(3) The Prime Minister or not less than one-quarter of
the total number of the elected Members of Parliament referred to
in Article 39 (1) (a) may give notice of a motion alleging
that the President is permanently incapable of discharging the
functions of his office by reason of mental or physical infirmity
or that the President has been guilty of —
(a) intentional violation of the Constitution;
(b) treason;
(c) misconduct or corruption involving the abuse of the powers
of his office; or
(d) any offence involving fraud, dishonesty or moral
turpitude,
and setting out full particulars of the allegations made and
seeking an inquiry and report thereon.
(4) Where the motion referred to in clause (3) has been adopted
by not less than half of the total number of the elected Members of
Parliament referred to in Article 39 (1) (a), the Chief
Justice shall appoint a tribunal to inquire into the allegations
made against the President.
(5) A tribunal appointed by the Chief Justice shall consist of
not less than 5 Judges of the Supreme Court of whom the Chief
Justice shall be one, unless he otherwise decides and such tribunal
may regulate its own procedure and make rules for that purpose.
(6) A tribunal shall, after due inquiry at which the President
shall have the right to appear and to be heard in person or by
counsel, make a report of its determination to the Speaker together
with the reasons therefor.
(7) Where the tribunal reports to the Speaker that in its
opinion the President is permanently incapable of discharging the
functions of his office by reason of mental or physical infirmity
or that the President has been guilty of any of the other
allegations contained in such resolution, Parliament may by a
resolution passed by not less than three-quarters of the total
number of the elected Members of Parliament referred to in Article
39 (1) (a) remove the President from office.
