Subject : Constitutional Law of India

President Election and Qualifications

SUBMITTED TO SUBMITTED BY
Ms. Divya Sharma Shivam - 2351110035
Assistant professor Vishal - 2351110048
ILSR, GLAU B.A. LLB
 TABLE OF CONTENTS

1. Introduction 2
Power and Responsibility

2. Research Objectives 3

3. Research Questions 3-4

4. Qualifications for President of India 4-7

Article 58 4
Article 56 5
Article 57 6

5. Elections for the president 7-8

6. Manner of the Elections 8-9

7. Value of vote and its calculations 9

8. Case study 9-11

9. Summary 11

10. Conclusion 12

11. Bibliography 13

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 INTRODUCTION
The President of India holds the highest constitutional position in the country and
serves as the head of state. The role is largely ceremonial, but it holds significant
symbolic importance. Here's a brief introduction:

Election and Term : The President is elected indirectly by an electoral college

consisting of elected members of both houses of Parliament (Lok Sabha and Rajya
Sabha) and the elected members of the Legislative Assemblies of States and Union
territories. The term of office is five years.

Powers and Responsibilities:

1. Executive Powers: The President appoints the Prime Minister and other
ministers on the advice of the Prime Minister, and also appoints the Chief
Justice of India and other judges of the Supreme Court and High Courts.

2. Legislative Powers: The President addresses both houses of Parliament and

also has the power to summon and prorogue either house of Parliament and
dissolve the Lok Sabha.

3. Financial Powers: All money bills are presented in Parliament with the
President's recommendation.

4. Diplomatic Powers: The President represents India in international affairs and

receives ambassadors and high commissioners from other countries.

5. Emergency Powers: During times of emergency, the President can declare a

state of emergency, either constitutional (President's Rule) or national (National
Emergency).

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Role in Government: While the President's powers are extensive on paper, in practice,
they operate on the advice of the Council of Ministers led by the Prime Minister. The
President acts as a ceremonial figurehead, upholding the unity and integrity of the
nation.

RESEARCH OBEJECTIVES

 To analyze the impact of demographic factors on voting behavior in

presidential elections.
 To assess the effectiveness of different campaign strategies in influencing voter
preferences and election outcomes.
 To investigate the role of media coverage in shaping public opinion and voter
perceptions during presidential campaigns.
 To examine the influence of political parties and coalitions on presidential
election outcomes and government formation.
 To develop predictive models for forecasting presidential election results based
on various socio-political factors.
 To evaluate the transparency and integrity of presidential elections, with a
focus on issues such as campaign finance, voter registration, and election
administration.
 To compare presidential election processes and outcomes across different
countries and regions, identifying commonalities and differences.
 To explore the potential impact of electoral reforms on the fairness,
inclusiveness, and legitimacy of presidential elections.
 To investigate the role of social media and digital technologies in shaping
political discourse and mobilizing voters during presidential campaigns.
 To examine the long-term trends and dynamics of presidential elections,
including changes in voter behavior, party alignments, and campaign strategies
over time.

RESEARCH QUESTIONS

1. How does social media affect political mobilization and voter engagement in
presidential campaigns?

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 2. How do demographics like age, gender, and education influence voting choices
in presidential elections?
3. What role do political parties and alliances play in determining presidential
election outcomes?
4. What are the main challenges to fairness and transparency in presidential
elections, and how can they be addressed?
5. How does social media affect political mobilization and voter engagement in
presidential campaigns?

QUALIFICATIONS FOR PRESIDENT OF INDIA

Article 58 of the Constitution of India outlines the qualifications required for a person
to be eligible for election as the President of India. Here's a detailed description of the
article:

1. Citizenship Requirement: According to Article 58(a), the first qualification for

the presidency is that the candidate must be a citizen of India. This requirement
ensures that only Indian citizens are eligible to hold the highest constitutional
office in the country.

2. Age Criterion: Article 58(b) stipulates that the candidate must have attained the
age of thirty-five years. This age requirement ensures that the President is
mature and experienced enough to discharge the duties of the office effectively.

3. Eligibility for Membership of the House of the People (Lok Sabha) : Article
58(c) specifies that the candidate must be qualified for election as a member of
the Lok Sabha, which is the Lower House of Parliament. This means that the
candidate must fulfill the eligibility criteria for becoming a member of
Parliament, such as being a citizen of India, not holding any office of profit
under the Government of India, not being of unsound mind, not being an
undischarged insolvent, and not being convicted of certain criminal offenses.

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 4. Disqualification for Holding Office of Profit: The second part of Article 58
prohibits individuals from being eligible for election as President if they hold
any office of profit under the Government of India, a state government, or any
local or other authority subject to the control of either of these governments.
This provision aims to ensure that the President remains independent and
impartial, free from any conflicting interests or obligations.

Overall, Article 58 of the Constitution lays down the essential qualifications that a
candidate must possess to be eligible for election as the President of India. These
qualifications are designed to ensure that the President is a person of integrity,
maturity, and competence, capable of fulfilling the responsibilities of the highest
constitutional office in the country.

Also, Article 56 of the Constitution of India outlines the term of office of the
President of India and related matters. Here's a detailed explanation:

1. Term of Office: Article 56 establishes that the President shall hold office for a term
of five years from the date on which they enter upon their office. This five-year term
begins from the moment the President takes the oath of office.

2. Eligibility for Re-election: The article also stipulates that the President is eligible
for re-election for any number of terms. This means that a President can serve
multiple terms if re-elected by the electoral college.

3. Vacation of Office: The President's term of office may end prematurely under
certain circumstances, including:

- Resignation: The President may resign from office by addressing a resignation

letter to the Vice President.

- Removal: The President may be removed from office through impeachment by

Parliament for violation of the Constitution.

- End of Term: The President's term ends after five years, unless re-elected.

- Death: The President's term ends upon death.

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4. Succession: In the event of a vacancy in the office of the President due to
resignation, removal, death, or otherwise, the Vice President assumes the duties of the
President until a new President is elected.

5. Oath or Affirmation: Before entering upon the office, the President must take and
subscribe to an oath or affirmation before the Chief Justice of India or, in their
absence, the senior-most Judge of the Supreme Court.

Article 56 ensures the stability and continuity of the highest office in India by
specifying the term of office for the President, provisions for re-election, and
procedures for the vacation of office in case of various circumstances.

Also, Article 57 of the Constitution of India deals with the eligibility for re-election of
the President. Here's a detailed explanation:

1. Eligibility for Re-election: Article 57 specifies that a person who holds, or who has
held, the office of President is eligible for re-election to that office. This means that a
former President of India can stand for re-election and serve another term in office if
elected by the electoral college.

2. No Limit on Number of Terms: There is no limit on the number of terms a person

can serve as President of India. Therefore, a former President who is re-elected can
potentially serve multiple terms in office, provided they are elected by the electoral
college.

3. Conditions for Re-election: The eligibility for re-election applies to any person who
has previously held the office of President, regardless of whether they have served a
full term or a partial term. As long as they meet the other qualifications for the office
outlined in the Constitution, they can stand for re-election.

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4. Process of Re-election: The process for re-election of the President follows the
same procedures as the initial election, wherein the electoral college consisting of
members of both Houses of Parliament and members of the Legislative Assemblies of
States and Union territories votes to elect the President.

Article 57 ensures that former Presidents of India who have served their terms
effectively and are eligible for re-election can continue to serve if re-elected by the
electoral college, providing continuity and stability in the highest office of the
country.

ELECTIONS OF THE PRESIDENT

Article 54 of the Constitution of India deals with the election of the President. Here's a
detailed description of the article:

1. Election by an Electoral College: Article 54 specifies that the President of India

shall be elected by an electoral college consisting of:

- Elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha).

- Elected members of the Legislative Assemblies of States.

2. Value of Votes: Each elected member of the Legislative Assembly of a State and
each member of Parliament is allocated a certain number of votes. The value of votes
of the members of the electoral college is determined in proportion to the population
of the respective states and the number of elected members of Parliament.

3. Method of Election: The election of the President is conducted by means of a single

transferable vote. This means that voters rank their preferences among the candidates,
and if no candidate receives an absolute majority of votes in the first count, then
subsequent rounds of counting are conducted, and votes of candidates with the least
support are transferred to the remaining candidates until one candidate secures an
absolute majority.

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4. Secret Ballot: The election is conducted by secret ballot, ensuring the
confidentiality of the voting process.

5. Presiding Officer of the Election: The election of the President is conducted under
the supervision of the President of the Rajya Sabha or the Speaker of the Lok Sabha,
depending on who is present. If neither is present, then one of the members chosen by
the members present acts as the presiding officer.

Overall, Article 54 establishes the procedure for the election of the President of India
by an electoral college comprising members of Parliament and the State Legislative
Assemblies, ensuring a democratic and representative process for selecting the head of
state.

MANNER OF ELECTION OF PRESIDENT

Article 55 of the Constitution of India pertains to the manner of election of the

President. Here's a breakdown of its contents:

1. Method of Election: Article 55 establishes that the President shall be elected by an

electoral college, which consists of elected members of both Houses of Parliament
(Lok Sabha and Rajya Sabha) and elected members of the Legislative Assemblies of
States. This electoral college is responsible for the election of the President.

2. Value of Votes: Each member of the electoral college is allocated a certain number
of votes. The value of votes is determined based on the population of the respective
states or territories represented by the members of the electoral college, as well as the
number of elected members of Parliament.

3. Secret Ballot: The election of the President is conducted by means of a secret ballot.
This ensures the confidentiality of the voting process and allows members of the
electoral college to vote according to their conscience without fear of reprisal or
influence.

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4. Presiding Officer: The election of the President is conducted under the supervision
of the President of the Rajya Sabha (Upper House of Parliament) or the Speaker of the
Lok Sabha (Lower House of Parliament), depending on who is present. If neither is
available, one of the members chosen by the members present will act as the presiding
officer.

Article 55 outlines the fundamental principles governing the election process of the
President of India, ensuring a democratic and representative system where both the
national and state legislatures have a role in selecting the head of state.

What is the value of each vote and how is it calculated?

 A vote cast by each MP or MLA is not calculated as one vote.

 The fixed value of each vote by an MP of the Rajya Sabha and the Lok
Sabha is 700.
 Meanwhile, the vote value of each MLA differs from State to State based on
a calculation that factors in its population vis-a-vis the number of
members in its legislative Assembly.
o As per the Constitution (Eighty-fourth Amendment) Act 2001, currently,
the population of States is taken from the figures of the 1971 Census. This
will change when the figures of the Census taken after the year 2026 are
published.
 The value of each MLA’s vote is determined by dividing the population of
the State by the number of MLAs in its legislative Assembly, and the quotient
achieved is further divided by 1000.
o Uttar Pradesh for instance, has the highest vote value for each of its
MLAs, at 208. The value of one MLA’s vote in Maharashtra is
175, while that in Arunachal Pradesh is just 8.

CASE STUDY

One notable case study related to the election of the President of India is the 2017
presidential election, which saw the election of Ram Nath Kovind as the 14th
President of India. Here's an overview of the election and its significance:

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Background:
- The tenure of the 13th President of India, Pranab Mukherjee, was set to end
on July 24, 2017, necessitating the election of a new President.
- Pranab Mukherjee had served as President since July 25, 2012, and he was
not eligible for re-election as per the term limits outlined in the Constitution.

Candidates:
- The two major candidates in the 2017 presidential election were:
- Ram Nath Kovind: Nominated by the ruling Bharatiya Janata Party (BJP)
and its allies. Kovind had served as the Governor of Bihar before his
nomination.
- Meira Kumar: Nominated by the Indian National Congress and other
opposition parties. Kumar was a former Lok Sabha Speaker and a prominent
leader within the Indian National Congress.

Election Process:
- The election was conducted by an electoral college comprising members of
both Houses of Parliament (Lok Sabha and Rajya Sabha) and members of the
Legislative Assemblies of States and Union territories.
- Ram Nath Kovind secured a comfortable victory in the election, receiving
65.65% of the valid votes cast.
- Kovind's victory was seen as significant, as he became the second Dalit (a
historically marginalized community in India) to be elected as President of
India, after K.R. Narayanan.

Significance:
- Ram Nath Kovind's election as President marked a historic moment for the
representation of marginalized communities in Indian politics.
- The election underscored the BJP's political strategy of nominating
candidates from socially disadvantaged backgrounds to key positions, aimed at
broadening its electoral base and appealing to diverse voter constituencies.
- The election also highlighted the role of regional political parties in shaping
the outcome of presidential elections, as their support was crucial in securing
victory for the nominated candidate.

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 The 2017 presidential election in India serves as a compelling case study of the
intersection of politics, identity, and electoral dynamics in the world's largest
democracy. It showcases the significance of presidential elections in India's
political landscape and the evolving dynamics of coalition politics and social
representation.

SUMMARY

Election Process:

- The President of India is elected by an electoral college comprising elected members

of both Houses of Parliament (Lok Sabha and Rajya Sabha) and elected members of
the Legislative Assemblies of States and Union territories.

- The election is conducted by means of a single transferable vote and a secret ballot.

- The value of votes of members of the electoral college is determined based on the
population of the respective states or territories they represent and the number of
elected members of Parliament.

- The election process is presided over by the President of the Rajya Sabha or the
Speaker of the Lok Sabha, or by a member chosen by the members present if neither
is available.

Qualifications:

- Article 54 of the Constitution of India mandates that the President shall be elected by
the electoral college.

- Article 55 specifies the composition of the electoral college and the method of
election.

- Article 58 outlines the qualifications required for a person to be eligible for election
as President, including citizenship, minimum age of thirty-five years, eligibility for
membership of the Lok Sabha, and not holding any office of profit under the
Government of India, a state government, or any local or other authority subject to the
control of either of these governments.

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 CONCLUSION

The election process and qualifications for the President of India are enshrined in the
Constitution of India, reflecting the principles of democracy, representation, and
accountability. The electoral process ensures the participation of both the national and
state legislatures in the selection of the head of state, while the qualifications criteria
aim to ensure that the President is a person of integrity, maturity, and competence
capable of fulfilling the responsibilities of the highest constitutional office in the
country. Together, these provisions form the cornerstone of India's democratic
governancen and political system.

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 BIBLIOGRAPHY
1. https://www.drishtiias.com/printpdf/indian-presidential-election
2. https://www.advocatekhoj.com/library/bareacts/constitutionofindia/
55.php?Title=Constitution%20of%20India,%201949&STitle=Manner
%20of%20election%20of%20President
3. https://www.constitutionofindia.net/articles/article-58-qualifications-for-
election-as-president/
4. https://legislative.gov.in/constitution-of-india/
5. https://ceoharyana.gov.in/Website/ELECTIONCOMMISSION/Images/
cc770de3-95f3-45a0-a55c-713e54f18134.pdf
6. https://testbook.com/question-answer/a-person-to-be-eligible-for-election-
as-president--5efc8026d719730d15dbb69f

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