ARTICLE 61, 62 OF CONSTITUTION OF INDIA 1949

What is the Procedure for impeachment of the President? What is Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy? Article 61 and 62 of Constitution of India, 1949

Procedure for impeachment of the President and Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy are defined under Article 61 and 62 of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 61 of Constitution of India "Procedure for impeachment of the President"

(1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.

(2) No such charge shall be preferred unless-

(a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days' notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and

(b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.

(3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented as such investigation.

(4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or cause to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.

Article 62 of Constitution of India "Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy"

(1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term.

(2) An election to fill a vacancy in the office of President occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of Article 56, be entitled to hold office for the full term of five years from the date on which he enters upon his office.

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