How the President of India elected

Meaning of President in republic country

The President , in government, the officer in whom the chief executive power of a nation is vested. President of a republic is the head of state.

But the actual power of the president varies from country to country. President is the first citizen of the country.

Why the President of India elected indirectly?

The president of India is the head of the executive and of the state. But the President is elected indirectly by people and directly by the MPs and MLAs of state and union territory Delhi and Pondicherry.

He is elected indirectly as because in 1848 louis Nepoleon who was elected as head of the state by direct vote of the people.

He then overthrow the French republic and claim emperor since he had been directly elected.

So to avoid such monarchy system president of India elected indirectly by the citizen of India.

Article 52 president of India

The Constitution Article 52 states, that There shall be a President of India.

Constitution Article 53 Executive power

This article 53 of the Constitution talk about the executive power of the president accordance with the Constitution.

Article 53(1) of Constitution

• The executive power of the Union shall be vested in the President
• And shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

Constitution Article 53(2)

• Without prejudice to the generality of the foregoing provision,
• The supreme command of the Defence Forces of the Union shall be vested in the President
• And the exercise thereof shall be regulated by law.

Article 53(3) of Indian Constitution

• Nothing in this article shall—
  • (a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority
  • or
  • (b) prevent Parliament from conferring by law functions on authorities other than the President.

Election of President Article 54 Constitution

The President shall be elected by the members of
an electoral college consisting of –

• (a) the elected members of both Houses of Parliament
• and
• (b) the elected members of the Legislative Assemblies of the States.

Explanation- In this article 54 and in article 55, ”State” includes the National Capital Territory of ‘Delhi and the Union territory of Pondicherry’.

What is electoral college ?

Electoral college is the body who established by the Constitution to elect President by the process of electoral college to any democratic country either directly by the people or by the elected members of the house or organization to elect the President.

इलेक्टोरल कॉलेज वह निकाय (संस्था) है जिसे संविधान द्वारा किसी भी लोकतांत्रिक देश में इलेक्टोरल कॉलेज की प्रक्रिया द्वारा सीधे लोगों द्वारा या सदन या संगठन के निर्वाचित सदस्यों द्वारा राष्ट्रपति का चुनाव करने के लिए स्थापित किया गया है।

How and what process of electing president of India?

Article 52 state that there shall be president of India and Article 54 of the Constitution state that the President shall be elected by electoral college under the Constitution body.

The electoral college process in which the elected members of both Houses of Parliament.

• Lok sabha members
• Rajya sabha members

And the elected members of the Legislative Assemblies of the States.

• In this article 54 and in Article 55, ”State” includes the National Capital Territory of ‘Delhi and the Union territory of Pondicherry’.

Process of electing president

• The citizen of India vote
  • Member of Parliament(MP)
  • Member of Legislative Assembly (MLA).
• These elected members by the citizen of India vote for president.
• Means directly by the representative Member and indirectly by the citizen of India.

Voting procedure of President

All representative Members of the citizen, MPs and MLAs have certain numbers of votes. Means one mp or mla have certain numbers of vote value.

However some calculation involves to determining the value of vote to every MPs and MLA. That calculation such as.

Value of vote of an MLA = Total population of the state/ Total MLA of a state/ 1000

(value of vote of an mla = total population of the state divide by the total number of MLA of the state and further divide by 1000).

Value of vote of a MP = Total value of vote of All MLAs in the country/ Total number of MPs( Lok sabha+ Rajya sabha)

Article 55 Constitution manner of election of President

Constitution Article 55(1)

As far as practicable, there shall be uniformity
in the scale of representation of the different States at the election of the President.

Article 55(2) Constitution

For the purpose of securing such uniformity
among the States inter se as well as parity between the States as a whole and the Union,

The number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner:-

Constitution Article 55(2)(a)

• Every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected members of the Assembly.

Article 55(2)(b) Constitution

• If, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of each member referred to in sub-clause (a) shall be further increased by one.

Constitution Article 55(2)(C)

• Each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one- half being counted as one and other fractions being disregarded.

Article 55(3) Constitution manner of election of president, single transferable vote

The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

Explanation Article 55 of Constitution

Explanation – In this article, the expression
”population” means the population as ascertained at the last preceding census of which the relevant figures have been published.

Proviso of Article 55 of Constitution manner of election of president

Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year (2026) have been published, be construed as a reference to the 1971 census.

Article 56 of Constitution Term of office of President of India

Constitution Article 56(1) Term office of President india

The President shall hold office for a term of
five years from the date on which he enters upon his office:

Proviso of Article 56(1) of Constitution Term office of President

Provided that—

• (a) The President may, by writing under his hand addressed to the Vice-President, resign his office.

• (b) The President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article 61.

• (c) The President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

Article 56(2) of Constitution president resignation

Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.

Article 57 of Constitution Eligibility for re-election

• A person who holds, or
• Who has held, office as President shall,
• subject to the other provisions of this Constitution,
• Be eligible for re-election to that office.

Constitution Article 58 Qualifications for election as President

(1) No person shall be eligible for election as
President unless he—

• (a) is a citizen of India,
• (b) has completed the age of thirty-five years, and
• (c) is qualified for election as a member of the House of the People.

(2) A person shall not be eligible for election as
President if he holds any office of profit under the
Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.

Office of profit meaning

This office of profit interpreted as the officer holding the officer as a position that bring him/her some financial gain, advantage or benifits. The amount of such profit is immaterial.

Office of profit does not defined in Constitution but through interpretation the meaning of it states.

Under Article 102(1) of Constitution, an mp is barred from holding any office of profit under the central or state government.

Explanation 58 of Constitution Qualifications for election as President

Explanation- For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.

Conditions of
President’s office Article 59 Constitution

Article 59(1) Constitution

• The President shall not be a member of either House of Parliament or of a House of the Legislature of any State,
• And if a member of either House of Parliament or of a House of the Legislature of any State be elected President,
• He shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.

Constitution Article 59(2)

The President shall not hold any other office of profit.

Article 59(3) Constitution

The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

Constitution Article 59(4)

The emoluments and allowances of the President shall not be diminished during his term of office.

Oath or affirmation
by the President Article 60 Constitution

Every President and every person acting as
President or discharging the functions of the President shall, before entering upon his office, make and subscribe

• in the presence of the Chief Justice of India or, in his absence, the senior most Judge of the Supreme Court available.

Procedure for impeachment of the President Article 61 of Constitution

Article 61(1) of Constitution

When a President is to be impeached for
violation of the Constitution, the charge shall be preferred by either House of Parliament.

Constitution Article 61(2)

• No such charge shall be preferred unless-

• (a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days’ notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and

• (b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.

Article 61(3) of Constitution

• When a charge has been so preferred by either House of Parliament,
• The other House shall investigate the charge or
• Cause the charge to be investigated
• And the President shall have the right to appear and to be represented at such investigation.

Constitution Article 61(4)

• If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated,
• Declaring that the charge preferred against the President has been sustained,
• Such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.

Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy Article 62 of Constitution

Article 62(1) of Constitution

An election to fill a vacancy caused by the
expiration of the term of office of President shall be completed before the expiration of the term.

Constitution Article 62(2)

• An election to fill a vacancy in the office of President occurring by reason of his death,
• Resignation or removal,
• Or otherwise shall be held as soon as possible after,
• And in no case later than six months from, the date of occurrence of the vacancy;
• And the person elected to fill the vacancy shall, subject to the provisions of article 56,
• Be entitled to hold office for the full term of five years from the date on which he enters upon his office.