Sunday, March 9, 2008

Article 24 - Impeachment

Section 1: When a executive head or any other officer of the state is to be impeached for violation of the constitution or law, the charge shall be preferred by lower house of legislature. But no such charge shall be preferred unless the proposal to prefer such charge is contained in a resolution which has been moved at least fourteen days notice in writing singed by not less than one-fourth of the total member or members of the house has been given of their intention to move the resolution and such resolution has been passed by special majority of that house.
Section 2: When a charge has been so preferred by lower house of legislature, the upper house may suspend such accuse by two third majority for next one month till impeachment is under process and shall investigate the charge or cause the charge to be investigated and the executive head or officer as the case may be have the right to appear and to be represented at such investigation.
Section 3: When the Upper house is dealing with impeachment of any executive head of the same government then it shall be presided by the Chief justice of that government and all the member of Upper house shall be on oath, or affirmation impartially to try the party impeached. A person against whom impeachment proceeding is taking place shall have right to be present in the proceeding and defend himself either personally or by some other person.
Section 4: If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the upper house, which investigated the charge or caused to be investigated, declaring that the charge preferred against the executive head or officer has been sustained, such resolution shall have the effect of removing the officer form his office from the date on which the resolution is so passed and suspending the Executive head form his office as from the date on which the resolution is so passed so that fate of the executive head can be decided either through referendum or by constitutional bench in next one month.
Section 5: Judgment in cases of impeachment shall extend only to removal from office, and disqualification from holding any office of honour, trust or profit under this State. A party convicted on impeachment shall also be subject to indictment, trial and punishment according to law.
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