Which of the following statements concerning impeachment is incorrect
Which of the following statement/s is/are correct in respect of Impeachment of Indian President?
(i) The President of India is to be impeached for violation of the Constitution.
(ii) The charges against the President shall be preferred by Lok Sabha only.
(iii) Rajya Sabha only shall investigate the charges against President.
(iv) There is no provision of impeachment of President of India in Indian Constitution.
This question was previously asked in
OPSC OAS 2022 General Studies Official Paper-I
- (ii) only
- (ii) and (iii)
- (i) only
- (i) and (iii)
Answer (Detailed Solution Below)
Option 3 : (i) only
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OPSC OAS Prelims (General Studies) Official Paper-I (Held On: 16 Oct, 2022)
Detailed Solution
The correct answer is option (3) - only statement (i) is correct.
Explanation-
- Article 61 provides for the Impeachment Process of the President of India. The President of India can be removed from his office for violation of the constitution only. Hence, Statement(i) is correct.
- Impeachment against the President can be introduced in either house- Rajya Sabha or Lok Sabha. Hence, Statement (ii) is incorrect.
- Before introducing impeachment in any house, the Consent of at least one-fourth of the members is necessary. The president should be given 14 days advance notice before the introduction of impeachment.
- The president can appear in the House during the process of impeachment.
- If the House passes the impeachment resolution by a two-thirds majority, another house investigates the charges. The other house can be either Rajya Sabha or Lok Sabha. Hence, Statement, (iii) is incorrect.
- Provision of impeachment which is used to remove the President of India is mentioned under article 61. Hence, Statement, (iv) is incorrect.
- Nominated Members of Parliament can participate in the impeachment of the President although they have no role in the election of the President of India.
- Members of Legislative Assemblies do not take part in the impeachment of the president of India although they take part in the election of the president.
- Impeachment of the president is a semi-judicial process because it involves the investigation of charges against the president by members of parliament.
- Vice-President takes charge of the President after his removal and a fresh election for president must take place within 6 months of the removal of the President.
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