Types of Mahabhiyog (Impeachment/Removal) in Indian Constitution

Types of Mahabhiyog (Impeachment/Removal) in Indian Constitution

“Mahabhiyog” refers to the process of removal of high constitutional authorities for violation of provisions, incapacity, misbehavior, or misconduct. The Constitution of India provides for such processes with varying terminology and procedures depending on the office.

1. Impeachment of the President (Article 61)

• Grounds: Violation of the Constitution

• Procedure:

  • Can be initiated in either House of Parliament.

  • Requires 14 days’ notice signed by 1/4th of total members.

  • Passed by 2/3rd majority of total membership of both Houses separately.

• Term Used: Impeachment

• Complexity: Only officially called ‘Impeachment’ under the Constitution.

 2. Removal of Vice-President (Article 67(b))

• Grounds: No specific ground mentioned.

• Procedure:

  • Rajya Sabha initiates with a resolution by effective majority.

  • Lok Sabha agrees with a simple majority.

  • 14 days’ prior notice required.

• Term Used: Removal, not impeachment.

 3. Removal of Judges of Supreme Court and High Courts (Article 124(4), 217(1)(b))

• Grounds: Proven misbehavior or incapacity

• Procedure (Regulated by the Judges Inquiry Act, 1968):

  • Motion signed by 100 LS or 50 RS MPs.

  • Inquiry Committee of a SC judge, Chief Justice of HC, and a jurist.

  • Both Houses must pass the motion by special majority (majority of total membership + 2/3rd of present and voting).

  • Addressed to President for removal.

• Term Used: Removal (Not impeachment).

• Example: Justice V. Ramaswami (first case initiated, not removed).

4. Removal of CAG (Article 148(1) read with Article 124(4))

• Grounds: Same as SC Judges – Proven misbehavior or incapacity

• Procedure:

  • Identical to SC judge removal.

• Term Used: Removal

5. Removal of Chief Election Commissioner & Election Commissioners (Article 324(5))

• Grounds:

  • CEC: Same as SC Judge

  • ECs: President can remove on CEC’s recommendation

• Procedure:

  • CEC: Same as SC Judge (special majority).

  • ECs: Not clearly defined; recommendation of CEC required.

• Term Used: Removal

6. Removal of Chairman & Members of UPSC (Article 317)

• Grounds:

  • Misbehavior, insolvency, paid employment outside office, infirmity of mind/body

• Procedure:

  • President refers matter to SC for inquiry.

  • If SC recommends removal, President can remove.

• Term Used: Removal

7. Removal of State Governor (Article 156)

• Grounds: No grounds or procedure specified.

• Procedure:

  • Holds office during the pleasure of President (i.e., can be removed anytime).

• Term Used: Not considered impeachment or formal removal.

8. Removal of Attorney General & Advocate General

• Grounds: No specific grounds; holds office during President’s (or Governor’s) pleasure

• Term Used: Not considered impeachment

Key Differences at a Glance