Topics Covered:
- Comparison of the Indian constitutional scheme with that of other countries.
How a US President can be impeached?
What to study?
For Prelims: How is US President impeached?
For Mains: Impeachment process in India.
Context: House Democrats recently unveiled plans to open up the impeachment inquiry into President Donald Trump with public hearings, after criticism from Republicans that the process has been overly secretive.
Background:
No US President has ever been removed as a direct result of impeachment. The House did impeach two Presidents — Andrew Johnson (1968) and Bill Clinton (1998) — but the Senate did not convict them. In between, President Richard Nixon (1974) resigned before he could be removed.
What is Impeachment?
It is a provision that allows Congress to remove the President of the United States.
Under the US Constitution:
- The House of Representatives (Lower House) has the “the sole power of impeachment” while the Senate (Upper House) has “the sole power to try all impeachments”.
- The Chief Justice of the US Supreme Court has the duty of presiding over impeachment trials in the Senate.
Grounds for impeachment:
- The President can be removed from office for “treason, bribery, or other high crimes and misdemeanors”.
- Essentially, it means an abuse of power by a high-level public official. This does not necessarily have to be a violation of an ordinary criminal statute. Historically, in the US, it has encompassed corruption and other abuses, including trying to obstruct judicial proceedings.
The process:
- It begins with an investigation by a House committee. If they find that there is enough evidence of wrongdoing, it will refer the matter to the full House.
- HOUSE VOTE: When the full House votes, if one or more of the articles of impeachment gets a majority vote, the President is impeached. Next, the proceedings move to the Senate.
- SENATE TRIAL & VOTE:The Senate holds a trial, overseen by the chief justice of the Supreme Court. A team of lawmakers from the House, known as managers, play the role of prosecutors. The President has defence lawyers, and the Senate serves as the jury. If at least two-thirds of the Senators present find the President guilty, he is removed and the Vice President takes over as President.
Sources: the Hindu.
