ELECTION OF PRESIDENT BY YOGYA BHATIA @LexCliq

Election of President of India

 

Composition of an electoral college

The electoral college consists of

  • The elected members of the Legislative Assemblies of the States.
  • The elected members of both the Houses of Parliament.

Composition of Legislative Assemblies of the States

  • Legislative Assemblies of each States shall consist of members not less than sixty and it should not be more than five hundred. This is regulated according to the provision of Article 333 of the Indian Constitution.

Composition of the Council of States

  • The President nominates twelve members based on skill or knowledge in literature, science, arts, and social service.
  • Two hundred and thirty-eight representatives from the States as well as Union Territory.

Composition of the House of the People

  • Five hundred and thirty members from territorial constituencies in the States who are chosen by direct election. The number of members should not exceed.
  • Twenty members from Union Territories, who are chosen by the President according to the law. The number of members should not exceed.

Qualifications for president of India

Article 38 lays down the qualification required to be eligible for the President of India. The following criteria are:

  • The person shall be a citizen of India.
  • He should have attained the age of 35 years
  • He must have qualified for election as a member of the House of the Parliament.
  • When a person is holding an office of profit under the Government of India, or Government of any other State or under any local authority, then he won’t be eligible for the election of President.
  • But the holder of certain offices are exempted from this provision.
  1. The President and Vice President
  2. The Governor
  3. Minister of Union as well as Minister of any State

Process of the election of the president of India

Uniformity in the scale of representation of states

  • The proportionality between the value of the vote of an MLA to the population of that state is maintained.

Value of vote of an MLA= total no.of population of the particular state/ number of elected MLAs of that state divided by 1000.

 The balance between the votes of MPs and MLAs

  • To maintain the balance between the State and the Union, it has been formulated that the total value of votes of MPs should be equal to MLAs.

Single vote system

  • Each voter has the right to cast only one vote
  • The value of the vote of an MLA is variable and it varies from state to state.
  • The value of the vote of MP always remains constant.

Fixed quota

  • A winning quota is set up for the candidates.
  • Whoever reaches the quota or exceeds it is declared as the winner.
  • Formula

Winning qouta= total number of poll/ no.of seats + 1

Preference by electors

  • In this type of election, the voter casts his vote in accordance with his preference
  • The vote goes to the first preference.
  • But if the first preference candidate fails to touch the winning quota and if any of the candidates did not touch the winning quota, then the vote goes to the second preference

Transfer of votes

  • When after the count of the first preference vote is done and there is no winning candidate.
  • Then the candidate who secured the lowest vote is eliminated.
  • And after the elimination, the vote is transferred to the remaining candidates.

Proportional representation

  • As per Article 55(3) of Indian Constitution the President of India is to be elected by proportional representation by the means of the single transferable vote.
  • Minority parties, as well as independent candidates, are given a chance of representation and their chances of ruling increases. Thus, new changes are made in the system with evolution in the welfare of society as well as people.
  • It provides the system of the coalition government. According to it under one government more number of voters can be represented.
  • It is better than the ordinary straight voting system. Because in this system the candidates who are elected can’t represent the majority of the electorate’s opinion

 

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