Summary of "Impeachment Process of the President of India | Class 52 | Amrit Upadhyay | StudyIQ IAS HIndi"

Overview

This is a concise summary of a recorded StudyIQ IAS (Hindi) lecture by Amrit Upadhyay on constitutional provisions governing the President of India (primarily Articles 59–65, 71 and 74). The lecture covers eligibility, oath, emoluments, disqualifications, impeachment/removal, filling vacancies and acting‑President rules, dispute resolution for presidential elections, and the Council of Ministers’ advisory role. It also offers practical study advice and brief current‑affairs mentions.

Key provisions and concepts

Eligibility to be President (Article 59)

• Must be a citizen of India.
• Minimum age: 35 years.
• Must be qualified to be elected as a member of the Lok Sabha.
• Must not hold any office of profit under the Union or a State (certain offices are exempt when contesting).
• If a sitting MP/MLA is elected President, their legislative seat is vacated when they assume office.

Oath or affirmation (Article 60)

• The President (or person acting as President) must take an oath/affirmation before the Chief Justice of India, or in their absence the senior‑most Supreme Court judge.
• The oath includes a commitment to protect and defend the Constitution and the law.

Emoluments and privileges (Article 59; Second Schedule / law)

• Parliament fixes the President’s salary, allowances and privileges by law.
• Emoluments cannot be diminished during the incumbent’s term.
• The President is entitled to an official residence (Rashtrapati Bhavan) without rent.

Impeachment / removal of the President (Article 61)

• Ground for removal: violation of the Constitution.
• The process is parliamentary; state legislatures do not participate.
• “Impeachment” is the constitutional term specific to the President.

Detailed impeachment procedure (Article 61)

1. Ground: violation of the Constitution.
2. Initiation:
   • A written notice of not less than 14 days must be given.
   • The notice must form part of a resolution moved in either House (Lok Sabha or Rajya Sabha).
   • The notice/resolution must be signed by at least one‑fourth of the total membership of the originating House.
3. Passage in the originating House:
   • After the 14‑day notice period and motion, the originating House must pass the resolution by a majority of not less than two‑thirds of its total membership.
4. Transmission and investigation:
   • The resolution is sent to the other House, which shall investigate or cause an investigation of the charge.
   • The President has the right to appear and be represented before the investigating House.
5. Decision in the second House:
   • If the investigating House passes a resolution declaring the charge proved by a majority of at least two‑thirds of its total membership, the President is removed from office with effect from the date of that resolution.
6. Additional notes:
   • The investigation takes place in the other House (not the originating House).
   • Impeachment under the Constitution applies only to the President.

Filling vacancies and term for replacement (Article 62)

• If a vacancy occurs on expiry of the term: an election must be completed before the term expires.
• If a vacancy occurs by death, resignation, removal, invalidation of election, or otherwise: an election to fill the vacancy must be held “as soon as may be,” and in any case within six months of the occurrence.
• A person elected to fill such a casual vacancy holds office for a full five‑year term from the date they assume office (subject to Article 56).

Acting President and succession (Article 65 and practice)

• During absence or temporary inability of the President, the Vice‑President acts and discharges the functions of the President.
• If the Vice‑President is also unavailable, statutory practice has provided for the Chief Justice (or next senior Supreme Court judge) to act as President; this arrangement is by law/practice rather than an explicit constitutional provision.
• An Acting President exercises all presidential powers, immunities and emoluments for the period of acting.

Disputes about election (Article 71)

• All disputes and doubts about the election of the President and Vice‑President are decided by the Supreme Court; its decision is final.
• If the Supreme Court declares an election void, actions done by the person while in office before the decision remain valid.

Council of Ministers and presidential action (Article 74)

• There shall be a Council of Ministers, headed by the Prime Minister, to aid and advise the President.
• After the 42nd Amendment (1976) the President is to act in accordance with the advice of the Council of Ministers (binding).
• After the 44th Amendment (1978) the President may return advice once for reconsideration; after reconsideration the President must act on the advice.
• Courts cannot inquire into whether advice was given or into its content (non‑justiciability).

Other important points emphasized

• The President cannot remain a member of Parliament or a state legislature; the seat is deemed vacated once the person assumes the Presidency.
• The “office of profit” bar applies before election (one cannot hold a government office of profit while contesting); some offices (e.g., Vice‑President, Governor, Ministers) are exempt when contesting.
• Parliament can change the President’s pay by law, but emoluments cannot be reduced during a sitting President’s term.
• If the Supreme Court later voids a President’s election, acts performed by that person during the period before the decision remain valid.
• Judicial non‑interference: courts cannot probe the advice of the Council of Ministers to the President or its content.

Study and practical tips (from the lecturer)

• Read the textbook after class for clarity; combining class and reading improves retention.
• Practice past‑year questions (PYQs); the lecturer’s PYQ class was scheduled to start after March.
• Regularly revise constitutional provisions and practice answer writing.

Brief current‑affairs mentions

• NCERT Class 8 judiciary chapter controversy and the Chief Justice of India’s reaction (book withdrawal).
• Low Emission Zone experiment in Pune (mentioned as a current‑affairs item).

Speakers and sources referenced

• Lecturer: Amrit Upadhyay (StudyIQ IAS, Hindi).
• Institutions/constitutional offices: President of India, Vice‑President, Prime Minister, Council of Ministers, Parliament, Supreme Court, Chief Justice of India, State Legislatures.
• Named persons and historical references: Draupadi Murmu (current President example), Indira Gandhi (42nd Amendment), Janata Party (44th Amendment context), Rajendra Prasad, Zakir Hussain, V. V. Giri.
• Other sources: Second Schedule of the Constitution, NCERT (textbook).
• Student/participant names mentioned briefly: Ganesh Sir, Arya Tiwari, Rinku Sir.

Category

Educational

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