The procedure of Impeachment of the President of India is __________.

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RPSC RAS Prelims 2016 Official Paper
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  1. Judicial Procedure
  2. Quasi - Judicial Procedure
  3. Legislative Procedure
  4. Executive Procedure

Answer (Detailed Solution Below)

Option 2 : Quasi - Judicial Procedure
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The correct answer is the Quasi-Judicial Procedure.

Important Points

  • The procedure of Impeachment of the President of India is the Quasi-Judicial Procedure.
  • The procedure begins with the introduction of a bill in either house of Parliament.
  • The only condition for the initiation of the impeachment of the Indian president is the ‘violation of the constitution.
  • None of the presidents of India has faced impeachment so far.
  • A quasi-judicial body is an organ of Government other than a Court or Legislature, which affects the rights of private parties either through adjudication or rulemaking”.
  • It is not mandatory that a Quasi-Judicial Body has to necessarily be an organization resembling a Court of Law.
    • For example, the Election Commission of India is also a Quasi-Judicial Body but does not have its core functions as a Court of Law.
  • Some examples of Quasi-Judicial Bodies in India are the Election Commission of India, the National Green Tribunal, and the Central Information Commission (CIC).

Key Points

  • Process of Impeachment of the President of India:
    • When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.
    • For the motion to be valid, it must be signed by at least one-fourth of the total members of the house where it is introduced
    • In the case of the Lok Sabha, this means that the motion must be signed by at least one-fourth of the total Lok Sabha members.
    • A 14-day notice is given to the President of India.
    • Then, Lok Sabha passes the impeachment charges with a two-thirds majority and sends it to Rajya Sabha.
    • Then, the Rajya Sabha investigates the charges.
    • While Rajya Sabha is investigating the charges, the President has the right to sit in the proceedings.
    • Rajya Sabha agrees to the charges and passes it with a two-thirds majority and the President is removed.
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