Thursday, July 24, 2014

Oath & Term of Office & Impeachment of President of India

Oath by the President

Under Article 60, the President take oath in the presence of Chief Justice of the Supreme Court “to preserve, protect and defend the Constitution and law”.

Term of office of the President

Article 56 says that the President shall hold office for a term of five years from the date on which he enters upon his office. Even after the expiry of his term, he shall continue in office until his successor enters upon his office. He is also eligible for re-election.The President may, however, resign his office for violation of the Constitution by the process of impeachment. If the President resign, dies or is impeached i.e. when the office of the President falls vacant before the expiration of five years, an election to fill the vacancy must be completed within six months after the vacancy has arisen.

Impeachment of the President

According to Article 61, the President of India can be removed from his office before the expiry
of his term by the process of impeachment. He can be impeached only for ‘violation of provisions of the Constitution’. The power of impeachment of the President is vested in the Parliament. It is quasi-judicial procedure.

The impeachment procedure against the president for the violation of the Constitution can be initiated in either House of the Parliament. The charge must come in the form of a proposal contained in resolution which must be signed by at least one-fourth of the total membership of the House. Before the resolution could be passed, a fourteen day notice must be given to the President. Such a resolution-must be passed by majority of not less than two-third of the total membership of the House.

Then the other House of Parliament-called the investigating House-investigates those charges by itself or causes the charge to be investigated. The President has the right to appear and to be represented at such investigation to defend himself. If as a result of the investigation, members of the other House also pass a resolution supported by not less than two-third of the total membership of the House, declaring that the charge preferred against the President has been can accepted, the President stands removed from his office from the date on which the investigating House passed the resolution.

The process of impeaching the President is deficient on the following counts -

(1)    The term ‘violation of the Constitution’ is a very vague term and has not been defined anywhere in the Constitution.

(2)    The elected members of the Legislative Assemblies of the State have no role to play in the impeachment proceedings, while they elect the President.

(3)    The nominated members of Parliament have the right to deliberate and vote when the resolution of impeachment is under consideration while they have no vote in the election of the President.

(4)    The procedure and the authority to investigate the charges against the President have not been specified nor has any definite time period been specified.

No comments:

Post a Comment

Add a Comment or Query