The President of India is the head of the Indian state and is also the first citizen of India. Article 52 of the Indian Constitution mentions that there shall be a President of India. The President is the symbol of solidarity, unity, and integrity of the nation. The President is an integral part of the union executive along with the Vice President, Prime Minister, the council of ministers and attorney general.
PRESIDENT ELECTION IN INDIA
Article 54 mentions that there shall be an election for the President of India.
The President of India is elected indirectly by the single-transferable voting system. The President is elected by an electoral college consisting of elected representatives of the government that form the government after being elected in the state assembly and national elections. The nominated members of both the houses and state legislatures are not allowed to vote in the presidential election. Hence the electoral college of the presidential election consists of:
- Lok Sabha and Rajya Sabha
- Legislative Assemblies of the states
- Legislative Assemblies of the Union Territories of Delhi and Puducherry (Since 1992 through 70th Constitutional Amendment Act)
The elections are conducted and overseen by the Election Commission (EC) of India.
PROCEDURE
- Before the voting, comes the nomination stage, where the candidate intending to stand in the election, files the nomination along with a signed list of 50 proposers and 50 seconders.
- These proposers and seconders can be anyone from the total members of the electoral college from the State and national level.
- The rule for securing 50 proposers and seconders was implemented when the EC noticed, in 1974, that several candidates, many without even a bleak chance of winning, would file their nominations to contest the polls.
- An elector cannot propose or second the nomination of more than one candidate.
- Each candidate has to make a security deposit of ₹15,000 in the Reserve Bank of India. The security deposit is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled.
VALUE OF EACH VOTE AND HOW IT IS CALCULATED
- A vote cast by each MP or MLA is not calculated as one vote.
- The fixed value of each vote by an MP of the Rajya Sabha and the Lok Sabha is 700.
- (Reduced from 708 to 700 in the Presidential election of 2022 and the reduction could be attributed to the fact that there is no legislative assembly of Jammu and Kashmir at present.)
- Meanwhile, the vote value of each MLA differs from State to State based on a calculation that factors in its population vis-a-vis the number of members in its legislative Assembly.
- As per the Constitutional Eighty-seveth Amendment Act 2003, currently, the population of States is taken from the figures of the 2001 Census. This will change when the figures of the Census taken after the year 2026 are published.
- The value of each MLA’s vote is determined by dividing the population of the State by the number of MLAs in its legislative Assembly, and the quotient achieved is further divided by 1000.
REQUIREMENTS TO SECURE VICTORY
- A nominated candidate does not secure victory based on a simple majority but through a system of bagging a specific quota of votes. While counting, the EC totals up all the valid votes cast by the electoral college through paper ballots and to win, the candidate must secure 50% of the total votes cast + 1.
- Unlike general elections, where electors vote for a single party’s candidate, the voters of the electoral college write the names of candidates on the ballot paper in the order of preference.
- The President’s election is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is by secret ballot.
IMPORTANT POINTS TO REMEMBER FOR PRESIDENT OF INDIA
(1) Eligibility to hold the office of President of India –
- He should be an Indian Citizen
- His age should be a minimum of 35 years
- He should qualify the conditions to be elected as a member of the Lok Sabha
- He should not hold any office of profit under the central government, state government, or any public authority
(2) Term of Office of President of India – Once elected, the president holds the office for a period of five years.
(3) Oath by – Chief Justice of India
(4) Resignation to – Vice President of India
(5) Re-election – A person is eligible for reelection to the office of President. (Article 57)
(6) Disputes Regarding the Election of President are challenged in – Supreme Court of India
(7) Immunities Enjoyed by President –
- The President of India can never be arrested or imprisoned.
- The President of India enjoys personal immunity from legal liability for his official acts.
(8) Impeachment – Can be done only on the grounds of violation of the constitution. (Article 61)
