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Procedure for the Election of the President of India

October 21, 2020

Explain the procedure to adopt for the election of the President of India.

 

Manner of Election of President of India (Articles 54 & 55).-According to Article 54 the President of India shall be
elected by the members of an electoral college consisting of :

 

(a) the elected members of both Houses of Parliament; and

(b) the elected members of the Legislative Assemblies of the States.

 

For this purpose “State” shall include National Capital Territory of Delhi and Union Territory of Pondicherry. As a result, elected members of the Legislative Assemblies of the National Capital Territory of Delhi and Union Territory of Pondicherry will also participate in the election of the president.

 

Election of the President of India

 

The President of India is, thus, elected by method of indirect election. He is not elected directly by the people. He is elected by electoral college in accordance with the system of proportional representation by means of a single transferable vote and the voting as such election shall be-by secret ballot.

 

The Electoral College shall consist of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the State. It is to be noted that the members of the Upper House in the States are not eligible to vote. Besides, elected members of both Houses of Parliament and of the Legislative Assemblies of the States are eligible to vote and nominated members are not eligible to vote at the election of the President.

 

Abolition and Retention of Capital Punishment in India – मृत्यु दण्ड को ख़तम करने और बनाये रखने के सिद्धांत

 

The person who is elected members of either House of Parliament or of the Legislative Assemblies of any State on the date of election of the President will be eligible to be a member of the Electoral College and entitle to cast vote at the election of the President and therefore, if an elected member of a Legislative Assembly of a Stale ceases at the date of election of the President to be an elected member due to dissolution of the Legislative Assembly, he will not be eligible to be a member of the Electoral College and cannot cast vote at the election of the President.

 

The Supreme Court has made it clear that the election of the President can be held even when due to the dissolution of a State Legislative Assembly under Article 356, its members are not eligible to cast vote at the election of the President. According to Article 71(4) he election of a person as President or Vice-President shall not be called question on the ground of the existence of any vacancy for whatever reason among the members of the Electoral College electing him.

 

Describe the election, qualifications, term of office and removal of the President and Vice President.




Article 55 makes provisions in relation to the manner of election of the President. Election of the President is required to be held in accordance with the system of proportional representation by means of the single transferable vote. The voting at the election of the President is required to be by secret ballot. It has been made clear that as far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.

 

Election of the President of India

 

According to Article 55(3) the election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.
Explanation to Article 55 provides that in this Article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published.



सुप्रीम कोर्ट का ऐतिहासिक फैसला – बहू को सास-ससुर के घर में रहने का अधिकार

 

Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 1971 census.

LL.B Legal History Notes in Hindi – सुप्रीम कोर्ट तथा ईस्ट इंडिया कंपनी के बीच उत्पन्न मतभेदों का पटना वाद में वर्णन कीजिए।

 

The votes which an elected member of State Legislative Assembly are entitled to cast at the election are obtained by the following formulae :




Population of the State = Total number of elected members of the State Legislative Assembly x 1/1000

 

Suppose the population of a State is 20,000,000 and the number of elected members of the Legislative Assembly of that State is 200, the votes which an elected member of the Legislative Assembly is entitled to cast at election of the President will be as follows:

 

20,000,000/200  x  1/1000

20,000,000 x  1/ 200 x 1000 = 100

 

Thus, each member of the above State Legislative Assembly will be entitled to cast 100 votes at the election of the President. In counting the votes which an elected member of a State Legislative Assembly is entitled to caste at the election of the President, fraction one-half (ie, 1/2) will be counted as one and less than one-half will be ignored. For example, if the number of votes which an elected member of a State Legislative Assembly is entitled to cast obtained by the above formula is 100.499, the fraction .499 will be ignored and he will be entitled to cast 100 votes but if the number of votes which an elected member of a State Legislative Assembly obatined by the above formula is 100.500, the fraction ,500 will be counted as one and he will be entitled to cast 101 votes at the election ‘of the President.




An elected member of either House of Parliament is entitled to cast such number of votes as may be obtained by the following formula :

Total number of votes assigned to the members

 

of the Legislative Assemblies of the States/Total number of elected member of both Houses of Parliament

For example, suppose total votes assigned to the member of the Legislative Assemblies of the state are 100000 and the number of elected members of both Houses of Parliament is 700. Each elected member of either House of Parliament will be entitled to caste the following number of votes :

 

60000/700 = 85.71

 

Since fractions exceeding one-half being counted as one, each elected member or either House of Parliament will be entitled to cast 86 votes at the election of the President. It is to be noted that in counting votes which an elected member of either House of Parliament is entitled to cast vote, fraction one-half or less than one-half is ignored and
fraction exceeding one-half is counted as one, while in counting votes which an elected member of a State Legislative Assemblies is entitled to cast, fraction one half or fraction exceeding one-half is counted as one and fraction less than one-half is disregarded.



Mode of voting may be explained as follows :

 

A candidate will be elected as President as if he secures a minimum quota obtained by the following formula :

 

Total valid votes cast at the election of the President/Number of candidates to be elected as the President +1 Önly one candidate is to be elected as President.

 

Election of the President of India

 

Suppose the total valid votes cast at the election of the President is 80.000, A candidate to be elected as the President to secure at least the following number of votes.

80,000 +1/  1+1(=2)= 40001



Suppose there are three candidates-A, B, and C: They secure the votes as follows :

A-35,000
B-25,000
C-20,000

 

No candidate has secured the minimum quota of 40001 votes. C, who has secured least number of votes will be eliminated and his votes will be distributed among A and B in accordance with the second preference indicated on the ballet paper recorded in his favour.

 

Suppose the second preference votes indicated on the ballot papers recorded ‘in favour of C as follows :

A-4000
B-16000

 

These votes will be added to the first preference votes of A and B and thereafter it will be as follows :



A–35000 + 4000 = 39,000
B-25000 +16000 = 41,000

 

B will be declared elected as he has secured the minimum quota of 40,001 votes, although he has secured fewer first preference votes than A.

 

Eligibility for re-election (Article 57) : A person who holds or who has held office of President shall, subject to the other provisions of this Constitution be eligible for re-election to that office.




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