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The Constitution of India provides for 'impeachment' only of:
Question

The Constitution of India provides for 'impeachment' only of:

A.

The President of India

B.

The Chief Justice of India

C.

Chairman, Union Public Service Commission

D.

Comptroller and Auditor General of India

Correct option is A

The correct option is (a) The President of India.

Explanation

In the Constitution of India, the word 'impeachment' is used strictly and exclusively in relation to the President of India.

  • Article 61: This article provides the specific procedure for the impeachment of the President for the "violation of the Constitution." It is a quasi-judicial procedure involving both Houses of Parliament.
  • Terminology for Others: * For the Chief Justice of India and other Judges of the Supreme Court and High Courts (Article 124(4)), the Constitution uses the word 'removal', not impeachment.
    • Similarly, for the Comptroller and Auditor General (CAG) and the Chairman of the UPSC, the Constitution provides for their 'removal' from office.
  • Colloquial Usage: Although the term "impeachment" is often used in common language or by the media to refer to the removal of judges, it is not the official constitutional term for anyone other than the President.

Key Comparison: Impeachment vs. Removal

Feature

Impeachment (President)

Removal (Judges/CAG)

Relevant Article

Article 61

Article 124(4) / 148(1)

Grounds

Violation of the Constitution

Proved misbehaviour or incapacity

Notice Requirement

Signed by 1/4th of the total members of the House.

Signed by 100 members (LS) or 50 members (RS).

Majority Required

2/3rd of the total membership of the House.

Special Majority (Majority of total membership AND 2/3rd of members present and voting).

Nominated Members

Can participate in the impeachment process.

Can participate (as they are part of the Houses).

Additional Knowledge:

  • (b) Chief Justice of India: Removed by the President on an address of Parliament (Special Majority).
  • (c) Chairman, UPSC: Removed by the President after a reference is made to the Supreme Court and the Court reports that the Chairman ought to be removed (Article 317).
  • (d) CAG: Removed in the same manner and on the same grounds as a Judge of the Supreme Court (Article 148).

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