The President of India can be removed from his/her office by the
2011
The President of India can be removed from his/her office by the
- A.
Prime Minister
- B.
Supreme Court
- C.
Chief Election Commissioner
- D.
Parliament
Attempted by 3 students.
Show answer & explanation
Correct answer: D
Concept: Article 61 of the Constitution of India lays down the constitutional procedure for removing the President before the end of the term - impeachment on the ground of “violation of the Constitution.” This is a legislative act carried out by Parliament, through a resolution process conducted in both Houses.
Application: Applying the Article 61 procedure to this item -
The charge may be initiated in either House of Parliament (Lok Sabha or Rajya Sabha).
A resolution containing the charge must be moved after at least 14 days' notice, signed by not less than one-fourth of the total membership of that House.
The resolution must be passed by that House with a majority of not less than two-thirds of its total membership.
The charge then goes to the other House, which investigates it (the President has the right to appear or be represented during the investigation).
If the other House also sustains the charge and passes it by the same two-thirds majority, the President stands removed from office from the date the resolution is passed.
Cross-check: Contrasting the remaining options against this constitutional scheme -
The Prime Minister's constitutional position, under Article 74, is to head the Council of Ministers that aids and advises the President - a role in day-to-day governance, not a role in Article 61's removal procedure.
The Supreme Court's constitutional role regarding the President, under Article 71, is limited to deciding disputes about the validity of a presidential election - a function that is separate from Article 61's impeachment procedure.
The Election Commission's constitutional mandate, under Article 324, is the superintendence, direction and conduct of elections (including the presidential election) - a role confined to the conduct of the poll, not Article 61's procedure.
Working through Article 61 step by step above, Parliament is the constitutionally correct authority to remove the President from office.