Article 54

Article 54 of the Indian Constitution defines the procedure for the election of the President of India, ensuring that the process reflects the federal and democratic character of the Indian political system. The article provides for an indirect election, where the President is chosen not by the general public but by an Electoral College representing both the Union and the States, symbolising the unity and integrity of the nation.

Text of Article 54

Article 54 states:“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:For the purposes of this article and Article 55, the term “State” includes the National Capital Territory of Delhi and the Union Territory of Puducherry.
This provision ensures the participation of both the Union and the States in electing the President, reinforcing the federal structure of Indian democracy.

Constitutional Context and Significance

The election process under Article 54 embodies India’s cooperative federalism. While the President serves as the constitutional head of the Union, the participation of State representatives in the Electoral College ensures that States play an important role in choosing the head of the Republic.
Unlike a hereditary monarchy, as in the United Kingdom, or a directly elected executive President, as in the United States, India’s model provides for a parliamentary system with an indirectly elected President, ensuring a balance between democratic legitimacy and federal representation.

Composition of the Electoral College

The Electoral College for electing the President comprises:

• Elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
• Elected members of the Legislative Assemblies of the States and certain Union Territories, namely:
  • The National Capital Territory of Delhi, and
  • The Union Territory of Puducherry.

Exclusions:

• Nominated members of Parliament and State Legislative Assemblies are not part of the Electoral College.
• Members of Legislative Councils in states with bicameral legislatures are also excluded.

This composition ensures that the election is both representative and federal, as it involves elected representatives from all levels of governance.

Nature of the Election

The election of the President is indirect, conducted in accordance with the principle of proportional representation by means of the single transferable vote system (STV). This ensures fairness and equal representation between the Union and the States.
The election is conducted by the Election Commission of India (ECI), which ensures that the process is free, fair, and impartial.

Voting Procedure

1. Secret Ballot:Voting is conducted through a secret ballot to ensure independence and freedom of choice for electors.
2. Preferential Voting:Each elector indicates preferences by marking numbers (1, 2, 3, and so on) against the names of candidates.
3. Proportional Representation:Votes are counted and transferred according to preferences to ensure that the result reflects proportional representation between States and the Union.

Value of Votes

The value of each vote in the Electoral College is designed to maintain parity between the Union and the States.
For Elected Members of State Legislative Assemblies:The value of an MLA’s vote is calculated using the formula:
Value of MLA’s vote=Population of the StateNumber of elected MLAs×1000\text{Value of MLA’s vote} = \frac{\text{Population of the State}}{\text{Number of elected MLAs} \times 1000}Value of MLA’s vote=Number of elected MLAs×1000Population of the State​
The population figures are based on the 1971 Census, as fixed by the 84th Constitutional Amendment (2001) to ensure consistency and fairness.
For Elected Members of Parliament:The total value of all MLA votes from all States is divided by the total number of elected MPs. This ensures equality between the Union and the States.
This system ensures that the President’s election reflects both national and regional representation, maintaining a federal balance.

Counting and Declaration of Results

The Election Commission of India conducts the counting of votes under the proportional representation system.

• Votes are transferred according to preferences until one candidate secures more than 50% of the total valid votes.
• The candidate who attains this majority is declared elected as the President of India.

This process ensures that the elected President commands broad-based support across the Union and the States.

Role of the Election Commission

Under Article 324, the Election Commission of India has complete authority to oversee, supervise, and control the entire election process. Its responsibilities include:

• Issuing notifications for the election.
• Supervising nominations, voting, and counting.
• Ensuring compliance with the Presidential and Vice-Presidential Elections Act, 1952.
• Resolving disputes regarding nominations or conduct of elections.

The ECI guarantees the integrity and transparency of the entire process.

Eligibility Criteria for the President

As specified in Article 58, a person is eligible for election as President if they:

• Are a citizen of India.
• Have completed 35 years of age.
• Are qualified to be a member of the Lok Sabha.
• Do not hold any office of profit under the Government of India, any State, or any local authority.

However, certain offices—such as those of the President, Vice President, Governors, and Ministers—are not considered offices of profit for this purpose.

Disqualifications

A person is disqualified from contesting the presidential election if they:

• Hold an office of profit under the government.
• Are not a citizen of India.
• Are below 35 years of age.
• Are not qualified to be a member of the Lok Sabha.

Related Constitutional Provisions

• Article 55: Specifies the manner of election and the value of votes.
• Article 56: Prescribes the term of office and the conditions for resignation or removal.
• Article 57: Provides for eligibility for re-election.
• Article 58: Defines qualifications for election.

Together, these provisions ensure a comprehensive constitutional mechanism for the presidential election process.

Judicial Interpretation and Landmark Judgments

Several Supreme Court judgments have clarified the constitutional validity and scope of Article 54:

• K. K. Verma v. Union of India (1954): Upheld the validity of the indirect electoral process for the President.
• Indira Gandhi v. Raj Narain (1975): Discussed the President’s role in elections and emphasised the importance of preserving the integrity of democratic institutions.
• Kuldip Nayar v. Union of India (2006): Reaffirmed the constitutional composition of the Electoral College and upheld the system of indirect election.

These judgments collectively affirm that the process established under Article 54 ensures representative democracy and maintains the federal balance between the Union and the States.

Significance of Article 54

Article 54 holds great constitutional and political importance:

• Federal Representation: It allows both Parliament and State Legislatures to participate in electing the President, reflecting cooperative federalism.
• Democratic Legitimacy: The indirect election system ensures that the President’s mandate represents the collective will of the people through their elected representatives.
• Unity and Integrity: The procedure symbolises the integration of national and regional interests, making the President a unifying figure for the nation.

The process ensures that the President is a non-partisan and widely acceptable constitutional head of the Indian Republic.

Historical Context

The first presidential election was held in 1952, when Dr. Rajendra Prasad was unanimously elected as the first President of India. Since then, India has witnessed several presidential elections, each reflecting the strength and maturity of its democratic institutions.
The office of the President has been held by eminent individuals from diverse backgrounds, symbolising the inclusiveness of India’s democratic framework.

Conclusion

Article 54 of the Indian Constitution establishes a federal, representative, and democratic framework for the election of the President of India. By involving both the Parliament and the State Legislatures, it upholds the principles of cooperative federalism, national unity, and democratic legitimacy.