Explained: How Is The President Elected In India?

The election of the 15th President of India took place on July 23, 2022 and Draupadi Murmu was elected as the second woman to hold the highest constitutional office in the country. The oath was administered to her by CJI NV Ramana on Monday.

In this article let us look at the process of elections to the President of India.

How are Presidents Elected?

As per Article 54 of the Constitution, the President of India is elected by the members of an electoral college which consists of (a) the elected members of both the Houses of Parliament and (b) the elected members of the Legislative Assemblies of the States [including National Capital Territory of Delhi and the Union Territory of Puducherry vide Constitution (Seventieth Amendment) Act, 1992].

Constitution, in Article 55, also stipulates that their shall be uniformity, as far as practicable, in the scale of representation of the different states at the election. 

For securing such uniformity among the states inter-se as well as parity between the states as a whole and the Union, a formula based on the population of each state is given in the Constitution for determination of the value of vote which each elected Member of Parliament and of the Legislative Assembly of each state is entitled to cast.

The Constitution (Eighty-fourth) Amendment Act, 2001 prescribes that 1971 census shall be followed to gauge population of each state for the purpose of calculation of value of votes.

PROPORTIONAL REPRESENTATION

The election is held in accordance with the system of Proportional Representation by means of singly transferable vote and the voting at such election shall be by secret ballot.

SECRET BALLOT

The ballot paper does not contain any election symbol. There are two columns in the ballot paper. Column 1 of the ballot paper contains the heading "Name of Candidate" and column 2 contains the heading "order of preference". Each elector shall have as many preferences as there are contesting candidates.

ELIGIBILITY

Article 58 envisages the eligibility criteria for nomination as Presidential candidate. 

According to it, no person shall be eligible for election as President unless he, (1) is a citizen of India, (2) has completed the age of 35 years and (3) is qualified for election as a member of the House of the People. 

DISPUTE OVER ELECTION

An election petition calling in question an election to the office of the President may be presented by any candidate at such election or by any twenty or more electors joined together as petitioners. The Supreme Court alone shall have the jurisdiction to entertain and try an election petition.