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Article 54 of the Indian Constitution: Election of President

Part: V
Shorthand Notes: Electoral College for President: Elected MPs + Elected MLAs (States + NCT of Delhi + Puducherry)

Article 54 of the Indian Constitution lays down the composition of the electoral college responsible for electing the President of India. It is a fundamental provision that defines the electorate participating in the presidential election, ensuring representation from both the Union and the States.

This article is crucial for understanding the indirect nature of the President’s election in India, as the head of state is not directly elected by the citizens but by their elected representatives at the central and state levels.

Original Text

54. Election of President

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.-In this article and in article 55, “State” includes a Union territory having a Legislative Assembly.

Detailed Explanation

Article 54 specifies the components of the electoral college that elects the President of India. The election is conducted indirectly, meaning the citizens do not directly vote for the President. Instead, an electoral college composed of elected representatives carries out the election.

The electoral college, as defined in Article 54, comprises the following members:

  1. Elected Members of Both Houses of Parliament: This includes the elected Members of Parliament (MPs) from the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). Nominated members in both Houses of Parliament do not participate in the presidential election.
  2. Elected Members of the Legislative Assemblies of the States: This includes the elected Members of the Legislative Assemblies (MLAs) of all the States in India. Similar to Parliament, nominated members in the State Legislative Assemblies do not participate in the presidential election.

Prior to the 70th Amendment Act, 1992, the electoral college only included elected members from the States. The Explanation clause, inserted by the 70th Amendment Act, 1992, clarified that for the purpose of Articles 54 and 55, the term “State” includes a Union territory having a Legislative Assembly. Consequently, the elected members of the Legislative Assemblies of the National Capital Territory of Delhi and the Union Territory of Puducherry were included in the electoral college for the election of the President. Other Union Territories without Legislative Assemblies are not represented in the electoral college. Members of State Legislative Councils (Vidhan Parishads), where they exist, are also not part of the electoral college.

The composition ensures that the President is elected by representatives who are themselves elected by the people across the entire nation, encompassing both the central legislative body (Parliament) and the state legislative bodies (State Assemblies, and Assemblies of specific UTs). This reflects the federal character of the Indian Union.

Detailed Notes

  • Article 54 defines the Electoral College for the election of the President of India.
  • The President is elected indirectly, not directly by the citizens.
  • The Electoral College consists of elected representatives.
  • The components of the Electoral College are:
    • Elected members of the Lok Sabha.
    • Elected members of the Rajya Sabha.
    • Elected members of the Legislative Assemblies of all States.
  • Nominated members of Lok Sabha, Rajya Sabha, and State Legislative Assemblies are excluded from the Electoral College.
  • Members of State Legislative Councils (Vidhan Parishads) are excluded from the Electoral College.
  • The 70th Amendment Act, 1992, added an Explanation to Article 54 (and 55).
  • This Explanation clarifies that “State” in Articles 54 and 55 includes a Union territory having a Legislative Assembly.
  • Consequently, elected members of the Legislative Assembly of the National Capital Territory of Delhi are included in the Electoral College.
  • Consequently, elected members of the Legislative Assembly of the Union Territory of Puducherry are included in the Electoral College.
  • Other Union Territories without Legislative Assemblies are not included in the Electoral College.
  • The composition represents both the Union (Parliament) and the States/specific UTs (Assemblies).

Additional Comments

  • The composition of the electoral college reflects the federal nature of the Indian polity, ensuring representation from both the central legislature and the state legislatures.
  • The value of the votes of the members of the electoral college is not uniform and is calculated according to the procedure laid down in Article 55, based on the population of the states and the total number of elected representatives.
  • The exclusion of nominated members is based on the principle that the President is the head of the Republic and should be elected only by members who are themselves elected by the people.

Summary

The President of India is elected by an electoral college. This college is constituted by the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States. Following the 70th Constitutional Amendment, elected members of the Legislative Assemblies of the National Capital Territory of Delhi and the Union Territory of Puducherry are also included in this electoral college. Nominated members in any legislature and members of State Legislative Councils are not part of the electoral college.
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