How Is The President Of India Elected?
How Is The President Of India Elected?
On June 9, 2022, the Election Commission of India (ECI) declared that voting for
India's next President will take place on July 18, 2022. President Ram Nath
Kovind's term ends on July 24, and an election for the next president has to be
held before that day.
According to Article 56 of the Constitution of India:
"The President shall hold office for a term of five years from the date on which
he enters upon his office."
Who elects India's President?
The President of India, like any other democracy, is elected indirectly by the
people of the country. The electoral college is used in the presidential
elections, which means that all of the representatives elected by the people of
India to various public offices at the state and national levels vote to elect
the President.
Nominated members of the Rajya Sabha and nominated members of the state
legislative assembly, on the other hand, are nominated to the houses.
Article 54 of the Constitution states that:
"The President shall be elected by the members of an electoral college
consisting of - the elected members of both Houses of Parliament; and the
elected members of the Legislative Assemblies of the States."
Who can become the President of India?
The qualifications for the election as President are given under Article 58 of
the Constitution of India.
Anybody who is a citizen of India and can fulfil some additional conditions is
eligible to become the President. The minimum age required for someone to become
President is 35 years, and the candidate must be qualified for the election as a
member of the House of the People, the Lok Sabha. The candidate must not hold
any office of profit. Additionally, the presidential candidate also needs the
official backing of at least 50 proposers and 50 seconders, who can be either
state or national level public representatives.
This rule was enacted to weed out bogus nominations. By this the candidates who
have no chance of winning will not apply to become the President.
How to elect a President?
As per Article 55 of the Constitution of India,
" 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."
The election process of the president is an elaborate system of proportional
voting. It means that the value of each vote is different based on their post.
The value of each vote based on the population is also predetermined for an MLA
vote.
The value of the vote of a Member of Parliament is 700, which means the final
scores are counted accordingly. The value of the vote of a member of the
state/UT Legislative Assembly is determined based on the population of the
state. For example, an MLA from Uttar Pradesh, the most populous state in India,
has the highest value among the states, with a score of 208. Since there are 403
MLAs in UP, their total value of votes is 83,824.
Similarly, the value of 80 MPs' votes from Uttar Pradesh is 80×700, that is
56,000. This amounts to a total of 12.9 percent votes for Presidential polls
from UP alone with a total of 139,824 votes. Other smaller states in the country
have lower values for MLA votes. In this way, a total of more than one million
votes were cast for the Presidential elections across India.
Counting of Votes
Unlike in other elections, the clear winner is not someone who gets the maximum
votes but gets more votes than a defined quota. The quota is determined by
dividing the sum of valid votes by 2 and adding one to the quotient. A candidate
can only be declared the winner if he gets more total votes than the defined
quota.
Will Kashmir be participating in the Presidential polls?
Elected members representing Jammu and Kashmir in both the Houses of Parliament
will be participating in the Presidential elections. But there will be no
representatives from the Legislative Assembly.
Written By: Adv. Shashwata Sahu
Law Article in India
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