Impeachment of the President

Also called: Article 61 · Topic: Union Executive: President, Vice-President, Prime Minister and Council of Ministers · NCERT: Class 11, Ch 4 "Executive"

Meaning

Impeachment of the President (Article 61) is the only way Parliament can remove a sitting President from office before the term ends, and the only ground for it is "violation of the Constitution". It matters because it makes the President, the guardian of the Constitution, answerable to Parliament. The very high majority it needs also protects the office from removal for party-political reasons.

Explanation

What impeachment is and its ground

• Impeachment: a special, court-like process. Parliament charges the President, investigates the charge and then removes the President.
• Only ground: "violation of the Constitution". The Constitution does not define this phrase.
• Only way to remove: Art. 56 says the President holds office for five years and can be removed only by impeachment under Art. 61. A President may also leave by resigning in writing to the Vice-President, but resignation is a choice, not removal.
• Why the ground is narrow: the President swears to "preserve, protect and defend the Constitution" (Art. 60). Breaking that oath is the only reason for removal. Ordinary political disagreement is not.

The steps, in order

Step	What happens	Majority or time needed
1. Notice	Members of either House give written notice that they plan to move a resolution with the charge	Signed by at least one-fourth of the total members of that House. At least 14 days' notice [2]
2. Charge passed	The House that started the process votes on the resolution	Two-thirds of the total membership of that House [2]
3. Investigation	The other House investigates the charge itself or has it investigated	The President may appear in person or be represented [2]
4. Removal	The investigating House passes a resolution saying the charge is proved	Two-thirds of its total membership. The President is removed from the date the resolution passes [2]

• Either House can begin. The Lok Sabha or the Rajya Sabha may bring the charge. The other House then acts as the investigating body.
• "Total membership" means all seats in the House, not just the members present that day. This is harder to reach than "two-thirds of those present and voting".

Who takes part, and its limits

• Only Parliament. State legislatures have no role in impeachment.
• Nominated MPs vote. They take part in impeachment, though they cannot vote in the Presidential election.
• Elected MLAs do not vote. This includes the MLAs of Delhi and Puducherry. They help elect the President but play no part in removing the President.

Member	Votes in the election?	Votes in impeachment?
Elected MPs	Yes	Yes
Nominated MPs	No	Yes
Elected MLAs (including Delhi and Puducherry)	Yes	No
Members of Legislative Councils	No	No

• After removal: the office falls vacant. A new President must be elected within six months (Art. 62). That person gets a full five-year term, not the rest of the old one.

In the Constitution and practice

• Article 61: sets out the whole procedure for impeachment [2].
• Article 56: links the five-year term to Art. 61. Removal is possible only "by impeachment for violation of the Constitution".
• Article 62: a vacancy caused by removal must be filled by an election within six months, and the new President gets a full five-year term.
• Article 361 (immunity): no court can make the President answer for official acts, and no criminal case can be started during the term. So impeachment is the only forum where the President can personally be made to answer while in office.
• Rameshwar Prasad v. Union of India (2006): the President's personal immunity is complete, but the President's actions can still be reviewed in court, including for mala fides (bad faith) [3].

• November 2025 advisory opinion (Special Reference No. 1 of 2025): the Supreme Court restated this position [3].

• In practice: no President of India has ever been impeached. Because the President acts on the advice of the Council of Ministers, real conflict with the Constitution has not reached this point.

Don't confuse with

• Removal of the Vice-President (Art. 67): not called "impeachment" and no ground is stated. The Rajya Sabha passes a resolution by a majority of its then members, and the Lok Sabha agrees to it. The President's impeachment needs two-thirds of the total membership in both Houses.
• Removal of Supreme Court and High Court judges (Art. 124(4)): the ground is "proved misbehaviour or incapacity", not "violation of the Constitution". It needs a majority of the total membership and two-thirds of those present and voting in each House. The President's impeachment needs two-thirds of the total membership.
• Election of the President (Arts. 54–55): done by an electoral college of elected MPs and elected MLAs. Impeachment is done by Parliament alone, and nominated MPs take part in it.
• Election dispute (Art. 71): a challenge to the validity of the election, decided only by the Supreme Court. Impeachment is a political-judicial trial by Parliament for conduct while in office.

Prelims Hooks

• Art. 61: the only ground for impeachment is "violation of the Constitution", and the Constitution does not define it.
• Notice: signed by at least one-fourth of the total members of the House, with at least 14 days' notice [2].
• Majority: two-thirds of the total membership in each House: once to pass the charge and once to declare it proved [2].
• Trap: nominated MPs vote in impeachment but not in the election. Elected MLAs vote in the election but not in impeachment.
• Trap: either House can bring the charge. The other House investigates, and the President may appear in person or be represented [2].
• Fact: no President of India has ever been impeached. After removal, a new election must be held within six months, and the winner gets a full five-year term (Art. 62).

Mains Points

• Undefined ground: a risk and a safeguard at the same time
• "Violation of the Constitution" is not defined, so a majority in Parliament could, in theory, use the process for political ends.

• But the two-thirds total-membership rule in both Houses is a very high bar. A ruling party usually cannot meet it alone, so wide agreement across parties is needed.

• Unequal roles in electing and removing the President

• MLAs help elect the President, which gives the states a voice (federalism). But they have no role in removal.
• Nominated MPs cannot elect the President but can help remove the President.

• Critics call this inconsistent. Defenders say impeachment is a judicial-style trial that belongs to Parliament, while the election is a national choice that must include the states.

• Impeachment as the only route to accountability

• Art. 361 makes the President personally immune from courts during the term (Rameshwar Prasad, 2006) [3].
• Courts can still review the President's actions, but only Parliament can hold the person to account, through Art. 61.
• The fact that it has never been used shows the President's role as a nominal head who acts on ministerial advice. It also raises the question of whether such a hard-to-use check works as a real deterrent.

Related concepts

• Election of the President
• Value of votes in presidential election
• Qualifications of the President
• Presidential election disputes
• Immunity of the President and Governors

Read more

• Electing and removing the President