Model Answer
0 min readIntroduction
The President of India is the constitutional head of the state, and their election is a significant event in Indian democracy. Article 52 of the Constitution of India lays down the provisions for the election of the President. The process, while seemingly complex, is designed to ensure broad-based representation and maintain the federal structure of the nation. The election is indirect, conducted through an Electoral College comprising elected members of Parliament and State Legislative Assemblies. Understanding the composition and functioning of this Electoral College is crucial to comprehending the dynamics of presidential elections in India.
The Election Process of the President of India
The election of the President is governed by the Presidential and Vice-Presidential Elections Act, 1952. The process can be summarized as follows:
- Notification of Election: The Election Commission of India (ECI) notifies the date of the election.
- Nomination of Candidates: Candidates are nominated by a minimum of fifty Members of Parliament or fifty State Legislative Assembly members.
- Scrutiny of Nominations: The ECI scrutinizes the nominations.
- Voting: Voting takes place through a secret ballot. Members of Parliament vote in Parliament House, while MLAs vote in their respective State Legislative Assemblies. The ECI appoints Returning Officers for each state and Union Territory.
- Counting of Votes: The votes are counted by the Returning Officer, and the candidate securing a majority of the total electoral college votes is declared the winner.
The Electoral College: Composition and Characteristics
The Electoral College is the body that actually elects the President. Its composition and characteristics are as follows:
1. Composition
The Electoral College consists of:
- Elected Members of Parliament: This includes all elected members of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
- Elected Members of State Legislative Assemblies: This includes all elected members of the Legislative Assemblies of the states.
- Elected Members of the Legislative Assembly of the Union Territories: This includes elected members of the Delhi and Puducherry Legislative Assemblies. (Prior to 2014, members of the Legislative Assembly of Jammu and Kashmir were also part of the Electoral College).
2. Value of Votes
The value of the vote of each elector is not uniform. It is calculated based on the population of the state/UT represented by the elector, as per the 1971 census. The formula is as follows:
Value of vote of an MLA = (Total population of the State / Number of MLAs in the State Legislative Assembly) x 1/Number of seats allocated to the State in the Lok Sabha
Value of vote of an MP = Total value of votes of all MLAs of all states / Total number of MPs
This ensures that states with larger populations have a greater influence in the election, while also maintaining a balance by considering the representation in Parliament.
3. Proportional Representation and Quota System
The election follows the principle of proportional representation by means of a single transferable vote. A quota is fixed to determine the minimum number of votes required to be elected. The quota is calculated as follows:
Quota = (Total number of votes of all electors / Number of candidates) + 1
A candidate must secure a quota of votes to be declared elected. If no candidate secures the quota in the first round of counting, the candidate with the fewest votes is eliminated, and their votes are redistributed among the remaining candidates based on the preferences indicated on the ballot papers.
4. Disqualifications
Article 58 of the Constitution lays down the qualifications for the President. A person is not eligible for election as President if they:
- Are not a citizen of India
- Are not 35 years of age or more
- Do not possess the qualifications prescribed by Parliament.
Furthermore, a person holding an office of profit under the Union or State government is disqualified.
5. Recent Changes and Considerations
The 95th Constitutional Amendment Act, 2009, introduced a provision to limit the maximum number of electors in each state to the total number of seats in the Lok Sabha allocated to that state. This was done to address concerns about the increasing size of the Electoral College and to ensure a more manageable election process.
Conclusion
The election of the President of India is a meticulously designed process that reflects the country’s federal structure and commitment to democratic principles. The Electoral College, with its unique composition and voting system, ensures broad-based representation and a fair election. While the system has undergone amendments to address practical challenges, its core principles of proportional representation and a quota system remain intact, safeguarding the integrity of the presidential election process. Understanding these nuances is vital for appreciating the functioning of India’s parliamentary democracy.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.