President of India (Article 52-62) – UPSC Indian Polity Notes

The Parliamentary system of government is characterised by the presence of dual executives. The Union executive consists of the President, the Prime Minister, the Council of Ministers and the attorney general of India. The executive power of the government of India is vested in the President of India, who is the head of the Indian state.

The Constitution of India, however, gives only the ceremonial position of the President, with no real authority. The real executive power rests with the Prime Minister. While the President is the head of the state, the Prime Minister is the head of the government. Articles 52 to 62 deal with the president of India.

President of India

The President is considered to be the first citizen of India. S/he carries out the functions of the government only with the aid and advice of the Council of Ministers.

Election of the President

The President of India is not elected directly by the people of India but by an electoral college which includes [Article 54]:

1. the elected representatives of both houses of Parliament;
2. the elected members of state legislative assemblies;
3. the elected members of the legislative assembly of the Union territory of Delhi, Puducherry Jammu and Kashmir (J&K Assembly not constituted yet).

The 104th Constitutional Amendment Act discontinued the nomination of Anglo-Indians in the Loksabha and state legislative assemblies.

The nominated members of Loksabha, Rajya Sabha and State assemblies are not eligible to vote in the elections for President of India.

Qualifications of President of India

The requisite qualifications for the election of the President of India are:

1. S/he is a citizen of India:
2. S/he has completed the age of 35 years;
3. S/he is qualified to be elected as a member of Loksabha;
4. S/he should not hold any office of profit under the Union Government or any State Government. However, the Office of the President, the Vice President, the Governor or the Ministers of Union or State is not considered as an office of profit.
5. Further, the nomination of a candidate for the election of the President must be backed by at least 50 electors as proposers and same number of electors as seconders.
6. The candidate also has to deposit a sum of ₹15000 in the Reserve Bank of India.

President Election Process in India

The election of the President of India is held using the system of proportional representation by means of a single transferable vote and voting by secret ballot. It is managed by the Election Commission of India.

India is a Republic where the head of the state has to be a representative of the people. Therefore, the President’s election is designed in such a way as to ensure uniformity among states and parity between the Centre and the states, and each citizen is equally represented in the election through their legislators. [Article 55]

Proportional Representation System: For this purpose, the number of votes that each elector casts in such an election shall be determined in the following manner:

1. Value of the vote of an MLA: The value of a member of the state legislative assembly is derived by dividing the total population of the state by the total number of elected members in the assembly. The quotient obtained is divided by 1000 to get the value of the vote of each member of the assembly in the presidential election.

2. Value of vote of an MP: The value of the vote of a Member of Parliament is derived by dividing the total number of votes given to all the elected members of the state assemblies by the total number of elected members of both the houses of the Parliament.

Electoral Quota: The winning candidate must secure more than 50% of the total valid votes polled. This amount of vote is called the ‘Electoral Quota’. This quota is obtained by dividing the total number of valid votes polled by number of candidates to be elected (1) plus one and adding one to the quotient (i.e. 2).

Single transferable Vote System: As per this system, while casting a vote, the electors are required to indicate their preference by marking 1, 2, 3, etc., against the names of the candidates.

• In the first phase of counting, only the first preference votes are counted. If a candidate has secured 50% of votes in the first count, s/he is declared elected.
• Otherwise, the candidate who receives the least first preference votes is eliminated from the race and his/her votes are distributed among the remaining candidates according to the second preference marked on these ballot papers.
• This redistribution of votes continues until one candidate secures the electoral quota.

Note-1: It is not mandatory to fill out more than one preference; an elector can provide a single preference as well.

Note-2: So far, since Independence, the second preference votes have been counted once.

Resolution of disputes regarding the President’s election: All disputes and queries about the election of the President are attended by the Supreme Court, and its decision is final. If the election of a sitting President is declared void by the Court, acts done by him before such declaration remain valid.