HOW INDIAN PRESEDENT IS ELECTED
ELECTION OF THE PRESIDENT IN INDIAN
DEMOCRACY
Before
I start with the Subject a brief statement of the people who were responsible
in drafting the Indian Constitution. Our
CONSTITUTION was drafted by the constituent Assembly who were elected by the
elected members 0f provincial assemblies. In fact , ours is not original but
borrowed from many constitutions of the World, so that it will be the best of
constitutions. . I do not like to
mention the names of all members but few, who were instrumental to make one of
the Biggest Constitution Dr. B.R.AMBEDKAR, SRI. C. RAJAGOPALACHARI, PUNDIT JAWAHARLAL NEHRU,
DR. RAJENDRA PRASAD, SARDAR VALLABHAI PATEL, DR. SHYAMAPRASAD MUKHERJEE, MRS.
SAROJINI NAIDU, MRS.VIJAYA LAKSHMI PUNDIT, MOULANA ABDUL KALAM AZAD, 30 members of
Scheduled castes, SRI FRANK ANTONY who represented Anglo Indians, Sri. H.P.MODI
who represented PARSIS, SRI. COOMER who represented CHRISTIAN COMMUNITY. Thus you find almost all communities were
represented.
Friends,
ours is one of the rarest and best constitutions ever produced, although many
amendments are made, some to suit the government in power. This came into force
from 26th January,1950.
The president of
India is the Head of our INDIAN REPUBLIC. He is the FORMAL HEAD of the Indian
Legislature , The FORMAL head of the Executive and Judiciary and the COMMANDER
– IN – CHIEF of the Armed Forces. He is also vested with the powers to PARDON A
CRIMINAL AND GRAND CLEMNCY.
President of
India is elected by the Elected members of PARLIAMENT i.e. LOK SABHA AND RAJYA SABHA and the STATE
VIDHANA SABHAS.
As per Article 54 of our Indian Constitution
Article
52 states that there shall be a President of India. The executive powers of the
Union shall be vested in the President. He, as the head of a state, symbolises
the nation. In some democratic systems, the head of the state is also the head
of the government and, therefore, he will also be the head of the political
executive. The US Presidency represents this form. In Britain, the monarch is
the symbolic head, representing the British nation. The powers of the
Government are vested in the political office of the Prime Minister. In Indian
Parliamentary democracy we have adopted the latter form. The President of India
is the first citizen and represents the Indian nation and does not, therefore,
belong to any particular political party. He is elected by the representatives
of the people through an Electoral College.
Article
54 of the constitution says: That the PRESEDENT SHALL BE ELECTED BY (a) THE MEMBERS OF THE ELECTROL COLLEGE
CONSISTING OF the BOTH HOUSES OF PARLIAMENT; (b) BY THE ELECTED MEMBERS OF THE LEGISLTIVE ASSEMBLIES OF THE STATES
INLUDING NATIONAL CAPITAL TERRITORY OF DELHI AND THE UNION TERRITORY OF
PONDICHERRY VIDE AMENDMENT ACT 1993 (constitution amendment act #70 OF 1992).
We the
citizens have no game to play in this Election. In effect The President Of
India is elected by PROPORTIONAL SYSTEM OF REPRESENTATION, BY SINGLE
TRANSFERABLE VOTE as per Article 55-(3) of our CONSTITUTION.
WHILE
THE SYSTEM OF ELECTION OF PRESIDENT IN U.S. A. is direct. In INDIA IT IS INDIRECT. OUR SYSTEM
OF ELECTION IS UNIQUE and no other country has such a system. Since, those who framed OUR CONSTITUTION,
wanted to make the office of the President broad-based, they included the
elected members of the STATE ASSEMBLIES also, so that it can be said the
election is not by one party but by different parties since the assemblies need
not be by the party in the centre.
However,
our experience show that The election of the President is not free from VOTE
BANK POLITICS.
“Procedure
for the Election of the President
The
Constitution provides for the election of the President by the system of
proportional representation by means of the single transferable vote. The
Constitution also provides for weighting of votes in the election of the
President based on two fundamental principles. First, to secure as far as
possible, uniformity in the scale of representation of different States of the
Union, which emphasises the similarity in the status of the States of the
Union. And secondly, to secure parity between the States as a whole and the
Union in order to work up the idea of federal compact. For the purpose of
securing such uniformity and parity the following method is laid down. this
method makes the Presidential election complicated.
In order
to secure uniformity in the scale of representation of the different States it
is provided that every elected member of the Legislative Assembly (Vidhan Sabha)
of a State has to cast 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 elected members of the Assembly, and if, after taking the said
multiples of one thousand, the remainder is not less than five hundred, the
votes of each member referred to above are further increased by one. To put it
in simpler words, each member of the electoral college who is a member of a
State Legislative Assembly will have a number of votes calculated as follows:
Total Population of the State
-------------------------------------------------------------------------
Divided by 1000
Total number of elected members in the Legislative
Assembly.
Fractions exceeding one half being counted as one.
The following illustrations explain the method of
calculation:
(i)
"The population of Andhra Pradesh is 43,502,708. Let us take the total
number of elected members in the Legislative Assembly of Andhra Pradesh to be
294. To obtain the number of votes which each such elected member will be
entitled to cast at the election of the President we have first to divide
43,502,708 (which is the population) by 294 (which is the total number of
elected members), and then to divide the quotient by 1,000. In this case the
quotient is 147,968.3945. The number of votes which each such member will be
entitled to cast would be 147,968.3945/1000 i.e. 148.
(ii)
Again, the population of Punjab is 1,35,51,060. Let us take the total number of
elected members of the Legislature of Punjab to be 117. Now applying the
aforesaid process, if we divide 1,35,51,060 (i.e. the population) by 117 (i.e.
the total number of elected members), the quotient is 115821.0256. Therefore,
the number of votes which each member of the Punjab Legislature would be
entitled to cast is 115,821.0256/1000 i.e. 116.
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.
Total number of votes assigned to the elected members
of the State Assemblies
-----------------------------------------------------------------------------------------------
Total number of elected members of both Houses of
the Parliament
Fractions exceeding one-half being counted as one.
For the
Presidential election, the population of a State is taken to be the population
at the last preceding census.
Proportional
Representation
Article
55(3) of Indian Constitution requires that the President should be elected in
accordance with the system of proportional representation by means of the
single transferable vote.
The
underlying principle of proportional representation is to prevent the exclusion
of minorities from the benefits of the State, and to give each minority group
an effective share in the political life. The aim of proportional
representation is to give every division of opinion among electors
corresponding representation in national or local assemblies. In the ordinary
mode of election known as "straight voting system", what happens is that
a candidate getting the support of the numerically largest group is elected,
although the combined strength of all other candidates representing different
other parties may far out-number his supporters. The result is that the elected
candidate cannot be said to represent the opinion of the majority of the
electorate as a whole. The following illustrations will amply reveal this fact.
In Nandigram South (Midnapore) constituency of the
West Bengal State, the following is the ledger of polling:
P.C. Jena (Congress) 15,320
Bhupal Panda (Communist Party) 14,926
I.C. Mahapatra (Jan Sangh) 5,204
K.L. Bera (KMPP) 3,184
38,634
It may be
noticed that though 23,314 people voted against the Congress and only 15,320 in
favour of it, yet the seat went to Congress.
This kind
of anomaly is sought to be avoided by the system of Proportional
Representation, and it is claimed that if this system is practised all the
parties or shades of political opinion amongst the electorate will secure the
number of seats in the elected body according to their respective strength
amongst the electorate.
How
the Single Transferable Vote System Works
The best
known form of Proportional Representation is that of the "Single
Transferable Vote", which means that each elector has only one vote, irrespective
of the number of seats to be filled up. For instance, if there are six seats to
be filled up, the elector does not cast six votes but indicates six successive
preferences, by marking his first preference and the succeeding preferences
with the appropriate numerals against the name of candidates printed on his
ballot paper.
Quota
of Votes
In the
ordinary straight voting system a candidate who secures the highest number of
votes is declared elected, while under the Proportional Representation system
any member who secures the necessary quota of votes is declared elected. There
are several ways of finding out the quota, but the most common method is to
divide the total number of valid votes cast by the total number of seats in the
constituency plus one and add one to the quotient. The formula may be
represented as follows:
Total number of valid votes cast
Quota =
----------------------------------------------------------- +1
Total number of seats to be filled +1
Supposing
there are 100 valid voting papers and four seats are to be filled up. In order,
therefore, to determine the quota 100 is divided by 4 plus 1, i.e. 5 and the
quotient arrived at, namely 20, is increased by one so that the quota is 21.
After the quota is fixed, any candidate whose total number of first preference
votes is equal to or exceeds the quota is forthwith declared elected.
Distribution
of Surplus Votes
Each
successful candidate's surplus votes of first preferences which are now of no
use to him, are transferred to other candidates proportionately to the second
preferences indicated on the whole of his papers (except that the second
preferences shown for any other candidate already elected are ignored and the
third preferences on those papers taken instead). The point is that every vote
shall be made effective and not allowed to go waste, while under the ordinary
system of representation, the votes of many electors are of no use.
Elimination
of the Bottom Candidate
If all
the seats are filled upon this second count, the election is completed. But if
all the required number of candidates do not reach the quota by the
distribution of surplus first preferences votes of the candidates who have
received more than the quota, the process is reversed by dropping out the
candidate who has the least number of first preferences. The whole of his votes
are transferred to the other not yet elected candidates in accordance with the
next available preferences shown on his papers (next available means next excluding
candidates already elected). If this does not suffice to fill the remaining
seat or seats, the process is repeated by the exclusion of the candidate now at
the bottom of polls and the transfer of his votes as a whole in accordance with
the next available preferences shown on his papers. Eventually in this way all
seats are filled.
Irrespective
of the fact that a number of seats may have to be filled, this system
postulates one vote for each voter with the reservation that this single vote
is transferred to other candidates. This is the reason why this system is known
as "single transferable vote system."
The
question of proportional representation in one sense can arise only in a
multiple-member constituency when there are several seats to be filled up. In
that case, the surplus votes are transferred to or distributed amongst the
different candidates in order to get the number of members required to be
elected, according to the procedure indicated above. Under the Constitution of
India members of the Upper House of Parliament and of the State Legislature are
elected according to the above formula.
How
Proportional Representation Works in the Election of the Indian President
In the
case of the election of the President and the Vice-President there is, however,
only one member to be elected. In this case, the Government of India has,
nevertheless, prescribed the manner in which the proportional representation is
to work. The method prescribed is generally known as the "alternative
vote" in a single-member constituency. The following illustration would
explain it more fully.
The total
number of valid votes is 15,000 and there are four candidates, A,B,C,D.
Suppose, they have polled votes as follows:
A ..... ..... ..... ..... 5,250
B ..... ..... ..... ..... 4,800
C ..... ..... ..... ..... 2,700
D ..... ..... ..... ..... 2,250
In the
ordinary system of election by simple majority vote, A would be elected
forthwith since a voter in this system marks only one preference and as such no
question of counting any further preferences, say the second or the third,
arises. In the case of the "alternative vote system" it is, however,
not so, as it may be that the second best candidate may be declared elected, as
against the candidate who might have secured the majority of first preference
votes. In the illustration mentioned above the quota will be -
15,000
-------- +1 = 7501
1 + 1
No
candidate who secures less than 7,501 votes can, in this case of election
through the system of proportional representation, be elected. It thus follows
that if a candidate is able to secure 7,501 or more first preference votes in
his favour, he is immediately declared elected and there does not remain any
need to take a second or subsequent count. But if, as in the given case, no
candidate has secured this quota, the subsequent preferences have to be
counted, until a candidate securing the prescribed limit of votes is found out.
The Presidential and Vice-Presidential Election Rules 1952 prescribes the
procedure for counting up the subsequent preferences as follows:
"-
If at the end of the first or any subsequent count, the total number of votes
credited to any candidate is equal to, or greater than, the quota, or there is
any one continuing candidate, that candidate is declared elected.
- If at
the end of any count, no candidate can be declared elected -
(a)
exclude the candidate who upto that stage has been credited with the lowest
number of votes;
(b)
examine all the ballot papers in his parcel and sub-parcels, arrange the
unexhausted papers in sub-parcels according to the next available preferences
recorded thereon for the continuing candidates; count the number of votes in
each such sub-parcel and credit it to the candidate for whom such preference is
recorded; transfer the sub-parcel of all the exhausted papers; and
(c) see
whether any of the continuing candidates has, after such transfer and credit, secured
the quota. If, when a candidate has to be excluded under clause (a) above, two
or more candidates have been credited with the same number of votes and stand
lowest on the poll, exclude that candidate who has secured the lowest number of
first preferences votes, and if that number also was the same in the case of
two or more candidates, decide by lot which of them shall be excluded.
All
sub-parcels of exhausted papers referred to in clause (b) above, shall be set
apart as finally dealt with and the votes recorded thereon shall not thereafter
be taken into account."
It would,
therefore, be seen that in case where no member has obtained the quota votes
fixed for election, the prescribed method of transfer of votes follows a
process of elimination of the candidate who is at the lowest rung in the order
of polling according to the first preference and so on, till at last such a
candidate is found who has obtained the quota of votes or if there is no such
candidate, all candidates except one are, one after the other, eliminated from
the field. The candidate who survives the process of elimination is in such a
case returned as the President or Vice-President, as the case may be.
An
application of this process to the illustration given above would reveal that D
will be the first to be eliminated, and the second preferences recorded in the
2,250 ballot papers on which he has obtained the first preference will be
transferred to the remaining candidates, namely A, B, and C. Supposing in these
2250 ballot papers the second preferences are recorded as follows:-
In favour of A ..... ..... 300
B ..... ..... 1050
C ..... ..... 900
These
will be transferred and added to the first preferences in favour of A, B and C
as follows:-
A ..... 5,250 + 300 = 5,550
B ..... 4,800 + 1050 = 5,850
C ..... 2,700 + 900 = 3,600
Now in
the second count, therefore, C having obtained the last number of votes is
eliminated and 3,600 votes secured by him are once again transferred to A and B
in the order of third preferences recorded thereon. Suppose the third
preferences on the 3,600 ballot papers recorded in favour of A and B are 1700
and 1900 respectively the result of this second transfer would then be as
under:
A ..... 5,550 + 1,700 = 7,250
B ..... 5,850 + 1,900 = 7,750
B having,
therefore, in this case secured the quota of votes is elected and it is no
longer necessary to count the fourth preference. The illustration thus shows
that although B had secured lesser number of first preferences votes as
compared to A, yet B is elected by virtue of the second preferences obtained by
him. This apparently anomalous result is justified on the reasoning that if the
views of the electors are assessed through the doctrine of proportional
representation it is clearly revealed that B is preferred and supported by a
numerically larger number of electors than A and as such he is the one elected
by a majority.
The
present system of election for the President has been adopted under the
Constitution of India, in order to maintain the neutrality of the head of
State, which both the ceremonial functions in any federation and the specific
powers under a parliamentary system demand and also to render it acceptable to
as wide a body of opinion as possible. But it should be remembered that the
presidential office can be kept above political turmoils only if the majority
party at the Centre willingly consults minority parties also before a
nomination is announced. This is desirable because, despite the provision that
for the election of the President the votes of the members of Parliament be
equal to those of the Assemblies of all the States taken together, the
possibility cannot be set aside that State Legislatures may at any time be
dominated by parties other than the party in power at the Centre and in such a
case they might be able to defeat a nominee of the majority party at the
Centre.
TENTH
PRESIDENTIAL ELECTION, 1992
The term
of the Eighth President Shri R. Venkataraman was to expire on 24.07.1992. Tenth
Presidential Election was to be held before that date. The Electoral College
consisted of elected members of Lok Sabha (543), Rajya Sabha (233) and 25 State
Legislative Assemblies (3972). Thus the total electors were 4748.
Each
Member of Parliament had 702 votes and the number of votes for each Member of
the State Legislative Assemblies differed from State to State on the basis of
the population. The lowest value of votes was for the MLAs of Sikkim State (07)
and the highest value of votes was for the MLAs of Uttar Pradesh (208). The
value of votes was calculated on the basis of 1971 census. At the time of this
election the Legislative Assemblies of J&K and Nagaland were under
dissolution.
Following were the number of votes polled by the
candidates:-
1. Dr Shanker Dayal Sharma 6,75,864
2. Shri G.G. Swell 3,46,485
3. Shri Ram Jethmalani 2,704
4. Kaka Joginder Singh Urf Dharti-Pakad 1,135
--------------
TOTAL 10,26,188
Dr
Shankar Dayal Sharma was declared elected by the Returning Officer on
16.07.1992. He assumed office on 25.07.1992.”
____________________________________________
