Q. Which of the following statements is not correct?
Answer:
Only elected members of the Parliament take part in the impeachment process.
Notes:
- The impeachment process of the President of India is a quasi-judicial process. Article 61 describes the process of impeachment of the President of India:
- The President can be removed from office by the process of impeachment only on the grounds of violation of the constitution.
- The impeachment process can be started from any house of the parliament by levelling charges against him.
- All the members of the parliament (elected + nominated) take part in the impeachment process.
- The notice bearing the charges against the president must be signed by at least a quarter of the members of the house.
- Then, the notice is sent to the president of India and within 14 days the process of impeachment starts.
- The resolution to impeach the president must be passed by a special majority (two-thirds) in the originating house.
- Next, it is sent to the other house for consideration. The other house acts as the investigating horse. A select committee is formed to investigate the charges labelled against the president.
- During the process, the President of India has the right to defend himself through authorised counsel. He can choose to defend himself or appoint any person/lawyer or attorney general of India to do so.
- After the investigation by the select committee, if the other house also passes the resolution by a two-thirds majority, the President of India stands impeached.