Q . There are many instances when impeachment proceedings began against US President but only three of them were impeached. In the context of recent impeachment proceedings against President of US, compare it with the Indian President and what are the differences? (15 marks, 250 words, GS-2)
Answer-
Approach-
- The introduction could be about how many times the impeachment proceedings were initiated and how many of them were impeached.
- The second para about the grounds when such action can be initiated.
- The next para about the comparison with the Indian President.
- Concluding para to be about the differences between the offices of President
- The president, under the Constitution, can be removed from from office for “Treason, Bribery, or other high Crimes and Misdemeanours.”
- High crimes and misdemeanours have historically encompassed corruption and abuses of the public trust, as opposed to just indictable violations of criminal statutes.
- An impeachable Offence is whatever a majority of the House of Representatives considers it to be at a given moment in history.
- No president has ever been removed as a direct result of impeachment.
- Richard Nixon- resigned before he could be removed
- Andrew Johnson and Bill Clinton – impeached by the house but not convicted by the Senate
- Both the American and Indian Presidents can only be removed from the office through impeachment.
Comparison-
| US PRESIDENT | INDIAN PRESIDENT |
| On the grounds of “Treason, Bribery, or other high Crimes and Misdemeanours.” | REASON: On violation of Constitution.
What constitutes “violation of constitution” not defined |
| Under Article 2 Sec. 4 | Under Article 61 of Indian Constitution |
| The initiating house = House of representative only. | Initiated by either of the house after charges signed by one- fourth members of the house and 14-day notice to President |
| If resolution passed by a majority in House of Representatives, President is impeached | If resolution passed by one house it is moved to another house. If the other house passes the resolution, the president is impeached |
| Senate then holds trial by voting on conviction. Senate act as investigating house | The other house which is not the initiating house acts as investigating house |
| The Constitution requires a two-thirds super majority to convict a person being impeached. The Senate enters judgment on its decision, whether that be to convict or acquit. | Impeachment resolution has to be passed by a two-thirds majority of the total number of members of the originating house. It is then sent to the other house |