Overview and Constitutional Basis:
The Election of the President of India is governed by Articles 54 to 58 of the Constitution of India. The President is the Head of the State and the first citizen of India, symbolizing the unity and integrity of the nation. The President is elected not directly by the people but indirectly through an Electoral College, which includes the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States and Union Territories. This system ensures a balance between the Union and the States, reflecting the federal character of the Indian polity. The election process upholds the democratic spirit by giving representation to both national and regional political voices in the selection of the Head of the Republic.
Legal Provisions and Procedure:
Under Article 55, the election is conducted through the system of proportional representation by means of the single transferable vote (STV) and by secret ballot. The Election Commission of India (ECI) supervises and conducts the election. The value of each vote is calculated based on the population of the state and the number of elected MLAs, ensuring that each state’s vote weight corresponds to its population. To be declared elected, a candidate must secure more than 50% of the total valid votes (both in value and number). The President’s term of office is five years, as provided under Article 56, and re-election is permitted. This process maintains fairness, proportionality, and representation in the electoral system.
Eligibility and Significance:
According to Article 58, to be eligible for election as President, a person must be an Indian citizen, at least 35 years of age, qualified for election as a member of the Lok Sabha, and must not hold any office of profit under the Government of India or any state. The President represents the sovereignty of the nation and serves as the guardian of the Constitution, ensuring all organs of the State act within their constitutional limits. The indirect election ensures impartiality and national consensus, free from direct political influence, reinforcing the unity and stability of India’s parliamentary democracy.
Real-Time Example:
In the 2022 Presidential Election, Droupadi Murmu was elected as the 15th President of India, defeating Yashwant Sinha. She became the first tribal woman President in Indian history, symbolizing inclusivity and social progress. The election was conducted under the supervision of the Election Commission, where the Electoral College, consisting of 776 Members of Parliament and 4,033 Members of Legislative Assemblies, voted. The process demonstrated India’s commitment to constitutional democracy, ensuring that representation from both the Union and the States participated in electing the Head of the Republic.
Mnemonic to Remember:
Mnemonic: “PEARL – President’s Election As Representatives’ Leader”
- P = Proportional representation (Art. 55)
- E = Electoral College votes (Art. 54)
- A = Age 35 years minimum (Art. 58)
- R = Rule by secret ballot, supervised by ECI
- L = Leader symbolizing unity of the nation
This mnemonic helps recall the key articles, eligibility criteria, and procedure related to the President’s election, ensuring quick and easy memorization for exams.
About lawgnan:
Explore a complete guide on the Election of the President of India under Articles 54 to 58 at Lawgnan.in. Understand how the Electoral College, comprising MPs and MLAs, elects the President through proportional representation and secret ballot. Learn about the eligibility, procedure, and constitutional significance of this democratic process that upholds India’s federal balance. Lawgnan provides detailed, exam-oriented notes with real examples like Droupadi Murmu’s election (2022), helping law students and aspirants master key constitutional provisions and the principles that govern India’s highest constitutional office.
