Article 54 of the Indian Constitution: Election of the President of India

12/18/20233 min read

Mount Rushmore
Mount Rushmore

Introduction

The President of India is the head of state and the first citizen of the country. The election of the President is an important process governed by Article 54 of the Indian Constitution. This article outlines the procedure for electing the President, the qualifications required, and the role of various stakeholders in the process. In this article, we will delve into the details of Article 54 and shed light on the significance of this constitutional provision.

Article 54: The Election Process

Article 54 of the Indian Constitution deals with the election of the President of India. According to this article, the President is elected by an Electoral College consisting of the elected members of both houses of Parliament, namely the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The members of the Legislative Assemblies of the states also form part of the Electoral College.

The election is conducted through a secret ballot, with each member of the Electoral College having one vote. The value of the vote of each member is determined by a formula specified in the Presidential and Vice-Presidential Elections Act, 1952. This formula takes into account the population of the state and the number of elected members in the respective houses of Parliament and Legislative Assemblies.

Qualifications for the President

Article 54 also lays down the qualifications required to be eligible for the office of the President. According to this provision, a person must possess the following qualifications:

  1. Must be a citizen of India
  2. Must have completed the age of 35 years
  3. Must be qualified for election as a member of the Lok Sabha

These qualifications ensure that the President is a person who is well-acquainted with the Indian political system and has the necessary experience to discharge the duties of the office.

Role of the Electoral College

The Electoral College plays a crucial role in the election of the President. As mentioned earlier, it consists of the elected members of both houses of Parliament and the Legislative Assemblies of the states. The Electoral College is responsible for casting their votes to elect the President.

While casting their votes, the members of the Electoral College are not bound by any party whip. They have the freedom to vote according to their conscience. This ensures that the election of the President is free from any political influence and is based on the merit and suitability of the candidates.

Election Procedure

The election of the President is conducted by the Election Commission of India. The Commission notifies the election and sets the dates for various stages of the process. The election process begins with the filing of nominations by eligible candidates.

After the nominations are filed, the Election Commission scrutinizes them to ensure that the candidates fulfill the eligibility criteria. Once the nominations are found to be in order, the Commission publishes the list of validly nominated candidates.

The election is held through the system of proportional representation by means of a single transferable vote. This means that the voters rank the candidates in order of preference, and if no candidate secures an absolute majority in the first round, the candidate with the least number of votes is eliminated, and their votes are transferred to the remaining candidates based on the voters' preferences.

The counting of votes is done under the supervision of the Election Commission, and the candidate who secures the highest number of votes is declared elected as the President of India.

Conclusion

Article 54 of the Indian Constitution provides the framework for the election of the President of India. This constitutional provision ensures that the election process is fair, transparent, and free from any political influence. The Electoral College, comprising elected members of Parliament and state legislatures, plays a crucial role in electing the President. The qualifications required for the office of the President ensure that the individual possesses the necessary knowledge and experience to discharge the duties of the position. The election procedure, conducted by the Election Commission of India, follows a systematic and transparent approach, ensuring that the President is elected based on the will of the people's representatives. Article 54, therefore, stands as a cornerstone of the democratic process in India, upholding the principles of equality and representation.