BACKGROUND MATERIAL REGARDING
PRESIDENTIAL ELECTION- 2017
The term of office of the present President of India is upto 24th July, 2017. Thus an election is due to be held for electing a new President before the 24th July, 2017. Under the provisions of sub-section (3) of section 4 of the Presidential and Vice-Presidential Elections Act, 1952, the notification under sub-section (1) of section 4 of the said Act calling the election can be issued by the Election Commission on or after the sixtieth day before the expiry of the term of office of outgoing President. That is, the notification containing the programme of election to the office of the President can be issued by the Election Commission on any day after 25th May, 2017
CONSTITUTIONAL PROVISIONS: -
2. The President of India is 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 [including National Capital Territory of Delhi and the Union Territory of Puducherry vide the Constitution (Seventieth Amendment) Act, 1992] (Article 54). The members nominated to either House of Parliament or the Legislative Assemblies of State including NCT of Delhi and Union Territory of Puducherry are not eligible to be included in the Electoral College.
3. Vide Section 2 of the Constitution (Seventieth Amendment) Act, 1992, an amendment was made to the EXPLANATION below article 54 of the Constitution. The amended Explanation is as under: - “Explanation – In this Article and in Article 55 “State” includes the National Capital Territory of Delhi and the Union Territory of Puducherry”. It came into force w.e.f. 1st June 1995, by the notification G.S.R. No. 375(E) dated 2nd May 1995 issued by Ministry of Law and Justice, New Delhi.
46. The Constitution (Eighty-fourth) Amendment Act, 2001 provides that until the relevant population figures for the first census to be taken after the year 2026 have been published, the population of the States for the purposes of calculation of value of votes for the Presidential Election shall mean the population as ascertained at the 1971-census. Thus, the Electoral College for the ensuing Presidential Election shall now consist of (a) the elected members of both Houses of Parliament, and (b) the elected members of the Legislative Assemblies of the States including NCT of Delhi and Union Territory of Puducherry.
5. The Constitution also stipulates that there shall be uniformity, as far as practicable, in the scale of representation of the different States at the election (Article 55). For securing such uniformity among the States inter-se as well as parity between the States as a whole and the Union, a formula based on the population of each State
ILLUSTRATION
Total population of Andhra Pradesh (1971 census) : 2,78,00,586
Total No of elective seats in the State Assembly : 175
No. of votes for each member : 2,78,00,586
1000×175 = 158.8605 = 159 is given in the Constitution for determination of the value of vote which each elected Member of Parliament and of the Legislative Assembly of each State is entitled to cast.
7. Total Value of votes of all members of each State Assembly is worked out by multiplying the number of elective seats in the Assembly by the number of votes for each member, e.g., 175x159=27,825 for Andhra Pradesh. The total value of votes of all the States added together is divided by the total number of elected members of Parliament (Lok Sabha 543 + Rajya Sabha 233) to get the value of votes per each Member of Parliament.
8. A statement showing the value of votes of each Member of the Legislative Assemblies of 29 States, NCT of Delhi and the Union Territory of Puducherry, total value of votes of each of the said States, the value of votes of each Member of Parliament, the total value of votes of the MPs and the grand total of value of all the members in the List of Electoral College for the Presidential Election, 2017 may be seen at APPENDIX-I.
9. The election shall be held in accordance with the system ofProportional Representation by means of the single transferable vote and the voting at such election shall be by secret ballot.
(A) VALUE OF EACH VOTE OF MEMBERS OF PARLIAMENT
TOTAL MEMBERS LOK SABHA (543) + RAJYA SABHA (233) = 776
5,49,495 / 776 =708
VALUE OF EACH VOTE =
(B) TOTAL VALUE OF VOTES OF 776 MEMBERS OF PARLIAMENT = 708 ×776 = 5,49,408
(C) TOTAL ELECTORS FOR THE PRESIDENTIAL ELECTION = MLAs (4120) + M.Ps (776) = 4896
(D) TOTAL VALUE OF VOTES OF 4896 ELECTORS FOR THE PRESIDENTIAL ELECTION 2017 = 5,49,495 + 5,49,408 = 10,98,903
TOTAL ELECTORS
The total number of members in the Electoral College for the Presidential election in 2017 is 4896, as detailed below:
HOUSE SEATS (a) Rajya Sabha 233
(b) Lok Sabha 543
(c) State Assemblies 4120
Total 4896
VALUE OF VOTES
The value of vote of each elector is pre-determined as may be seen from the Statement at APPENDIX-I. For example, the value of vote of each Member of Parliament is 708. The value of vote of each Member of the Legislative Assembly of Uttar Pradesh is 208 and that of Sikkim is 7. Thus, the value of votes for the Members of each Legislative Assembly varies. These values of each vote are indicated on each ballot paper, printed State-wise separately and for the Parliament.
While counting the votes, the Returning Officer counts the votes State wise in so far as the votes are cast by the members of each Legislative Assembly, and in one lot that of Members of Parliament.
ELIGIBILITY FOR ELECTION
No person shall be eligible for election as President unless he -
(1) is a citizen of India;
(2) has completed the age of 35 years; and
(3) is qualified for election as a member of the House of the People (Article 58).
A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any Local or other Authority subject to the control of any of the State Governments.
However, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.
Detailed provisions regarding the election are contained in the Presidential and VicePresidential Elections Act, 1952 (No.31 of 1952) and the rules made thereunder, viz., “The Presidential and Vice-Presidential Elections Rules, 1974”.
The term of office of the present President of India is upto 24th July, 2017. Thus an election is due to be held for electing a new President before the 24th July, 2017. Under the provisions of sub-section (3) of section 4 of the Presidential and Vice-Presidential Elections Act, 1952, the notification under sub-section (1) of section 4 of the said Act calling the election can be issued by the Election Commission on or after the sixtieth day before the expiry of the term of office of outgoing President. That is, the notification containing the programme of election to the office of the President can be issued by the Election Commission on any day after 25th May, 2017
CONSTITUTIONAL PROVISIONS: -
2. The President of India is 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 [including National Capital Territory of Delhi and the Union Territory of Puducherry vide the Constitution (Seventieth Amendment) Act, 1992] (Article 54). The members nominated to either House of Parliament or the Legislative Assemblies of State including NCT of Delhi and Union Territory of Puducherry are not eligible to be included in the Electoral College.
3. Vide Section 2 of the Constitution (Seventieth Amendment) Act, 1992, an amendment was made to the EXPLANATION below article 54 of the Constitution. The amended Explanation is as under: - “Explanation – In this Article and in Article 55 “State” includes the National Capital Territory of Delhi and the Union Territory of Puducherry”. It came into force w.e.f. 1st June 1995, by the notification G.S.R. No. 375(E) dated 2nd May 1995 issued by Ministry of Law and Justice, New Delhi.
46. The Constitution (Eighty-fourth) Amendment Act, 2001 provides that until the relevant population figures for the first census to be taken after the year 2026 have been published, the population of the States for the purposes of calculation of value of votes for the Presidential Election shall mean the population as ascertained at the 1971-census. Thus, the Electoral College for the ensuing Presidential Election shall now consist of (a) the elected members of both Houses of Parliament, and (b) the elected members of the Legislative Assemblies of the States including NCT of Delhi and Union Territory of Puducherry.
5. The Constitution also stipulates that there shall be uniformity, as far as practicable, in the scale of representation of the different States at the election (Article 55). For securing such uniformity among the States inter-se as well as parity between the States as a whole and the Union, a formula based on the population of each State
ILLUSTRATION
Total population of Andhra Pradesh (1971 census) : 2,78,00,586
Total No of elective seats in the State Assembly : 175
No. of votes for each member : 2,78,00,586
1000×175 = 158.8605 = 159 is given in the Constitution for determination of the value of vote which each elected Member of Parliament and of the Legislative Assembly of each State is entitled to cast.
7. Total Value of votes of all members of each State Assembly is worked out by multiplying the number of elective seats in the Assembly by the number of votes for each member, e.g., 175x159=27,825 for Andhra Pradesh. The total value of votes of all the States added together is divided by the total number of elected members of Parliament (Lok Sabha 543 + Rajya Sabha 233) to get the value of votes per each Member of Parliament.
8. A statement showing the value of votes of each Member of the Legislative Assemblies of 29 States, NCT of Delhi and the Union Territory of Puducherry, total value of votes of each of the said States, the value of votes of each Member of Parliament, the total value of votes of the MPs and the grand total of value of all the members in the List of Electoral College for the Presidential Election, 2017 may be seen at APPENDIX-I.
9. The election shall be held in accordance with the system ofProportional Representation by means of the single transferable vote and the voting at such election shall be by secret ballot.
(A) VALUE OF EACH VOTE OF MEMBERS OF PARLIAMENT
TOTAL MEMBERS LOK SABHA (543) + RAJYA SABHA (233) = 776
5,49,495 / 776 =708
VALUE OF EACH VOTE =
(B) TOTAL VALUE OF VOTES OF 776 MEMBERS OF PARLIAMENT = 708 ×776 = 5,49,408
(C) TOTAL ELECTORS FOR THE PRESIDENTIAL ELECTION = MLAs (4120) + M.Ps (776) = 4896
(D) TOTAL VALUE OF VOTES OF 4896 ELECTORS FOR THE PRESIDENTIAL ELECTION 2017 = 5,49,495 + 5,49,408 = 10,98,903
TOTAL ELECTORS
The total number of members in the Electoral College for the Presidential election in 2017 is 4896, as detailed below:
HOUSE SEATS (a) Rajya Sabha 233
(b) Lok Sabha 543
(c) State Assemblies 4120
Total 4896
VALUE OF VOTES
The value of vote of each elector is pre-determined as may be seen from the Statement at APPENDIX-I. For example, the value of vote of each Member of Parliament is 708. The value of vote of each Member of the Legislative Assembly of Uttar Pradesh is 208 and that of Sikkim is 7. Thus, the value of votes for the Members of each Legislative Assembly varies. These values of each vote are indicated on each ballot paper, printed State-wise separately and for the Parliament.
While counting the votes, the Returning Officer counts the votes State wise in so far as the votes are cast by the members of each Legislative Assembly, and in one lot that of Members of Parliament.
ELIGIBILITY FOR ELECTION
No person shall be eligible for election as President unless he -
(1) is a citizen of India;
(2) has completed the age of 35 years; and
(3) is qualified for election as a member of the House of the People (Article 58).
A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any Local or other Authority subject to the control of any of the State Governments.
However, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.
Detailed provisions regarding the election are contained in the Presidential and VicePresidential Elections Act, 1952 (No.31 of 1952) and the rules made thereunder, viz., “The Presidential and Vice-Presidential Elections Rules, 1974”.