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Process of Electing President of India

Posted on April 13, 2022 by admin1  26

In Context 

  • The tenure of the current President of India is set to end in July 2022.

About President of India

  • Under the Constitution of India, there shall always be a President of India (Article 52 of the Constitution). 
  • He holds the highest elective office in the country and is elected in accordance with the provisions of the Constitution and the Presidential and vice-Presidential Elections Act, 1952. 
    • The said Act is supplemented by the provisions of the Presidential and Vice-Presidential Elections Rules, 1974, and the said Act under Rules form a complete Code regulating all aspects of conduct of elections to the Office of the President. 
  • Under Article 324 of the Constitution of India, the authority to conduct elections to the Office of President is vested in the Election Commission of India.
  • The President shall hold office for a term of 5 years from the date on which he enters upon his office. 
    • He shall, however, continue to hold office notwithstanding the expiry of his term, until his successor enters upon his office. [Article 56 of the Constitution of India]

When is the election of the Office of President of India held?

  • Under the provisions of sub-section (3) of Section 4 of the Presidential and Vice-Presidential Elections Act, 1952, the notification calling the election to the office of the President can be issued by the Election Commission on any day within the period of sixty days before the expiry of the term of office of the outgoing President.
  • The election schedule shall be so fixed, that the President-elect is able to enter upon his office on the day following the expiry of the term of the outgoing President.

How is the President elected?

  • The President is elected by an Electoral College, which consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of all the States and also of NCT of Delhi and the Union Territory of Puducherry. [Article 54 of the Constitution of India]
  • As per Article 55(3) of the Constitution of India, the election of the President shall be held in accordance with the system of proportional representation by means of single transferable vote and the voting at such election shall be by secret ballot.

What is the value of each vote and how is it calculated?

  • A vote cast by each MP or MLA is not calculated as one vote. There is a larger vote value attached to it.
  • The fixed value of each vote by an MP of the Rajya Sabha and the Lok Sabha is 708.
  •  Meanwhile, the vote value of each MLA differs from State to State based on a calculation that factors in its population vis-a-vis the number of members in its legislative Assembly. 
  • As per the Constitution (Eighty-fourth Amendment) Act 2001, currently, the population of States is taken from the figures of the 1971 Census. 
    • This will change when the figures of the Census taken after the year 2026 are published.
  • The value of each MLA’s vote is determined by dividing the population of the State by the number of MLAs in its legislative Assembly, and the quotient achieved is further divided by 1000. 
  • Uttar Pradesh for instance, has the highest vote value for each of its MLAs, at 208. 
  • The total votes of each Legislative Assembly are calculated by multiplying the vote value of each MLA by the number of MLAs.
  • Finally, based on these values, the total number of votes of all Rajya Sabha and Lok Sabha MPs would be 5,59,408 (776 MPs X 708), and the total votes of all MLAs from State Legislative Assemblies would come up to 5,49,495. 
    • Thus, the grand total vote value of the whole electoral college comes up to 10,98,903.

What is required to secure a victory?

  • A nominated candidate does not secure victory based on a simple majority but through a system of bagging a specific quota of votes. While counting, the EC totals up all the valid votes cast by the electoral college through paper ballots and to win, the candidate must secure 50% of the total votes cast + 1.
    • Unlike general elections, where electors vote for a single party’s candidate, the voters of the electoral college write the names of candidates on the ballot paper in the order of preference.

Source:TH

 
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