Article 61 in indian constitution. Article 61 Constitution of India 2022-10-14
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Article 61 of the Indian Constitution pertains to the procedure for the impeachment of the President of India. It outlines the process by which the President can be removed from office on the grounds of "violation of the Constitution or gross misconduct."
According to Article 61, the process of impeachment can be initiated by either the Lok Sabha (the lower house of the Indian parliament) or the Rajya Sabha (the upper house). A notice of motion for impeachment must be signed by at least one-fourth of the total number of members of the house and must be accompanied by specific charges against the President.
Once the notice of motion is presented, the Speaker of the house (either the Lok Sabha or the Rajya Sabha) must constitute a three-member committee to investigate the charges. If the committee finds that the charges are substantiated, it can recommend the impeachment of the President to the house.
If a majority of the members of the house vote in favor of the impeachment, the President is removed from office. However, the President has the right to defend himself before the house and can also appeal to the Supreme Court of India against the impeachment.
In conclusion, Article 61 of the Indian Constitution provides a clear and defined process for the impeachment of the President of India on the grounds of violation of the Constitution or gross misconduct. It ensures that the President is held accountable for his actions and can be removed from office if found guilty of such actions.
Article 61 Of The Indian Constitution // Examarly
This is used in the case of impeachment of the President of India. The article outlines the procedure for impeachment of the President of India and provides a legal basis for the same. A nominated member of a House shall be disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat after complying with the requirements of article 99 or, as the case may be, article 188. The explanations are short, crisp and clear. This is different from other federal court systems, such as the United States, where state courts mainly apply state law and federal courts mainly apply federal law.
Article Written By: Priti Raj. Retrieved 25 November 2013. Retrieved 21 November 2015. Procedure Generally 208 Rules of procedure. State List The Constitution provides the States with a long list of powers exclusive to their jurisdiction.
The Arun Shourie Site. The Chief Justice of India acts as President when both the Vice President and President positions are vacant. The Constitution of India; a Comparative Study. Retrieved 6 April 2019. Types of Majorities in the Indian Parliament — Indian Polity:-Â Download PDF Here The President can give his assent or withhold his assent to a bill or he can return a bill, other than a money bill which is recommended by the president himself to the houses. PART XI: RELATIONS BETWEEN THE UNION AND THE STATES CHAPTER I: LEGISLATIVE RELATIONS Distribution of Legislative Powers 245 Extent of laws made by Parliament and by the Legislatures of States. The draft, known as the "Nehru Report," was written by a seven-member committee, chaired by Motilal Nehru.
Decision on questions as to disqualification on ground of defection— If any question arises as to whether a member of a House has become subject to disqualification under this Schedule, the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his decision shall be final: Polity Provided that where the question which has arisen is as to whether the Chairman or the Speaker of a House has become subject to such disqualification, the question shall be referred for the decision of such member of the House as the House may elect in this behalf and his decision shall be final. The President gives his resignation to the a Chief Justice b Parliament c Vice President d Prime Minister Answer: Vice President 3. PART XV: ELECTIONS 324 Superintendence, direction and control of elections to be vested in an Election Commission. Indian Constitution at Work. Rau the Constitutional Advisor to the Constituent Assembly who prepared a rough draft of the Constitution for the consideration of Drafting Committee. Second 59 3 , 65 3 , 75 6 , 97, 125, 148 3 , 158 3 , 164 5 , 186 and 221 Lists the salaries of public officials, judges, and the Third 75 4 , 99, 124 6 , 148 2 , 164 3 , 188 and 219 Forms of oaths— Lists the oaths of office for elected officials and judges Fourth 4 1 and 80 2 Details the allocation of seats in the Fifth 244 1 Provides for the administration and control of Scheduled Areas Sixth 244 2 and 275 1 Provisions made for the administration of tribal areas in 246 Central government, state, and concurrent lists of responsibilities 344 1 and 351 Official languages Ninth 31-B Validation of certain acts and regulations.
Retrieved 9 November 2015. Right to Equality 14 Equality before law. Retrieved 14 October 2008. Disqualification on ground of defection not to apply in case of merger— A member of a House shall not be disqualified under sub-paragraph 1 of paragraph 2 where his original political party merges with another political party and he claims that he and any other members of his original political party— have become members of such other political party or, as the case may be, of a new political party formed by such merger; or have not accepted the merger and opted to function as a separate group, and from the time of such merger, such other political party or new political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph 1 of paragraph 2 and to be his original political party for the purposes of this sub-paragraph. The rules made by the Chairman or the Speaker of a House under sub-paragraph of this paragraph shall be laid as soon as may be after they are made before the House for a total period of thirty days which may be comprised in one session or in two or more successive sessions and shall take effect upon the expiry of the said period of thirty days unless they are sooner approved with or without modifications or disapproved by the House and where they are so approved, they shall take effect on such approval in the form in which they were laid or in such modified form, as the case may be, and where they are so disapproved, they shall be of no effect.
The House is perhaps aware that of the seven members nominated by you, one had resigned from the House and was replaced. Article 61 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. One hundred questions and answers from Constitution of India. Distribution of Revenues between the Union and the States 268 Duties levied by the Union but collected and appropriated by the State. Coelho dead by L. Bar of jurisdiction of anything in this Constitution, no court shall have any jurisdiction in respect of any matter connected with the disqualification of a member of a House under this Schedule.
Retrieved 24 July 2018. CHAPTER IV: SPECIAL DIRECTIVES 350 Language to be used in representations for redress of grievances. Types of Majorities in the Indian Parliament - Indian Polity India follows a parliamentary democracy. It also added the Ninth Schedule, which protected certain laws from being challenged in the courts. Seventy-fourth Amendment 1992 : This amendment recognized the right to municipalities local self-governments as a fundamental right and provided for the reservation of seats for Scheduled Castes and Scheduled Tribes in municipalities. There are different types of majorities in the Indian Parliament.
This is a basic polity concept which aspirants must read about for the UPSC exam polity segment. Marri Channa Reddy Human Resource Development Institute Institute of Administration , Hyderabad. The Supreme Court or a In its 1967 The judiciary The judiciary is the final arbiter of the constitution. Right against Exploitation 23 Prohibition of traffic in human beings and forced labour. Retrieved 21 November 2013.
Special Majority Any majority other than simple, absolute and effective are called Special Majorities. Cultural and Educational Rights 29 Protection of interests of minorities. CHAPTER II: PARLIAMENT General 79 Constitution of Parliament. One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend. Meaning Of Impeachment Grounds For Impeachment Only charges brought against the President of India by either house of Parliament that allege a violation of the Indian Constitution would result in his removal from office. Retrieved 11 January 2022. Article 61 of Indian Constitution: 100 MCQ's on Constitution of India:- 1.
The story of the integration of the India states. Article 61 in The Indian Constitution 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 India's Important Case Laws and Landmark Judgments on Constitution of India i. Article 61 Debate Summary The Constituent Assembly took up the draft Article 50 Article 61, Constitution of India for debate on 28 December 1948. Half of the votes in the electoral college are assigned to state representatives in proportion to the population of each state and the other half are assigned to the national representatives. In such a case, either House of Parliament has the authority to prevent the President from being impeached. The President is chosen by an electoral college composed of the members of both the national and state legislatures. Retrieved 22 February 2008.
