Article 61 in indian constitution. Constitution of India 2022-12-23
Article 61 in indian constitution Rating:
8,3/10
352
reviews
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.
Majorities In Parliament
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 Indian Journal of Political Science. . PART XIV: SERVICES UNDER THE UNION AND THE STATES CHAPTER I: SERVICES 308 Interpretation. Cases where special majority as per article 61 is used: For the Amendability of Fundamental Rights and Evolution of Basic Structure The question of whether Fundamental Rights can be amended by the Parliament under 368 or not was the reason for the evolution of the basic structure. The President is chosen by an electoral college composed of the members of both the national and state legislatures.
CHAPTER IV: SPECIAL DIRECTIVES 350 Language to be used in representations for redress of grievances. Retrieved 24 July 2018. They, therefore, included provisions for occasionally incorporating modifications. Note- All the things mentioned in this have been taken from the Indian Constitution itself. An amendment was introduced to give this power only to the lower house, the Lok Sabha.
The Constitution of India: How it Has Been Framed. ClearIAS Intelligent Elimination Techniques IETs : 40 IETs to solve difficult questions using logic and common sense. 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. Indian Constitution at Work. Marri Channa Reddy Human Resource Development Institute Institute of Administration , Hyderabad. If the bill is then duly passed by the Parliament as per Article 368, he cannot withhold his assent. One died and was not replaced.
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. Sixty-ninth Amendment 1991 : This amendment recognized the capital city of Delhi as a Union Territory with a legislature. CHAPTER III: LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC. Officers of Parliament 89 The Chairman and Deputy Chairman of the Council of States. This article incorporates text from this source, which is in the. The draft article was adopted with a minor modification.
Sixteenth Amendment 1966 : This amendment authorized the government to levy taxes on agricultural income. He is elected by an electoral college. Retrieved 25 November 2013. The final list is the Concurrent List which contains the topics on which both the Union and State-level governments may legislate on. Rau the Constitutional Advisor to the Constituent Assembly who prepared a rough draft of the Constitution for the consideration of Drafting Committee. Article — The Inner Conflict of Constitutionalism: Judicial Review and the 'Basic Structure' Book—India's Kiving Constitution: Ideas, Practices, Controversies 2006 Second Impression 2002 Firsted.
Retrieved 14 June 2012. Conduct of Government Business 166 Conduct of business of the Government of a State. This special, Limitations on State Powers Union and Concurrent Lists While the State List mentioned above provides powers for the States, there are two other lists in the Seventh Schedule that generally weaken them. The procedure for impeaching the President, as and when applicable, is outlined in Article 61 of the Indian Constitution. What is Simple Majority? Power to impose taxes by, and Funds of, the Municipalities. Conduct of Business 188 Oath or affirmation by members.
Distribution of Revenues between the Union and the States 268 Duties levied by the Union but collected and appropriated by the State. To not disturb the original numbering, new articles are inserted alphanumerically; Article 21A, pertaining to the right to education, was inserted by the 86th Amendment Act. So only 400 members were present and voting. All types of majorities other than the absolute, effective or simple majority are known as the special majority. Special Majority according to Article 368 + 50 percent state ratification by a simple majority This type of majority is needed when a constitutional amendment tries to change the federal structure. CHAPTER II: PARLIAMENT General 79 Constitution of Parliament. Retrieved 23 August 2014.
Article 61 Constitution of India: Procedure for impeachment of the President
Article — Law and the Poor: Some Recent Developments in India Book—Criminal Law and Criminology. Retrieved 29 March 2012. Clause 1 states that impeachment proceedings can be initiated in either House of Parliament. Seventy-third Amendment 1992 : This amendment recognized the right to panchayats local self-governments as a fundamental right and provided for the reservation of seats for Scheduled Castes and Scheduled Tribes in panchayats. Thirty-ninth Amendment 1975 : This amendment protected the constitutional position of the state of Sikkim after it was merged with India. Legislative Procedure 196 Provisions as to introduction and passing of Bills. Retrieved 14 October 2008.
