Election of the President in India
🏛️ Election of the President of India
🔹 1. Introduction
The President of India is the head of the State and the first citizen of the country. Though the office is largely ceremonial, the President plays a crucial constitutional role, especially in times of crisis or instability.
The election process of the President is provided under Article 54 to Article 58 of the Indian Constitution and detailed in the Presidential and Vice-Presidential Elections Act, 1952.
🔹 2. Constitutional Provisions
| Article | Subject Matter |
|---|---|
| 52 | There shall be a President of India |
| 53 | Executive power of the Union vested in President |
| 54 | Election of President |
| 55 | Manner of election |
| 56 | Term of office (5 years) |
| 57 | Eligibility for re-election |
| 58 | Qualifications for election |
🔹 3. Qualifications for Election (Article 58)
A person is eligible to be elected as President if they:
Are a citizen of India
Have completed 35 years of age
Are qualified to be elected as a member of the Lok Sabha
Are not holding any office of profit under the Government of India or any State government (exceptions: President, Vice-President, Governor, Ministers)
🔹 4. Electoral College (Article 54)
The President is not directly elected by the people. Instead, the election is through an Electoral College, consisting of:
✅ Elected members of:
Lok Sabha and Rajya Sabha (Members of Parliament)
Legislative Assemblies of States and Union Territories (Delhi, Puducherry, Jammu & Kashmir)
🚫 Not included:
Nominated MPs (Rajya Sabha & Lok Sabha)
Members of Legislative Councils (MLCs)
Nominated MLAs
🔹 5. Manner of Election (Article 55)
The President is elected by an indirect election through proportional representation by means of single transferable vote (STV) system and secret ballot.
🧮 Formula for Vote Value:
1. Value of MLA's vote:
Value of MLA’s vote=Population of the State (as per 1971 Census)Total Elected MLAs of the State×11000\text{Value of MLA’s vote} = \frac{\text{Population of the State (as per 1971 Census)}}{\text{Total Elected MLAs of the State}} \times \frac{1}{1000}Value of MLA’s vote=Total Elected MLAs of the StatePopulation of the State (as per 1971 Census)×10001
(Population base year is 1971, frozen until 2026)
2. Value of MP's vote:
Value of MP’s vote=Total value of votes of all MLAsTotal number of elected MPs\text{Value of MP’s vote} = \frac{\text{Total value of votes of all MLAs}}{\text{Total number of elected MPs}}Value of MP’s vote=Total number of elected MPsTotal value of votes of all MLAs
This ensures parity between states and union in the election.
🔹 6. Voting Process
Voting is done using a secret ballot.
Electors rank candidates in order of preference.
To win, a candidate must obtain more than 50% of the total valid votes (quota).
If no candidate achieves the quota in the first round, elimination and transfer of votes occurs, as per STV system.
🔹 7. Term and Re-Election
The President’s term is 5 years.
There is no limit on the number of times a person can be re-elected.
🔹 8. Vacancy and Re-Election
In case of:
Death, resignation, or removal (via impeachment) → re-election must be held within 6 months.
Vice-President acts as President in the interim.
🔹 9. Disputes and Judicial Review
All election disputes are heard exclusively by the Supreme Court (Article 71).
The SC’s decision is final in matters of Presidential election disputes.
🔹 10. Important Case Law
🏛️ Indira Nehru Gandhi v. Raj Narain (1975)
Though primarily about elections to Lok Sabha, the Supreme Court held that free and fair elections are a basic structure of the Constitution, which applies to Presidential elections as well.
🏛️ Charan Lal Sahu v. Union of India (1990)
The Court held that the President represents the sovereignty of the people and must be elected through a process that upholds constitutional morality.
🏛️ S.R. Chaudhuri v. State of Punjab (2001)
Discussed the spirit of constitutional posts, reinforcing that the election of the President must reflect the will of the Electoral College, not manipulated by politics.
🔹 11. Recent Developments
The value of each MP’s vote was revised after the reorganization of Jammu & Kashmir and the addition of new UTs.
After the 2022 Presidential election, the value of MP’s vote was reduced due to changes in the number of MLAs.
🔹 12. Summary Table
| Aspect | Description |
|---|---|
| Election Method | Indirect, by Electoral College |
| Voting System | Proportional Representation with STV |
| Secret Ballot | Yes |
| Who Elects the President | Elected MPs and MLAs (no nominated members) |
| Term | 5 years |
| Eligibility | Indian citizen, 35+, qualified for Lok Sabha |
| Can be re-elected? | Yes, no limit |
| Dispute Authority | Supreme Court under Article 71 |
🔹 13. Conclusion
The election of the President of India reflects the federal and parliamentary nature of the Indian Constitution. Though the office is largely symbolic, the method of election ensures representation from both Parliament and State Legislatures, balancing Union and State interests.
RELATED Blog
0 comments