Prateeksha Thakur
If you follow the news, you’ve likely heard the term “impeachment” recently—whether it’s about South Korea’s President Yoon Suk Yeol being removed in December 2024 or calls for action against Justice Yashwant Varma in the fire incident case. Impeachment is a serious legal process, and it’s not the same as accusing an ordinary person of wrongdoing. It’s a legal tool used in democracies to remove high-ranking officials from office when they break the rules, like violating the constitution or misusing their authority.
In this article, we will explain what impeachment is, how it works in India, and who it can affect. We will look at the process for the President and judges, explain why the Prime Minister is not included, and touch on the history of impeachment in India, all in simple terms.
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What Is Impeachment?
Impeachment is a procedure used to hold leaders accountable and to remove individuals occupying constitutional positions, such as the President or a judge when they do something gravely wrong. This can mean breaking the constitution or acting in a way that damages their office. It’s different from a no-confidence vote, which can remove a government in some systems. Impeachment focuses on one person and their specific actions.
For example, in South Korea, President Yoon Suk Yeol was impeached in December 2024 after declaring martial law without legal grounds. The lawmakers voted him out, and the courts agreed, showing how impeachment can step in during a crisis. In India, though, the process has its own rules and hasn’t been used yet. Let’s see how it applies.
Who Can Be Impeached in India?
1. The President of India
The President, India’s head of state, is the main person who can be impeached under Article 61 of the Constitution. They can be removed for “violating the Constitution,” although the Constitution doesn’t specify exactly what that means. It’s up to the houses of parliament to decide if the President’s actions cross the line.
The process starts in either the Lok Sabha or Rajya Sabha. At least one-fourth of the house’s members must sign a resolution and give 14 days’ notice. The house then votes, requiring a two-thirds majority of all members (not just those present). The other house investigates, giving the President a chance to explain. If it also passes the resolution with a two-thirds majority, the President is removed.
No President has been impeached in India since the Constitution came into effect in 1950. As the President’s role is mostly ceremonial, guided by the Prime Minister and ministers, big violations are rare.
2. Supreme Court and High Court Judges
For Supreme Court and High Court judges, the process isn’t officially called impeachment in the Constitution—it’s a removal process under Articles 124(4) and 218. However, people often refer to it as impeachment. Judges can be removed for “proven misbehavior or incapacity,” such as corruption or failing to do their job.
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It begins with a motion signed by 100 Lok Sabha members or 50 Rajya Sabha members. A three-person committee—a Supreme Court judge, a High Court Chief Justice, and a legal expert—examines the charges. If the committee finds proof, both houses vote. They need a two-thirds majority of members present and voting, plus a majority of total members. If it passes, the President orders the judge’s removal.
In 1993, Justice V. Ramaswami faced charges of corruption, but the Lok Sabha vote fell short. In 2011, Justice Soumitra Sen was accused of financial misconduct. The Rajya Sabha approved his removal, but he resigned before the Lok Sabha voted. No judge has been fully removed this way, showing how difficult it is to complete the process.
3. The Prime Minister
The Prime Minister cannot be impeached. In India’s parliamentary system, the Prime Minister remains in office as long as they have the Lok Sabha’s support. If they lose it, a no-confidence vote removes them, which is a political process, not a legal one like impeachment.
The Constitution separates the President (head of state) from the Prime Minister (head of government). The President faces impeachment for constitutional violations, while the Prime Minister’s fate depends on Parliament’s confidence. Mistakes or scandals are handled politically, not through impeachment.
In 1977, after the Emergency, Indira Gandhi’s government fell to a no-confidence vote, not impeachment.
4. Other Officials
Governors and cabinet ministers are not subject to impeachment. Governors can be removed by the President directly, and ministers serve under the Prime Minister. Impeachment is reserved for the President and judges—other officials have separate rules.
When Did Impeachment Start in India?
The rules for impeaching the President came with the Constitution in 1950, under Article 61. For judges, Articles 124 and 218 set the stage, and the Judges (Inquiry) Act, 1968 filled in the details. The word “impeachment” was officially noted in the Constitution (Twenty-sixth Amendment) Act of 1971, but it didn’t change how the process works and these rules have stayed the same since then.
Impeachment is about trust and responsibility. For the President, it’s a check on constitutional duty. For judges, it ensures justice stays fair. Even though it hasn’t been used, it’s a reminder that no one is above the law.
NI Bureau
