In India, when a President is to be impeached for violation of the Constitution, the charge is preferred by _________

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RRB NTPC CBT 2 (Level-2) Official Paper (Held On: 13 June 2022 Shift 1)
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  1. Union Council of Ministers
  2. only Lok Sabha
  3. either House of Parliament
  4. only Rajya Sabha

Answer (Detailed Solution Below)

Option 3 : either House of Parliament
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Detailed Solution

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The correct answer is either House of Parliament.

Key Points

  • Procedure for impeachment of the President
    • When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.
    • The impeachment charges are signed by one-fourth of the members of the Lok Sabha.
    • A 14-day notice is given to the President of India.
    • Then, Lok Sabha passes the impeachment charges with the two-thirds majority and sends it to Rajya Sabha.
    • Then, Rajya Sabha investigates the charges.
    • While Rajya Sabha is investigating the charges, the President has the right to sit in the proceedings.
    • Rajya Sabha agrees to the charges and passes it with a two-thirds majority and the President is removed.

Additional Information

  • Union Council of Ministers
    • Article 75 deals with the appointment of the Council of Ministers by the President of India.
    • Council of ministers aid and advise the President in the exercise of his/her functions.
    • It represents the highest executive body in the Indian polity.
    • It is also called the Cabinet, where most executive decisions are made.
  • Lok Sabha
    • Lok Sabha is the lower house of India's bicameral Parliament.
    • The Hindi name of Lok Sabha was adopted by the house of the people on 14th May 1954.
    • The full term of a Lok Sabha is 5 years.
    • Fifth Lok Sabha from 1971 to 1977(5 years 10 months and 6 days) is the longest Lok Sabha in India.
    • Twelfth Lok Sabha from 1998 to 1999(1 year 1 month and 4 days) is the shortest Lok Sabha in India.
    • Lok Sabha is constituted under article 81 of the constitution.
    • G. V Mavlankar is the father of Lok Sabha.
    • The maximum strength of the Lok Sabha is fixed at 550.
    • Money bill can introduce only in Lok Sabha and not in Rajya Sabha.
    • Uttar Pradesh has the maximum membership in Lok Sabha.
  • Rajya Sabha
    • The Rajya Sabha is the upper house of the bicameral Parliament of India.
    • Rajya Sabha is known as the house of elders.
    • Rajya Sabha is constituted under Article 80 of the Indian constitution.
    • Rajya Sabha is a permanent body and not subject to dissolution.
    • NOTE - The maximum strength of the Rajyasabha is fixed at 250.
    • Rajya Sabha currently has a maximum membership of 245.
    • Among its 245 members 233 are elected by the legislatures of the states and union territories using single transferable votes.
    • 12 members are appointed by the President of India.
    • One-third of the members of the Rajya Sabha retire every two years.
    • Rajya Sabha represents the federal character of the constitution.
    • The Vice President of India is the ex-officio Chairman of the Rajya Sabha.

 

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