The President of India is both the head of state and the country's first citizen. Article 54 of the Indian Constitution states that the President of India will be elected. Shri Ram Nath Kovind, the 14th President of India, is the current President of India. The UPSC Indian Polity and Governance Syllabus includes the Election of President of India which is described in this article.

Election Of President Of India - Provisions

• The President of India is elected by indirect election.
• He is elected by an electoral college in accordance with the system of proportional representation by means of a single transferable vote and secret ballot.

The electoral college consists of:

• The elected member of both the Houses of Parliament.
• The elected members of the Legislative Assemblies of the States.
• The elected members of the Legislative assembly of Delhi and Puducherry.
• This provision was added by the 70th Constitutional Amendment Act, 1992.
• The nomination of a candidate for election to the office of President must be subscribed ay atleast 50 electors as proposers and 50 electors as seconders. Every candidate has to make a security deposit of Rs. 15,000 in the RBI, which is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled.

Who Does Not Participate In The Election Of President Of India?

• The nominated member of both the Houses of Parliament.
• The nominated members of the Legislative Assemblies of the States.
• The nominated members of the Legislative assembly of Delhi and Puducherry.
• All the members of state legislative councils.

Constitutional Provisions For Election Of President

Why Indirect Election?

• The system of indirect election for the President was criticized as going against the democratic ideal of universal adult franchise.
• However, the constitution-makers chose the indirect election over the direct election by a large population would cause great loss of time, energy and money, all of which would be disproportionate in the election of a nominal head of the state.

Eligibility for Re-Election

A person who holds, or who has held office as President, shall be eligible for re-election as President.

Disputes Regarding Election Of The President

• All the doubts and disputes arising out of or in connection with the election of the President are inquired into and decided by the Supreme Court whose decision is final.
• Article 71 further states that no such dispute can be raised on the ground of any vacancy in the Electoral College which elected the President.
• If the election of a President is declared void by the Supreme Court, an act done by him prior to the date of such decision of the Supreme Court cannot be invalidated.
• Subject to the provision of the Constitution, Parliament is empowered to regulate by law any matter relating to or connected with the election of the President.

Vacancy In The President Office

• Vacancy in the office of President can be created due to any of the following conditions:
  • Expiry of the term;
  • Death;
  • Resignation;
  • Impeachment of the President;
  • Otherwise, such as when the election of the President is declared void by the Supreme Court or he has become disqualified to hold the office anymore.
• The election to the President has to be issued by the Election Commission on or after the 60th day before the expiry of the term of office of the outgoing President.
• The election schedule shall be fixed in such a manner that the President-elect is able to attend the office on the following day of the outgoing President.
• In the other cases or if the President is unable to attend the office due to sickness or in his absence the Vice-President holds office as a President or in absence of him the Chief Justice of India or in his absence, the senior-most judge of the Supreme Court hold office as a President of India until the new incumbent assumes office.
• He enjoys all the powers and immunities as well as salary, allowance and privileges which are available to the President under the Constitution.
• Under the Constitution, such an election has to take place within 6 months of the occurrence of the vacancy.

Impeachment Of The President

• According to Article 61, the President can be removed from his office before the expiry of his term by the process of impeachment.
• He can be impeached only on the grounds of violation of the constitution.
• However, the Constitution does not define the meaning of the phrase ‘violation of the constitution’.
• The power of impeachment of the President vested in the Parliament.
• It is a quasi-judicial process.
• All the elected and nominated members of the Parliament take part in the impeachment process. Members of the State Legislature do not participate in the impeachment process of the President.
• It can be initiated in either house of the Parliament.
• The charge must come in the form of a proposal contained in the resolution which must be signed by at least one-fourth of the total membership of the House.
• Before that house passes the resolution a 14 days’ notice must be given to the President.
• Such a resolution must be passed by a majority of not less than two-thirds of the total membership of the house.
• It is then forwarded to the other house for review. The complaints levelled against the president are investigated by a select committee.
• The President of India has the right to be represented by authorised lawyers throughout the process. He has the option of defending himself or appointing a person/lawyer or the Indian Attorney General to do so.
• If the other house passes the resolution by a two-thirds majority after the investigation by the select committee, the President of India is impeached.

Election Process

• The value of the vote of an MLA = Total Population of the StateTotal number of elected members in the state legislative assembly ×11000
• The value of the vote of an MP = Total Value of votes of all MLAs of all StatesTotal number of elected members of both Houses of Parliament
• The value of the vote of each MLA varies from state to state. However, the value of the votes of the MPs is the same.

Method of Voting

As the President’s election is held in accordance with the system of proportional representation by means of single transferable vote and the voting by secret ballot, this system ensures that the successful candidate is returned by the absolute majority of votes.

Single Transferable Vote System

• The names of all the candidates are listed on the ballot paper, and the elector assigns numbers to them based on his or her preferences.
• On the ballot paper, each voter may mark as many preferences as there are candidates. As a result, the elector should place the figure 1 next to the name of the candidate for whom he or she has the first preference and may register as many preferences as desired by placing the numerals 2, 3, 4, and so on next to the names of other candidates.
• If you mark your first preference against more than one candidate, or if you don't mark it at all, your ballot becomes worthless.

FAQs

Q1: Who elects the President of India?

Q2: What is the term of office for the President of India?

Q3: What are the eligibility criteria for becoming the President of India?

Q4: What is the process for the impeachment of the President of India?

Q5: What is the role of the President in India's parliamentary system?

MCQs

1. The President of India is elected by:

A) Direct vote of all citizens

B) Members of the electoral college

C) State Governors

D) Chief Justice of India

2. What is the minimum age requirement to become the President of India?

A) 25 years

B) 30 years

C) 35 years

D) 40 years

3. The process for the impeachment of the President of India is laid down in which Article of the Constitution?

A) Article 52

B) Article 61

C) Article 123

D) Article 80

4. Which system is used for the election of the President of India?

A) First-past-the-post

B) Proportional representation by single transferable vote

C) Cumulative voting

D) Open ballot system

5. Who among the following is not part of the electoral college for the Presidential election?

A) Elected members of the Lok Sabha

B) Nominated members of the Rajya Sabha

C) Elected members of State Legislative Assemblies

D) Elected members of the Rajya Sabha

GS Mains Questions and Model Answers

Q1: Discuss the process of election of the President of India and its significance in the Indian democratic setup.

Answer: The President of India is elected by an electoral college consisting of elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States and Union territories with legislative assemblies. The election is held through a system of proportional representation by means of a single transferable vote, ensuring that the President has broad support across states and political spectrums. This process reflects India's federal structure and balances regional interests in the presidential selection. The President's election upholds democratic principles and ensures the officeholder represents the unity and diversity of the nation.

Q2: Explain the powers and functions of the President of India in the parliamentary system of governance.

Answer: The President of India serves as the constitutional head of the state and the supreme commander of the armed forces. The President acts on the advice of the Council of Ministers and exercises powers related to legislative, executive, and judicial functions. Legislative powers include summoning and proroguing Parliament sessions, giving assent to bills, and issuing ordinances during recesses. Executive powers involve appointing the Prime Minister, governors, judges, and other key officials. The President also has the power to grant pardons and commute sentences. While largely ceremonial, the President can play a decisive role during political crises and transitions, ensuring stability and continuity in governance.

Q3: Analyze the role of the electoral college in the election of the President of India.

Answer: The electoral college plays a crucial role in the election of the President of India, reflecting the federal character of the Indian polity. Comprising elected members of both Houses of Parliament and elected members of the Legislative Assemblies of the States and Union territories, the electoral college ensures representation of both the Union and the states in the election process. The system of proportional representation by means of a single transferable vote gives weightage to the population of each state, making the election inclusive and representative. This mechanism prevents the dominance of any single party or region, ensuring a broad consensus in the selection of the President, who symbolizes the unity of the nation.

Previous Year Questions on  Election of President

1. UPSC CSE 2020

Question: Evaluate the significance of the President's role in India's parliamentary democracy.

Answer: The President of India holds a significant position in the parliamentary democracy, serving as the constitutional head and the symbol of national unity. While the President acts on the advice of the Council of Ministers, the office ensures the smooth functioning of the parliamentary system by performing essential legislative, executive, and judicial roles. The President's role becomes crucial during crises, such as hung parliaments or emergencies, where discretion and impartiality are required. By summoning and dissolving Parliament, assenting to legislation, and ensuring constitutional provisions are upheld, the President safeguards democratic norms and the Constitution's sanctity.

2. UPSC CSE 2019

Question: Discuss the procedure for the impeachment of the President of India and its significance in ensuring accountability.

Answer: The President of India can be impeached for "violation of the Constitution" under Article 61. The process involves a detailed and rigorous procedure requiring a two-thirds majority in both the Lok Sabha and the Rajya Sabha. A resolution containing the impeachment charges must be passed by a two-thirds majority of the total membership of each House. This high threshold ensures that the President's impeachment is a rare and serious step, safeguarding against frivolous or politically motivated actions. The procedure underscores the accountability of the President and emphasizes adherence to constitutional norms, reflecting the gravity of the office.