Article 61 of CoI : Article 61: Procedure for impeachment of the President.

Explanation using Example

Example 1:

Scenario: Allegations of Constitutional Violation by the President

Situation: Suppose the President of India is accused of violating the Constitution by taking actions that undermine the democratic process. Members of Parliament (MPs) believe that the President has overstepped his authority by issuing directives that bypass the legislative process.

Procedure:

1. Initiation of Charge: A group of MPs from the Lok Sabha (House of the People) decides to initiate impeachment proceedings. They draft a resolution outlining the specific charges of constitutional violation.
2. Notice Period: The MPs provide a written notice of their intention to move the resolution. This notice is signed by at least one-fourth of the total members of the Lok Sabha and is submitted at least fourteen days before the resolution is moved.
3. Passing the Resolution: The resolution is then moved in the Lok Sabha. For the charge to be preferred, the resolution must be passed by a majority of not less than two-thirds of the total membership of the Lok Sabha.
4. Investigation by Rajya Sabha: Once the charge is preferred by the Lok Sabha, the Rajya Sabha (Council of States) is responsible for investigating the charge. The President has the right to appear and be represented during this investigation.
5. Final Resolution: If the Rajya Sabha, after investigation, passes a resolution by a two-thirds majority of its total membership declaring that the charge against the President is sustained, the President is removed from office effective from the date of the resolution.

Example 2:

Scenario: Impeachment Proceedings Due to Misuse of Presidential Powers

Situation: The President of India is accused of misusing presidential powers to grant pardons and reprieves in a manner that is seen as arbitrary and against the principles of justice. This action is perceived as a violation of the Constitution.

Procedure:

1. Initiation of Charge: Members of the Rajya Sabha decide to initiate impeachment proceedings. They draft a resolution detailing the charges of misuse of presidential powers.
2. Notice Period: The MPs provide a written notice of their intention to move the resolution. This notice is signed by at least one-fourth of the total members of the Rajya Sabha and is submitted at least fourteen days before the resolution is moved.
3. Passing the Resolution: The resolution is then moved in the Rajya Sabha. For the charge to be preferred, the resolution must be passed by a majority of not less than two-thirds of the total membership of the Rajya Sabha.
4. Investigation by Lok Sabha: Once the charge is preferred by the Rajya Sabha, the Lok Sabha is responsible for investigating the charge. The President has the right to appear and be represented during this investigation.
5. Final Resolution: If the Lok Sabha, after investigation, passes a resolution by a two-thirds majority of its total membership declaring that the charge against the President is sustained, the President is removed from office effective from the date of the resolution.