Article 55

Article 55 of the Indian Constitution elaborates on the manner of election of the President of India and ensures uniformity in representation among the States and between the Union and the States. It provides the method for calculating the value of votes and establishes the system of proportional representation that governs the election process. The purpose of this article is to maintain a balanced federal structure and prevent any single State from having disproportionate influence in the Presidential election.

Objective and Purpose

The main objective of Article 55 is to ensure equity and uniformity in the Presidential election by:

• Balancing the representation of the States in proportion to their population.
• Ensuring parity between the Union (Parliament) and the States (Legislative Assemblies).
• Maintaining fairness in the election process through proportional representation and secret voting.

This article thus reinforces the federal and democratic nature of India’s constitutional framework.

Text of Article 55

Article 55 provides:

1. Uniformity among States –There shall be uniformity in the scale of representation of the different States at the election of the President.
2. Parliament and State Representation –There shall also be parity between the representation of the States and the Union in the election of the President.
3. System of Election –The election shall be conducted according to the system of proportional representation by means of a single transferable vote, and voting shall be by secret ballot.

The article further prescribes how the value of votes of Members of Legislative Assemblies and Members of Parliament is determined.

Vote Calculation Methodology

The system of vote calculation under Article 55 ensures that every State contributes to the Presidential election in proportion to its population while maintaining equality between the Union and the States.

1. Value of Votes of Elected Members of Legislative Assemblies (State Level)

The value of a vote for each elected member of a State Legislative Assembly (MLA) is determined by 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​
Key Points:

• The population refers to the latest census figures officially published.
• For uniformity, the 1971 Census is used as per the 84th Amendment (2001) until the first census after 2026 is published.
• If the remainder is 500 or more, the result is rounded up to the next whole number. Otherwise, it is ignored.

Example:If a State has a population of 20,000,000 and 200 elected MLAs:
Value of MLA’s Vote=20,000,000200×1000=100\text{Value of MLA’s Vote} = \frac{20,000,000}{200 \times 1000} = 100Value of MLA’s Vote=200×100020,000,000​=100
Each MLA in this State will have 100 votes in the Presidential election.

2. Value of Votes of Elected Members of Parliament (National Level)

The value of a vote for each elected Member of Parliament (MP) is calculated by dividing the total value of votes of all elected MLAs from all States by the total number of elected MPs (Lok Sabha and Rajya Sabha combined).
Value of MP’s Vote=Total value of MLA votes from all StatesTotal number of elected MPs\text{Value of MP’s Vote} = \frac{\text{Total value of MLA votes from all States}}{\text{Total number of elected MPs}}Value of MP’s Vote=Total number of elected MPsTotal value of MLA votes from all States​
If the result yields a fraction greater than 0.5, it is rounded up to the next whole number. If the fraction is 0.5 or less, it is disregarded.
This calculation ensures that the total value of votes of Members of Parliament is approximately equal to the total value of votes of all State MLAs, maintaining federal equilibrium.

Election System

The election of the President is conducted by the system of proportional representation through the single transferable vote (STV).
Key Features:

• Proportional Representation: Ensures that the winning candidate secures more than half of the total valid votes.
• Single Transferable Vote: Electors mark their preferences (1, 2, 3, etc.) for the candidates. Votes are transferred according to the next preference if no candidate secures a majority in the initial count.
• Secret Ballot: Maintains confidentiality and independence of voters, preventing political influence.

This system ensures that the President enjoys broad-based support across the Union and the States.

Definition of Population

For calculating the value of votes, population is defined as per the last officially published census.Currently, the 1971 Census is used for this purpose, and this practice will continue until the publication of the first census figures after 2026.
This provision was introduced by the 84th Constitutional Amendment Act (2001) to prevent the redistribution of votes based on changing population patterns, thereby maintaining stability in representation.

Case Laws and Judicial Interpretations

Several judicial decisions have interpreted and reaffirmed the constitutionality and fairness of the election process under Article 55:

• Kuldip Nayar v. Union of India (2006):The Supreme Court upheld the method of election and representation under Articles 54 and 55, confirming that the process is consistent with India’s federal character.
• Indira Gandhi v. Raj Narain (1975):The Court underscored the importance of free and fair elections as the cornerstone of democracy, indirectly reinforcing the procedural fairness required in Presidential elections.
• Mohinder Singh Gill v. Chief Election Commissioner (1978):The Court highlighted the need for transparency and impartiality in electoral processes, reinforcing the constitutional role of the Election Commission.

These rulings collectively affirm that Article 55’s provisions safeguard both democracy and federalism.

Significance of Article 55

Article 55 is a vital constitutional mechanism that ensures:

• Equitable Representation: States contribute to the Presidential election proportionate to their population, ensuring fairness.
• Federal Balance: Parliament and the States have equal weightage in determining the outcome, symbolising cooperative federalism.
• Democratic Legitimacy: The proportional representation system ensures that the elected President commands widespread support across the country.
• Constitutional Harmony: The article maintains a balance between population-based representation and equal treatment of States.

Related Constitutional Articles

• Article 52: Establishes the office of the President.
• Article 53: Vests the executive power of the Union in the President.
• Article 54: Provides for the election of the President.
• Article 56: Specifies the term of office and conditions of the President.

Together, these provisions form the framework governing the election and powers of the President.

Practical Implications

• The calculation of vote values directly influences political strategy during Presidential elections.
• It ensures that large States like Uttar Pradesh or Maharashtra do not dominate smaller States such as Sikkim or Goa, preserving federal equilibrium.
• The process strengthens India’s commitment to democratic representation and constitutional fairness.

Challenges and Criticisms

• The calculation of vote values is complex and often misunderstood by the public.
• Changes in population patterns since the 1971 Census may create disparities among States.
• Smaller States continue to express concerns about the dominance of larger States in the Electoral College despite the proportional mechanism.

However, the system under Article 55 continues to function effectively as a cornerstone of India’s federal democracy.

Conclusion

Article 55 of the Indian Constitution provides a detailed and balanced mechanism for conducting the Presidential election. By ensuring uniformity in the scale of representation of the States and parity between the Union and the States, it upholds the federal spirit and democratic character of India.