The Constitution of India
Article 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 at 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 caused 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.
Why this exists
The framers wanted the President's office to be stable and above ordinary political disputes, so they made removal deliberately difficult — requiring supermajorities in both Houses and a fair investigation. This mirrors similar high-threshold impeachment processes for heads of state in other democracies, reflecting the President's role as a ceremonial and unifying constitutional figurehead rather than a directly politically accountable executive.
Common misconceptions
- Myth: The President can be impeached for any wrongdoing, like a scandal or crime.
Fact: Article 61 only allows impeachment for 'violation of the Constitution' — not for general misconduct, crimes, or unpopularity. - Myth: A simple majority vote in Parliament is enough to remove the President.
Fact: Both the initial charge and the final removal resolution require a two-thirds majority of the total membership of each House, not just those present and voting. - Myth: No Indian President has ever faced any accountability mechanism.
Fact: Article 61 provides a defined, though never-used, mechanism for removing a President — it exists as a safeguard even though it has not been invoked in practice.