CONSTITUTION OF INDIAArticle 61
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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.
Exam note: Article 61 governs presidential impeachment for ‘violation of the Constitution’. Needs one-fourth of a House’s total membership to sign the 14-day notice, then two-thirds of total membership twice (charge + sustain). No President has ever been impeached.
Since 1950, no Indian President has ever faced impeachment. Article 61 is the reason it’s so rare: a bar set deliberately, almost impossibly, high. Understanding that bar — the one-fourth notice, the two-thirds vote twice over — is the key to this article.
MCQ QuestionsPolity0242
Zero
Indian Presidents impeached under Article 61, since the Constitution took effect in 1950.
Notice
1/4th
of a House’s total membership, to even move the resolution
Advance Warning
14 Days
minimum notice period, before the resolution can be moved
Majority
2/3rds
of total membership, required twice: to charge, then to sustain
Either House
2 Houses
Lok Sabha or Rajya Sabha can both initiate the charge
The reverse of election: the President’s own election, under Article 54, includes elected State Assembly members. Impeachment, under Article 61, excludes them entirely — only Parliament votes.
Must Know
The Ground and the Process
- ArticleArticle 61 sits in Part V and lays out the only procedure to impeach a sitting President.
- GroundThe sole ground is ‘violation of the Constitution’ — a term the Constitution itself never defines.
- Which HouseThe charge can be initiated in either House — Lok Sabha or Rajya Sabha.
- Why it mattersImpeachment is the only way to remove a President mid-term, so the bar is set deliberately high.
The High Threshold
- NoticeTo even move the resolution, notice must be signed by at least one-fourth of that House’s total membership.
- AdvanceThis notice must be given at least fourteen days in advance.
- Vote to chargeThe resolution preferring the charge must pass by a majority of at least two-thirds of that House’s total membership.
- InvestigationOnce one House prefers the charge, the other House investigates it, with the President entitled to appear and be represented.
- Why it mattersThese hurdles exist because removing a head of state should require a genuinely broad consensus, not a narrow political majority.
Good to Know
Removal After Investigation
- Second voteIf the investigating House also passes a resolution by two-thirds of its total membership declaring the charge sustained, the President is removed immediately.
- Stricter barThis ‘two-thirds of total membership’ bar is stricter than most Constitutional Amendments, which only need two-thirds of members present and voting.
- WhyThe higher bar reflects the President’s status as head of state — impeachment is meant to be difficult.
- So whatRemoval needs two-thirds twice over: once to charge, once to sustain.
Who Votes
- Either HouseUnlike a Money Bill, impeachment can be initiated in either House, not just the Lok Sabha.
- Only ParliamentOnly Parliament votes on impeachment; State Legislative Assembly members play no role.
- Reverse of electionThe President’s own election (Article 54) includes elected State Assembly members, but impeachment excludes them entirely.
- TakeawayElection = Parliament + State Assemblies; impeachment = Parliament only.
✅ Test Yourself
Work through a 5-question chain on Article 61, then keep practising with a random Indian Polity question.
Great to Know
The ‘Quasi-Judicial’ Nature
- ConceptArticle 61’s process is sometimes called ‘quasi-judicial’.
- HowThe investigating House functions almost like a court, with the President entitled to appear and be represented.
- WhyBecause the process decides a grave charge against the head of state, it mimics judicial procedure.
- So whatImpeachment is part political, part judicial.
- TakeawayThink of the investigating House as a jury: it weighs the charge with the President given a hearing, before deciding.
The 1948 vs 1950 Threshold
- 1948 draftThe Draft Constitution’s 1948 version needed only thirty members’ signatures for notice, with no fixed notice period.
- 1950 finalThe final text raised this to one-fourth of total membership with a mandatory fourteen-day notice.
- WhyThe framers deliberately made impeachment harder before the Constitution took effect.
- So whatThe 1950 text reflects a considered decision to protect the President’s office.
- TakeawayThe jump from 30 signatures to one-fourth of total membership shows how seriously the framers took protecting the head of state.
Why No President Has Been Impeached
- FactNo Indian President has ever actually faced impeachment since 1950.
- WhyThe combination of a one-fourth notice and a two-thirds vote twice over is extraordinarily hard to meet.
- EffectThe high bar deters frivolous or purely political impeachment attempts.
- So whatThe difficulty is by design — it protects the stability of the executive head.
- So whatThe near-impossible bar is itself the point — it signals that removing a President is an extraordinary last resort.
Article 61 in the Presidential Framework
- LinkArticle 61 governs removal; Article 54 governs the President’s election.
- ContrastElection’s electoral college includes State Assembly members; impeachment does not.
- WhyThe contrast shows the framers treated election and removal very differently.
- So whatUnderstanding the two together gives the complete presidential picture.
- TakeawayRemember the pair: Article 54 elects, Article 61 removes — and only Parliament is involved in the latter.
Exam-Angle Summary
- GroundViolation of the Constitution.
- NoticeOne-fourth of a House’s total membership, 14 days in advance.
- MajorityTwo-thirds of total membership, twice (charge + sustain).
- HousesEither House can initiate; only Parliament votes.
- WhyThese precise numbers are what examiners test.
PYQ / Exam Angle
UPSC CSP 2022: Is Impeachment a Lok Sabha Exclusive Power?
- QuestionUPSC asked which is/are the exclusive powers of the Lok Sabha: 1. ratifying an Emergency declaration, 2. passing a no-confidence motion, 3. impeaching the President. Correct answer: 2 only.
- WhyImpeachment is not Lok Sabha-exclusive — the charge can be preferred in either House of Parliament under Article 61. Emergency ratification needs both Houses too.
- LinkSource: UPSC CSP 2022 GS Paper I (see Q15).
CDS II 2020: Statements on the President’s Term
- QuestionCDS asked which statement about the President’s term is not correct: five-year term, removal by impeachment, resignation by writing to the Speaker, or continuing till a successor enters.
- WhyResignation is addressed to the Vice-President, not the Speaker (Article 56). The other three statements are correct — including removal by way of impeachment.
- LinkSource: CDS II 2020 General Knowledge (see Q21).
CDS II 2019: Removed ‘In the Like Manner’ as the President?
- QuestionCDS asked which statements on resignation and removal are not correct — including that the President resigns to the Chief Justice and that the CAG is removed in the like manner as the President.
- WhyThe President resigns to the Vice-President; the CAG is removed in the like manner as a Judge of the Supreme Court (Article 148), not as the President — both are traps.
- LinkSource: CDS II 2019 General Knowledge (see Q99).
The Majority Trap
- Fact testedImpeachment needs two-thirds of the total membership of each House — to prefer the charge and again to sustain it after investigation.
- TrapNot ‘two-thirds of members present and voting’ — that is the amendment standard under Article 368.
- TryArticle 61 = two-thirds of total membership, twice over.
The ‘Which Article’ Trap
- Fact testedProcedure for impeachment of the President is the subject matter of Article 61.
- TrapDon’t confuse with 59 (conditions of office), 62 (emoluments), or 63 (Vice-President).
- Try61 = impeachment.
Current Affairs / So What
Why Impeachment Is a Rare Topic
- DevelopmentBecause no President has ever been impeached, Article 61 rarely makes headlines — but the rules matter for constitutional theory.
- Why it mattersThe high bar shows how the Constitution protects the head of state from routine political removal.
- So whatArticle 61 is a study in deliberate constitutional difficulty.
The Impeachment Standard as a Model
- DevelopmentThe two-thirds-of-total-membership standard is among the strictest in the Constitution.
- Why it mattersIt contrasts with the looser amendment standard, showing the framers’ priorities.
- So whatComparing impeachment to amendments is a good way to remember both.
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