President Election in India | President of India | UPSC Polity Notes

The President of India is the head of the Indian state and is also the first citizen of India. Article 52 of the Indian Constitution mentions that there shall be a President of India. The incumbent President of India is Shri Ram Nath Kovind who is the 14th President of India.

The detailed information about the election of the president in India and articles related to the President of India will be discussed in this article. The President is an integral part of the union executive along with the Vice President, Prime Minister, the council of ministers and attorney journal and hence is extremely important for UPSC Exam.

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Important Articles Related to President & President Election in India 

The President is the symbol of solidarity, unity, and integrity of the nation. Below is the list of all the important articles related to the president of India which are frequently asked in the UPSC exam and other government exams. 

Article

Description

Article 52

There shall be a President of India.

Article 53

Executive Power of the Union

Article 54 

Election of President

Article 55

Manner of election of President

Article 56

Term of office of President

Article 57 

Eligibility for re-election

Article 58

Qualifications for election as President

Article 59

Conditions of President's office

Article 60

Oath or affirmation by the President

Article 61

Procedure for impeachment of the President

Article 62

Time of holding election to fill vacancy in the office of president and the term of office or person elected to fill casual vacancy

Article 70 

Discharge of President's functions in other contingencies

Article 71

Matters relating to, or connected with, the election of a President or Vice-President

Article 72

Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases

Article 74

Council of Ministers to aid and advise President

Article 75

Other provisions as to Ministers

Article 87 

Special address by the President

Article 123

Power of President to promulgate Ordinances during recess of Parliament

Article 143

Power of President to consult Supreme Court

Article 352

National Emergency

Article 356

President's rule

Article 360

Financial Emergency

President Election in India

Article 54 mentions that there shall be an election for the President of India. 

The President of India is elected indirectly by the single-transferable voting system. The President is elected by an electoral college consisting of elected representatives of the government that form the government after being elected in the state assembly and national elections. The nominated members of both the houses and state legislatures are not allowed to vote in the presidential election. Hence the electoral college of the presidential election consists of:

  • Lok Sabha and Rajya Sabha

  • Legislative Assemblies of the states 

  • Legislative Assemblies of the Union Territories of Delhi, Jammu & Kashmir  and Puducherry (Since 1992 through 70th Constitutional Amendment Act)


Article 55 states the manner of the election of the President. It states that:

  • The president is elected indirectly by an electoral college.

  • The election shall be done by a secret ballot.

  • The election shall be held in accordance with the system of proportional representation by means of a single transferable vote. 

Value of Vote of MP and MLA in President Election in India

The value of the vote of each MP and MLA differs in accordance with the number of members in their legislative body. Further, each elector casts a different number of votes. The general principle is that the total number of votes cast by Members of parliament equals the total number of votes cast by State Legislators. Also, legislators from larger states cast more votes than those from smaller states

Process of Election of President in India

Nomination

The nomination of a candidate for election to the office of the president must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Each candidate has to make a security deposit of ₹15,000 (US$210) in the Reserve Bank of India.[44] The security deposit is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled.

Election Process

The election is held in accordance with the system of proportional representation by means of the single transferable vote (STV) method wherein the preferential voting system is followed. It takes place by a secret ballot system. The electoral college for president election comprises of elected members of Lok Sabha, Rajya Sabha and State Legislative Assemblies of all states and Delhi, Jammu & Kashmir and Puducherry. 

Important Points - President of India

Some of the important points that are frequently asked in the UPSC exam and other government exams from President and President Election are discussed below:

Eligibility to hold the office of President of India

  • He should be an Indian Citizen

  • His age should be a minimum of 35 years

  • He should qualify the conditions to be elected as a member of the Lok Sabha

  • He should not hold any office of profit under the central government, state government, or any public authority

Term of Office of President of India

Once elected, the president holds the office for a period of five years. 

Oath by

Chief Justice of India

Resignation to

Vice President of India

Re-election

A person is eligible for reelection to the office of President.

Disputes Regarding the Election of President are challenged in

Supreme Court of India

Immunities Enjoyed by President

  • The President of India can never be arrested or imprisoned.

  • The President of India enjoys personal immunity from legal liability for his official acts.

Impeachment

Can be done only on the grounds of violation of the constitution. 

Impeachment Process of the President of India

The impeachment process of the President of India is a quasi-judicial process. Article 61 describes the process of impeachment of the President of India:

  • The President can be removed from office by the process of impeachment only on the grounds of violation of the constitution. 

  • The impeachment process can be started from any house of the parliament by levelling charges against him. 

  • All the members of the parliament (elected + nominated) takes part in the impeachment process.

  • The notice bearing the charges against the president must be signed by at least a quarter of the members of the house. 

  • Then, the notice is sent to the president of India and within 14 days the process of impeachment starts. 

  • The resolution to impeach the president must be passed by a special majority (two-thirds) in the originating house. 

  • Next, it is sent to the other house for consideration. The other house acts as the investigating horse. A select committee is formed to investigate the charges labelled against the president. 

  • During the process, the President of India has the right to defend himself through authorised counsel. He can choose to defend himself or appoint any person/lawyer or attorney general of India to do so.

  • After the investigation by the select committee, if the other house also passes the resolution by a two-thirds majority, the President of India stands impeached, 

This is a brief overview of the President Election for the UPSC Civil Services Examination. This topic is extensively discussed in our General Studies course for the UPSC Civil Services exam. 

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