the procedure for impeaching the President, as and when applicable. In such a case, either House of Parliament has the authority to prevent the President from being impeached. The Indian Constitution specifies a course of action to be taken if the President violates constitutional norms. In such a case, Article 61 of the Constitution empowers either House of Parliament to impeach the President.

Article 61 in the Constitution of India 1949

The process of impeachment of the President of India is as follows:

(1) When a President is impeached for violating the Constitution, either House of Parliament may bring the charge.

(2) No such charge is preferable unless:

  • (2a) the proposal to prefer such charge is contained in a resolution that has been moved after at least fourteen days written notice of intention to move the resolution has been given by not less than one-fourth of the total number of members of the House, and
  • (2b) such a resolution has been passed by a majority of at least two-thirds of the House’s total membership.

(3) When one House of Parliament prefers a charge, the other House must investigate the charge or cause it to be investigated. The President is entitled to attend the investigation and be represented.

(4) The President will be removed from office as of the date the resolution is so passed if, as a result of the investigation, a resolution is passed by a majority of not less than two-thirds of the entire membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained.

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