Context: The presidential polls are expected to be held in July to decide on the successor of President Ram Nath Kovind, who will complete his term on July 24, 2022.

President of India

• He is the head of the Indian State.
• He is often called as the first citizen of India.
• He is regarded as the symbol of unity, integrity, and solidarity of the nation.
• Part V of the Constitution (Articles 52-78) defines his position and powers.
• He is a nominal executive while the real executive is the Council of Ministers headed by the Prime Minister.
• Therefore, he has to exercise his powers and functions with the aid and advice of the council of ministers headed by the Prime Minister.

Who elects the President of India?

• He is elected not directly by the people but by members of the electoral college.

Electoral College which elects the President composed:

• The elected members of both the Houses of Parliament.
• The elected members of the legislative assemblies of the states.
• The elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.

Who is not included in the composition of the electoral college?

• The nominated members of both the Houses of Parliament.
• The nominated members of the state legislative assemblies.
• The members (both elected and nominated) of the state legislative councils (in the case of the bicameral legislature) and the nominated members of the Legislative Assemblies of Delhi and Puducherry do not participate in the election of the President.
• If any State legislative assembly is dissolved, its members are ceased to be qualified to vote in the election of the president, even if fresh elections to the dissolved assembly are not held before the president’s election.

What is the method of election of the President of India?

• There should be a uniformity in the scale of representation of different states as well as parity between the states as a whole and the Union at the election of the President.

To attain this uniformity, the number of votes which each elected member of the legislative assembly of each state and the Parliament is entitled to cast at such election shall be determined in the following manner:

• Every elected member of the legislative assembly of a state shall have 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 the elected members of the assembly.
• Every elected member of either House of Parliament shall have the such number of votes as may be obtained by dividing the total number of votes assigned to members of the legislative assemblies of the states by the total number of the elected members of both the Houses of Parliament.
• The President’s election is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is by secret ballot.
• This system ensures that the successful candidate is returned by the absolute majority of votes.
• A candidate, in order to be declared elected to the office of President, must secure a fixed quota of votes.
• The quota of votes is determined by dividing the total number of valid votes polled by the number of candidates to be elected (here only one candidate is to be elected as President) plus one and adding one to the quotient.

Who resolves the disputes regarding the election of the President?

• All such doubts and disputes are investigated and decided by the Supreme Court whose decision is final.
• The election of a person as President cannot be challenged on the ground that the electoral college was incomplete
• If the election of a person as President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated and continue to remain in force.

Why is President indirectly elected?

• If Presidents were to be elected directly, it would become very complicated.
• It would, in fact, be a disaster because the public doesn’t have the absolute clarity of how the president-ship runs or if the candidate fits the profile of a president.
• Another reason why the direct election system isn’t favorable is that the candidate running for the president’s profile will have to campaign around the country with the aid of a political party.
• And, this will result in a massive political instability.
• Moreover, it would be difficult and impossible for the government to hand out election machinery (given the vast population of India).
• This will cost the government financially, and may end up affecting the economy as well.
• The indirect election system is a respectable system for the First Man of India (rightly deserving).
• The system/method of indirect electing of the president also allows the states to maintain neutrality and minimize hostility.