Dr. Ambedkar on Presidential and Judicial Impeachment

According to Dr. B.R. Ambedkar ". . . it is only the people who are saturated with Constitutional Morality such as the one described by Grote the historian, that one can take the risk of omitting from the constitution, details of administration." Since in India Democracy "is only a top dressing on an Indian soil which is essentially undemocratic" and the level of Constitutional morality is very low hence, the framers of the Constitution had to provide for the impeachment of the President and the judges of Supreme Court and High Court in articles 61, 124(4) and (5) of the Constitution respectively. Though while speaking in the Constituent Assembly, regarding the impeachment of the judges, Sir N. Gopalswami Ayyangar said. ". . . it is my expectation that we shall probably never have an occasion for using this procedure for dealing with any individual judge of the Supreme Court", yet Justice V. Ramaswami – a judge of the Supreme Court proved him to be wrong, because he is the first judge of the Supreme Court, who has the dubious distinction against whom impeachment proceedings were started. Though the motion of impeachment was defeated because of allegedly certain extraneous, parochial, regional and Partisan considerations, yet these proceedings provided an excellent opportunity for the political analyses of the provisions dealing with the presidential and judicial impeachment and in the process it was found that these provisions are not as effective as the framers of the Constitution expected them to be because they suffer from some serious structural deficiences. In this book I have not only critically discussed the contents of these articles and procedure of impeachment in detail and pointed out those deficiences but also have suggested some remedial measures to make the impeachment process more effective.