GS Paper 2
Syllabus: Indian Polity
Source: TH
Context: On March 31, Donald Trump was indicted by a Manhattan grand jury on charges related to payments made during the 2016 presidential campaign to silence claims of an extramarital affairs.
Criminal processing against Presidents in USA and India
| Dimension | USA | India |
| Immunity from Criminal Proceedings | The sitting president cannot be indicted or arrested
during the term of office, however, former presidents can be indicted and prosecuted. |
Same in India (Article 361) |
| Jail conviction of two or more years | The convicted person can run for the office of President and can even serve as the president | The convicted person cannot contest the Election for President for six years. |
Comparison table of President Impeachment in USA and India:
| Dimension | USA | India |
| Grounds for impeachment | Conviction of treason, bribery, or other high crimes or misdemeanours | Violation of the Constitution (Art 61 provides the procedure for impeachment of the president.) |
| Houses involved in the impeachment | House of Representatives and Senate | Lok Sabha and Rajya Sabha |
| Composition of Houses | Senate (two senators per state) and House of Representatives (elected on the basis of population) | Lok Sabha (elected by people) and Rajya Sabha (elected by state assemblies) |
| Initiation of impeachment charges | Any member of the House of Representatives can introduce a resolution of impeachment | Impeachment charges can be initiated by either House of Parliament |
| Signatures required for impeachment charges | Any member can introduce or the house can vote to enquire | One-fourth members of the House that framed the charges |
| The notice period given to the President | Not specified | 14 days |
| A majority required for an impeachment resolution to pass | A simple majority (51%) in the House of Representatives and two-thirds (67%) in the Senate | Two-thirds (67%) of the total membership of the House that framed the charges and two-thirds (67%) of the total membership of the other House |
| Role of Chief Justice | Presides over the trial in the Senate | No role in the impeachment process |
| Role of the President in the impeachment trial | Can appoint defence lawyers | No role in the impeachment process |
| Outcome of impeachment | Removal from office and the Vice President takes over for the remainder of the term | Removal from office from the date on which the resolution is passed |
Mains Links
How is the Indian president impeached? What is the procedure for the impeachment of a president? Compare and contrast it with the process of impeachment of the President of the United States. (250 words)
Prelims Links
Consider the following statements (UPSC 2022)
- A bill amending the Constitution requires a prior recommendation of the President of India.
- When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.
- A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.
Which of the statements given above are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer – B
Which of the following is/are the exclusive power(s) of Lok Sabha? (UPSC 2022)
- To ratify the declaration of Emergency
- To pass a motion of no-confidence against the Council of Ministers
- To impeach the President of India
Select the correct answer using the code given ‘ below:
(a) 1 and 2
(b) 2 only
(c) 1 and 3
(d) 3 only
Answer – B
