on whether or not the President is, by reason of any infirmity of body or
mind, incapable of discharging the functions of his office.
(2) If the board reports that the President is incapable of discharging the
functions of his office, the Chief Justice shall certify in writing
accordingly and shall table such certificate, with the report of the board
before the National Assembly who shall on a motion, passed by a two
thirds majority(a)
ratify the decision of the board, and thereupon the President shall
cease to hold office; or
(b)
reject the decision of the board and cause a further inquiry into
whether or not the President is incapable of discharging the
functions of his office and shall thereafter decide on such
question by a two-thirds majority vote, which decision shall be
final.
(3) Where the Cabinet resolves that the question of the physical and
mental capacity of the President to discharge the functions of his office
should be investigated, the President shall, until another person assumes
the office of President or the board appointed under clause (1) reports
that the President is not incapable of discharging the functions of his
office, whichever is the earlier, cease to perform the functions of his
office and those functions shall be performed by(a)
the Vice-President; or
(b)
in the absence of the Vice-President or if the Vice-President is
unable, by reason of physical or mental infirmity, to discharge
the functions of his office, by such member of the Cabinet as the
Cabinet shall elect:
Provided that any person performing the functions of the office of
President under this clause shall not dissolve the National Assembly
nor, except on the advice of the Cabinet, revoke any appointment made
by the President.
(4) A motion for the purposes of clause (1) may be proposed at any
meeting of the Cabinet.
37. (1) If notice in writing is given to the Speaker of the National
Assembly signed by not less than one-third of all the members of the
National Assembly of a motion alleging that the President has
committed any violation of the Constitution or any gross misconduct
and specifying the particulars of the allegations and proposing that a
tribunal be established under this Article to investigate those allegations,
Impeachment of
President for
violation of
Constitution