Election Of The President Of India With Case Study Of Election Of Smt. Droupadi Murmu
The office of the President is highest elected office in the Country. The President of India is not directly elected by people but is elected indirectly by an electoral college consisting of elected members of Legislative Assembly of States and elected Members of Parliament. Article 54 and 55 provide procedure of election of the President of India.
What is composition of Electoral College for election of the President ?
As per Article 54, the President is elected by members of an electoral college consisting of the elected members of both houses of parliament and elected members of Legislative Assembly of states. States include National Capital Territory of Delhi and Union Territory of Puducherry. Nominated members can not participate in election of President.
How election of President is conducted ?
Article 55 provides for manner of election of President. Article 55 seeks to secure uniformity among states inter se as well as parity between States as a whole and the Union. Election of the President has to be conducted by proportional representation by single transferrable vote. Voting at such election has to be conducted by secret ballot.
What is value of vote of an Elected Member of Legislative Assembly ?
Every elected member of legislative assembly will have votes equal to multiple of one thousand in the quotient obtained by dividing the population of state by the total number of elected members of the Assembly. If remainder is not less than 500, vote of each member will be increased by one. Population of the State has to be taken on the basis of last census. But 42nd Amendment has provided that Population will be taken on the basis of 1971 census till 2026.
What is value of vote of Elected Member of Parliament ?
Each elected Member of Parliament will have votes equal to total number of votes assigned to members of Legislative Assemblies divided by total elected Members of Parliament. Fraction exceeding one-half has to be counted as one. Fraction less than one half has to be disregarded.
This type of election can be understood by an example. Suppose in an election four candidates A, B, C & D are contesting for a given post. Voter will mark his preference of all the candidates. At least one preference has to be marked. Suppose total valid votes are 100, then to win the election a candidate has to secure 51 votes (50% of valid votes + 1). If in the first round no candidate gets 51 votes, the person who has got least votes are eliminated and his 2nd preference votes are distributed among remaining candidates. This process continues till one candidate gets 51 votes.
Case Study Of Election Of Smt. Droupadi Murmu
Smt Draoupadi Murmu has been elected as President in 22nd Presidential Election. There were two presidential candidates in the election – Smt Droupdi Murmu and Sh. Yashwant Sinha.
Electoral College consisted of elected members of Legislative Assemblies of States, members of Legislative Assembly of National Capital Territory of Delhi, elected members of Legislative Assemblies of Puducherry and elected Members of Parliament i.e. Lok Sabha and Rajya Sabha.
SL. No. | NAME OF STATE/ UNION TERRITORY | NUMBER OF ASSEMBLY SEATS (ELECTIVE) | POPULATION (1971 CENSUS) | VALUE OF VOTE OF EACH M.L.A. | TOTAL VALUE OF VOTES FOR THE STATE |
(1) | (2) | (3) | (4) | (5) | (6) |
1 | ANDHRA PRADESH | 175 | 27800586 | 159 | 159 X 175 = 27825 |
2 | ARUNACHAL PRADESH | 60 | 467511 | 8 | 008 X 060 = 480 |
3 | ASSAM | 126 | 14625152 | 116 | 116 X 126 = 14616 |
4 | BIHAR | 243 | 42126236 | 173 | 173 X 243 = 42039 |
5 | CHHATTISGARH | 90 | 11637494 | 129 | 129 X 090 = 11610 |
6 | GOA | 40 | 795120 | 20 | 020 X 040 = 800 |
7 | GUJARAT | 182 | 26697475 | 147 | 147 X 182 = 26754 |
8 | HARYANA | 90 | 10036808 | 112 | 112 X 090 = 10080 |
9 | HIMACHAL PRADESH | 68 | 3460434 | 51 | 051 X 068 = 3468 |
10 | JHARKHAND | 81 | 14227133 | 176 | 176 X 081 = 14256 |
11 | KARNATAKA | 224 | 29299014 | 131 | 131 X 224 = 29344 |
12 | KERALA | 140 | 21347375 | 152 | 152 X 140 = 21280 |
13 | MADHYA PRADESH | 230 | 30016625 | 131 | 131 X 230 = 30130 |
14 | MAHARASHTRA | 288 | 50412235 | 175 | 175 X 288 = 50400 |
15 | MANIPUR | 60 | 1072753 | 18 | 018 X 060 = 1080 |
16 | MEGHALAYA | 60 | 1011699 | 17 | 017 X 060 = 1020 |
17 | MIZORAM | 40 | 332390 | 8 | 008 X 040 = 320 |
18 | NAGALAND | 60 | 516449 | 9 | 009 X 060 = 540 |
19 | ODISHA | 147 | 21944615 | 149 | 149 X 147 = 21903 |
20 | PUNJAB | 117 | 13551060 | 116 | 116 X 117 = 13572 |
21 | RAJASTHAN | 200 | 25765806 | 129 | 129 X 200 = 25800 |
22 | SIKKIM | 32 | 209843 | 7 | 007 X 032 = 224 |
23 | TAMIL NADU | 234 | 41199168 | 176 | 176 X 234 = 41184 |
24 | TELANGANA | 119 | 15702122 | 132 | 132 X 119 = 15708 |
25 | TRIPURA | 60 | 1556342 | 26 | 026 X 060 = 1560 |
26 | UTTARAKHAND | 70 | 4491239 | 64 | 064 X 070 = 4480 |
27 | UTTAR PRADESH | 403 | 83849905 | 208 | 208 X 403 = 83824 |
28 | WEST BENGAL | 294 | 44312011 | 151 | 151 X 294 = 44394 |
29 | NCT OF DELHI | 70 | 4065698 | 58 | 058 X 070 = 4060 |
30 | UT OF PUDUCHERRY | 30 | 471707 | 16 | 016 X 030 = 480 |
TOTAL | 4033 | 543002005 | = 543231 |
VALUE OF EACH MEMBER OF PARLIAMENT
TOTAL ELECTED MEMBERS OF PARLIAMENT = LS (543) + RS (233) = 776
TOTAL NUMBER OF VOTES OF ELECTED MEMBERS OF LEGISLATIVE ASSEMBLY OF STATES = 5, 43, 231
VALUE OF EACH VOTE= 5,43,231/776= 700
TOTAL VALUE OF VOTES OF MEMBERS OF PARLIAMENT = 700 X 776 = 5,43,200
TOTAL ELECTORS FOR THE PRESIDENTIAL ELECTION = MLAs (4033) + M.Ps (776) = 4809
TOTAL VALUE OF VOTES OF 4809 ELECTORS FOR THE PRESIDENTIAL ELECTION 2022 = 5,43,231 + 5,43,200 = 10,86,431
In the election, Smt Droupadi Murmu received 6,76,803 votes while Sh. Yashwant Sinha received 3,80,177 votes. Smt. Droupadi Murmu was declared winner of the election.
What is term of office of the President ?
The president holds office for a term of five years from the date when he enters upon his office. The President may resign by writing to the Vice President. The President may be removed by impeachment for violation of the Constitution. The President after expiration of his term continues in his office till his successor enters upon his office.
A person who holds position of President or who has held office of President in the past is eligible to be reelected.
What are qualifications for becoming President ?
Article 58 provides for position of President. A Person is eligible for election as President if following conditions are met:
- Such person is citizen of India
- Such person has completed the age of thirty -five years, and
- Is qualified for election as a member of the House of the People
A person is not eligible for election of President if such person holds office of profit under Govt. of India or Govt. of State or Local Govt. A person will not be deemed to hold any office of profit by reason only that he is President or Vice-President or Governor or is a Minister for Union or State.
The President can not be member of any House of Parliament or Legislature. If any such member is elected President, he shall be deemed to have vacated his seat on the date on which he enters upon his office as President. The President can not hod any other office of profit. The President shall be entitled without payment of rent to the use of his official residence and shall also be entitled to such emoluments, allowances, and privileges as may be determined by Parliament by law. The emoluments and allowances of the President can not diminished during his term of office.
Every President and every person acting as President or discharging functions of President before entering upon his office make and subscribe an oath or affirmation in the presence of Chief Justice of India or in his absence senior most judge of the Supreme Court.
What is procedure for impeachment of President ?
Under Article 61, the President can be removed from office by impeachment for violation of the Constitution.
Impeachment proceedings of the President can be initiated in any of the House. At least 14 days notice by one fourth of total members of house in writing expressing intention move resolution for impeachment of president has to be given . Such resolution has to be passed by majority of not less than two thirds of the total members of the House.
The other house has to investigate the charge or cause the charge to be investigated wherein the President has right to appear and to be represented at such investigation. If the other house passes resolution by a majority of less than two- thirds of the total membership of house such resolution has the effect of removing the President form his office as from the date on which the resolution is so passed.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.