Constitution of India, 1949
61. Procedure for impeachment of the
President.-
(1) When a President is to be impeached for
violation of the Constitution, the charge shall be preferred by either House of
Parliament.
(2) No such charge shall be preferred unless-
(a) the proposal to
prefer such charge is contained in a resolution which has been moved after at
least fourteen days’ notice in writing signed by not less than one-fourth of
the total number of members of the House has been given of their intention to
move the resolution, and
(b) such resolution
has been passed by a majority of not less than two-thirds of the total
membership of the House.
(3) When a charge has been so preferred by
either House of Parliament, the other House shall investigate the charge or
cause the charge to be investigated and the President shall have the right to
appear and to be represented as such investigation.
(4) If as a result of the investigation a
resolution is passed by a majority of not less than two-thirds of the total
membership of the House by which the charge was investigated or cause to be
investigated, declaring that the charge preferred against the President has
been sustained, such resolution shall have the effect of removing the President
from his office as from the date on which the resolution is so passed.