Examine the Indian Constitution’s provisions on the removal of judges and the impeachment of the president. Talk about the procedures required and the Parliament’s function in using these powers. Compare it to other democratic systems’ systems for holding the executive and judicial branches of government responsible.
Jai AgarwalLearner
The Indian Constitution has provisions for the impeachment of the President and the removal of judges, which serve as important mechanisms for holding the head of state and the judiciary accountable. Let’s examine these processes in detail and compare them with the accountability mechanisms in other democratic systems.
Impeachment of the President in India:
The process of impeaching the President of India is outlined in Article 61 of the Constitution.
The President can be impeached for “violation of the Constitution” by a resolution passed by either house of Parliament with a two-thirds majority.
The resolution must then be investigated by a committee appointed by the President of the Lok Sabha (lower house of Parliament).
If the committee finds the charges to be true, the resolution is presented to the Lok Sabha, which must again pass it with a two-thirds majority.
The resolution is then sent to the Rajya Sabha (upper house), which must also pass it with a two-thirds majority for the impeachment to be successful.
Removal of Judges in India:
The process for the removal of Supreme Court and High Court judges is outlined in Article 124 and Article 218 of the Constitution, respectively.
Judges can be removed for “proved misbehavior or incapacity” through an impeachment process initiated in Parliament.
The process involves the introduction of a motion for the judge’s removal in either house of Parliament, which must be supported by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha.
If the motion is admitted, a judicial committee is appointed to investigate the charges, and the judge is given an opportunity to defend themselves.
If the committee finds the charges to be true, the motion for removal must be passed by a two-thirds majority in both houses of Parliament.
Comparison with Other Democratic Systems:
United States:
The U.S. Constitution provides for the impeachment of the President, Vice President, and other civil officers, including federal judges.
The impeachment process is initiated in the House of Representatives and requires a simple majority vote. The trial is then conducted in the Senate, with a two-thirds majority required for conviction.
United Kingdom:
The UK does not have a formal impeachment process for the head of state (the monarch) or the judiciary.
The parliamentary mechanisms for holding the government accountable include motions of no-confidence, amendments to legislation, and the power of the courts to review the legality of government actions.
Germany:
The German Basic Law (constitution) allows for the impeachment of the Federal President for willful violation of the Basic Law or any other federal law.
The impeachment process is initiated in the Bundestag (lower house of parliament) and requires a two-thirds majority for a trial in the Bundesrat (upper house).
Comparison and Takeaways:
The Indian Constitution’s provisions for the impeachment of the President and the removal of judges are relatively more stringent, requiring a higher threshold of support in Parliament compared to the U.S. system.
The role of the judiciary in the impeachment process, through the appointment of an independent committee to investigate the charges, adds an additional layer of scrutiny and helps ensure due process.
The absence of a formal impeachment process in the UK highlights the country’s reliance on other parliamentary and judicial mechanisms to hold the head of state and the judiciary accountable.
The German system, with its two-thirds majority requirement in both houses of parliament, is similar to the Indian model in terms of the high threshold for impeachment.
Overall, the Indian Constitution’s provisions for holding the head of state and the judiciary accountable through impeachment reflect a balance between ensuring stability and maintaining checks and balances within the democratic framework.
In the Indian Constitution, provisions for the impeachment of the President and the removal of judges are outlined to ensure accountability and uphold the principles of democracy.
Impeachment of the President:
1. The President can be impeached on grounds of violation of the Constitution by a charge of impeachment for treason, bribery, or other high crimes and misdemeanors.
2. The process starts with a formal charge in either House of Parliament, which needs to be signed by at least 1/4th of the total members of that house.
3. After the charge is admitted, a resolution is passed by a 2/3rd majority in the House where the charge was initiated, followed by the other House.
4. The President can only be removed if the impeachment resolution is passed in both Houses through a majority of 2/3rd of the total membership and with the support of at least half of the total state assemblies.
Removal of Judges:
1. Judges of the Supreme Court and High Courts can be removed on grounds of proven misbehavior or incapacity.
2. A motion for removal needs to be presented in either House of Parliament, signed by at least 100 Lok Sabha members or 50 Rajya Sabha members.
3. An investigation committee is then formed to inquire into the charges.
4. If the committee finds the judge guilty, the motion for removal needs to be passed by a majority of 2/3rd members present and voting in each House.
Role of Parliament:
1. Parliament plays a crucial role in initiating and carrying out the impeachment and removal processes through a well-defined procedure.
2. The process ensures the independence of the judiciary while also holding judges and the President accountable for their actions.
Comparative Analysis:
In other democratic systems, the mechanisms for holding the head of state and the judiciary accountable vary. For instance, in the United States, the President can be impeached by the House of Representatives and removed by the Senate with a 2/3rd majority. Judges can be removed through impeachment by the House and conviction by the Senate.
In the United Kingdom, the head of state, the monarch, holds a ceremonial role and is not subject to impeachment. Judges can be removed through a motion of both Houses of Parliament.
Overall, the Indian Constitution provides a detailed process for impeachment and removal, reflecting a balance between accountability and the independence of the President and judges, and differs from mechanisms in other democratic systems based on their unique constitutional frameworks and historical contexts.