How is the President of India Elected?

Introduction

The President of India holds the highest constitutional office in the country and is often referred to as the ceremonial head of state. However, the position also carries significant responsibilities and powers, especially in matters related to the governance and functioning of the Indian government. The President is elected indirectly, and the process of their election is structured by the Constitution of India.

This article will explore the process of the President’s election in India, the role of the Electoral College, and the overall importance of the election process.

The Constitutional Framework for Presidential Election

The process of electing the President of India is outlined in Article 54 of the Constitution of India. This process is indirect, which means that the President is not elected directly by the citizens of the country. Instead, an Electoral College comprising elected members of both Houses of Parliament (the Lok Sabha and the Rajya Sabha) and the Legislative Assemblies of States and Union Territories elects the President.

The specific procedure for the election of the President is laid out in Article 55 of the Constitution. These provisions ensure that the election is conducted in a fair, transparent, and democratic manner.

The Electoral College

The Electoral College for the election of the President is made up of:

1. Elected Members of the Lok Sabha: These are the members of the Lower House of Parliament, who are directly elected by the people during general elections.
   
   
2. Elected Members of the Rajya Sabha: These are the members of the Upper House of Parliament, who are elected by members of the State Legislative Assemblies and by members of the Lok Sabha.
   
   
3. Elected Members of State Legislative Assemblies: These include members of the legislative assemblies (Vidhan Sabhas) of all states in India.
   
   
4. Elected Members of Union Territories’ Legislative Assemblies: Members from Union Territories such as Delhi, Puducherry, and Jammu and Kashmir (before the bifurcation) are also part of the Electoral College.

The total number of votes cast in the election is determined by the value of votes of the elected representatives. The value of the votes of members of the legislative assemblies is calculated based on the population of the state, while the value of votes of the members of Parliament is the same across all states.

The Value of Votes

The value of the votes cast by the members of the Electoral College is one of the most crucial aspects of the election process. It is designed to ensure that the states with larger populations have a proportionate say in the election of the President.

1. Value of Votes for the Members of Legislative Assemblies:
   
   
   • The value of a vote for a member of the Legislative Assembly (MLA) is determined by dividing the population of the state by the total number of elected members in the legislative assembly, with a specific formula laid out in the Representation of the People Act, 1950. The result is then rounded off to the nearest whole number.
     
     
   • For example, if the population of a state is large, the value of the MLA’s vote will be higher. States like Uttar Pradesh, Maharashtra, and West Bengal, which have large populations, thus have higher vote values compared to smaller states like Goa or Sikkim.
     
     
2. Value of Votes for the Members of Parliament:
   
   
   • The value of votes for members of Parliament (MPs) is the same for all members and is calculated based on the total value of the votes of the members of the legislative assemblies of all states and Union Territories combined. The total value of the votes of all MPs is the same as the total value of the votes of all MLAs.

The formula for calculating the value of votes is as follows:Value of MLA’s vote=Total population of the stateTotal number of elected members in the state assembly\text{Value of MLA’s vote} = \frac{\text{Total population of the state}}{\text{Total number of elected members in the state assembly}}

Value of MLA’s vote=Total number of elected members in the state assemblyTotal population of the state​ Value of MP’s vote=Total value of all MLA votesTotal number of elected MPs\text{Value of MP’s vote} = \frac{\text{Total value of all MLA votes}}{\text{Total number of elected MPs}}Value of MP’s vote=Total number of elected MPsTotal value of all MLA votes​

Thus, the total value of votes cast during the election is a sum of the weighted votes of all elected members of the Parliament and state legislative assemblies.

The Election Process

The election process for the President of India is conducted in several steps:

1. Notification of the Election:
   
   
   • The election of the President is announced by the Election Commission of India, and the election process officially begins.
     
     
   • A date is set for the election, which is typically conducted within a specified time frame before the incumbent President’s term expires (the term of the President is five years).
     
     
2. Nomination of Candidates:
   
   
   • Candidates wishing to run for the office of the President must submit their nominations to the Election Commission.
     
     
   • A candidate must have the support of at least 50 proposers and 50 seconders, who are members of the Electoral College.
     
     
   • The candidate also has to deposit a specified security amount, which is refunded if the candidate secures more than one-sixth of the total votes cast in the election.
     
     
3. Scrutiny of Nominations:
   
   
   • The Election Commission reviews the nominations to ensure they meet all the requirements set out in the Constitution and other relevant laws.
     
     
   • Any candidate who fails to meet the criteria is disqualified.
     
     
4. Campaigning:
   
   
   • While the election of the President is not a direct popular election, candidates can still campaign by reaching out to the members of the Electoral College to seek their support.
     
     
   • Campaigning is generally subtle, as the election is conducted in a highly formal and regulated environment.
     
     
5. Voting Procedure:
   
   
   • The voting takes place via a secret ballot, where the members of the Electoral College cast their votes for their preferred candidate.
     
     
   • Voting is done by means of single transferable vote (STV). Each elector (MLA or MP) ranks the candidates in order of preference.
     
     
   • The system ensures that if a candidate does not receive enough votes in the first round, votes are redistributed based on second preferences, and so on until a candidate receives a majority.
     
     
6. Counting of Votes:
   
   
   • After the voting concludes, the Election Commission proceeds to count the votes.
     
     
   • To win the election, a candidate must secure more than 50% of the total valid votes in the Electoral College, which ensures a majority.
     
     
7. Declaration of Results:
   
   
   • Once a candidate achieves the required majority, the results are declared by the Election Commission.
     
     
   • The candidate who wins is then declared the President-elect.
     
     
8. Oath of Office:
   
   
   • After the declaration of results, the President-elect takes the oath of office before assuming the duties and responsibilities of the office.
     
     
   • The oath is administered by the Chief Justice of India.

Qualifications and Disqualifications for the President

In addition to the election process, the Constitution also specifies the qualifications and disqualifications for someone to be elected as the President of India.

1. Qualifications: A person is eligible to contest the election for the President if they:
   • Are a citizen of India.
   • Have completed the age of 35 years.
   • Are qualified to be elected as a member of the Lok Sabha (the Lower House of Parliament).
   • Are not holding any office of profit under the Government of India, any State Government, or any local authority.
     
     
2. Disqualifications: A person is disqualified from contesting the election if:
   • They are an undischarged insolvent.
   • They are of unsound mind, as determined by a competent court.
   • They have been convicted of certain offenses.

Importance of the Election Process

The election of the President of India is an important constitutional event. Although the President’s powers are largely ceremonial, the position holds symbolic importance as the guardian of the Constitution and as the representative of the people of India. The manner in which the President is elected reflects the federal nature of the Indian state, as the process includes members from both the national Parliament and the state legislative bodies.

The election process is designed to ensure that the President is chosen by a broad and representative segment of India’s population. By involving both Parliament and the states, the process ensures that all regions and communities have a stake in the election of the head of state.

Conclusion

The election of the President of India is a carefully structured process that ensures the representative and democratic selection of the country’s head of state. Through the use of the Electoral College, the weighted voting system, and the requirement for a majority to win, the process is designed to be fair and to reflect the federal structure of the Indian Constitution.

While the President’s role is largely ceremonial, the election process serves as a reminder of the importance of constitutional governance and the need for transparency and fairness in the selection of leaders. The election process also plays an important role in maintaining the integrity of India’s democratic system, as it ensures that the President enjoys the confidence of both the central and state governments.