Context:
US House of Representatives on Wednesday has formally authorised the ongoing impeachment inquiry against President Joe Biden.
Comparison between Impeachment process in India and United States:
| Specification | USA | India |
| Applicability | President, Vice President, and all civil officers of the Federal Government are subject to impeachment. | Only President (under Article 61 of constitution). |
| Grounds of Impeachment | Treason, Bribery, or other high crimes and misdemeanors. | Violation of the Constitution |
| Charges preferred by | Any member of the House of Representatives. | Either House of Parliament provided such charges are signed by at least 1/4th of members of the House. |
| Voting | Simple majority of the House of Representatives. | Resolution needs to be passed by not less than 2/3rd of total membership of each House. Once passed in one House, it is sent to other House, where an investigation into the charges precedes vote on resolution. |
| Presiding Officer for trials | Chief Justice of US. | Presiding Officer of respective Houses. |
| Consequence | Impeachment serves as an indictment, not removal. After impeachment, Senate (upper house) is convened like a court. President can only be removed if at least 2/3rd of Senate votes for it after the hearings. | Impeachment results in the removal of the President from office. |
| Previous Examples | Andrew Johnson, Bill Clinton, and Donald Trump were impeached but none were removed. | No President has been impeached so far. |
Source: The Wire
Previous Year Question
Consider the following statements:
1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act 1968.
2. The Constitution of India defines and gives details or what constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India.
3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in 4 the Judges (Inquiry) Act, 1968.
4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.
Which of the statements given above is/are correct?
[UPSC Civil Services Exam – 2019 Prelims]
(a) 1 and 2
(b) 3 only
(c) 3 and 4 only
(d) 1, 3 and 4
Answer: (c)
Explanation:
The Speaker/Chairman may admit the motion or refuse to admit it. The Constitution of India does not define or provide any details of what constitutes ‘incapacity and proved misbehaviour’.
