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Impeachment is a legal process of levying charges against public officials. Impeachment does not in itself remove the official definitively from office; it is similar to an accusation in criminal law, and thus it is essentially the statement of charges against the official.Whereas in some countries the individual is immediately removed, in others they can remain in office during the trial.
Because impeachment and conviction of officials involve an overturning of the normal constitutional procedures by which individuals achieve high office it requires high majority of votes in the respective parliament for a person to be impeached.
In the United States, for example, impeachment at the federal level is limited to those who may have committed "Treason, Bribery, or other higher crimes.
Impeachment exists under constitutional law in many countries around the world, including India, Brazil, France, Ireland, the Philippines, Russia, South Korea, and the United States.
The process was first used by the English "Good Parliament" against Baron latimer in the second half of the 14th century. Following the British example, the constitutions of Virginia (1776), Massachusetts (1780) and other states thereafter adopted the impeachment mechanism, but they restricted the punishment to removal of the official from office.
IMPEACHMENT PROVISONS IN DIFFERENT COUNTRIES
INDIA
The President and judges, including the chief justice of the Supreme court and high courts, can be impeached by the Parliament before the expiry of the term for violation of the Constitution. Other than impeachment, no other penalty can be given to a president in position for the violation of the Constitution under Article 361 of the constitution. However a president after his/her term/removal can be punished for his already proven unlawful activity under disrespecting the constitution, etc.No president has faced impeachment proceedings. Hence, the provisions for impeachment have never been tested. The sitting president cannot be charged and needs to step down in order for that to happen.
UNITED STATES
Article one of the United States federal Constitution grants the rights to the general assembly and the Senate to try to impeach various officers in the United States federal government.
In the United States, impeachment is only the first of two stages, and conviction during the second stage requires "the acceptance of two thirds of the members present". Impeachment doesn't mean removal of the member but mostly convicts him or her to a criminal charges he or she has committed.
Trump being Impeached
Source:pixabay.com
An official who is impeached faces a second legislative vote ( by the same body or another), which determines conviction, or failure to conviction , on the charges alleged by the impeachment.
Most constitutions requires two-third of the majority of the members which is nearly impossible of the party whose president is elected has the majority in the senate to convict. Even if the subject of the charge is criminal action, it does not constitute a criminal trial, the only question under consideration is the removal of the individual from office.
Three United States presidents have been impeached by the House of Representatives till date Andrew Johnson in 1868, Bill clinton in 1998, and Donald trump in 2019.
All three were acquitted and not removed from office by the Senate.
Additionally, the House has impeached 15 judges, one Cabinet secretary, and one senator. Eight officials have been convicted and removed from office, all of them were judges.
PAKISTAN
The country's ruling coalition said on 7 August 2008, that it would seek the impeachment of President Parvez Musharaf, alleging the U.S. backed former general had ' defied the trust of the nation' and increasing pressure on him to resign. He resigned on 18 August 2008. Another kind of impeachment in Pakistan is known as the vote of less-confidence or vote and has been practiced by provincial assemblies to weaken the national assembly.Impeaching a president requires a two-thirds majority support of lawmakers in a joint session of both houses of Parliament.
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