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Article 55 of the Indian Constitution: Manner of election of President

Part: V
Shorthand Notes: Pres Election: Method, PR-STV, Secret Ballot, Uniformity (States), Parity (States vs Union)

Article 55 of the Indian Constitution is a crucial provision that details the procedure and principles governing the election of the President of India. While Article 54 defines the Electoral College for the presidential election, Article 55 meticulously lays down the method to ensure that the election is conducted fairly and reflects the representative character of the electors. It aims to maintain uniformity among the states and parity between the states collectively and the Union, ensuring a balanced representation in the highest office.

This article establishes the complex system of proportional representation by means of the single transferable vote, conducted via a secret ballot. This method is designed to ensure that the winning candidate secures a clear majority (more than 50%) of the total valid votes cast, taking into account the varied representation of the electors.

Original Text

Article 55 reads as follows:

55. Manner of election of President

(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.

(2) For the purpose of securing as between the States inter se, as well as between the States as a whole and the Union, uniformity in the scale of representation, the number of votes which each elected member of Parliament and the elected member of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner:—

(a) 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;

(b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the votes of each member referred to in sub-clause (a) shall be further increased by one;

(c) each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded.

(3) The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

Explanation.—In this article, the expression “population” with reference to a State means the population as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 1971 census.

Detailed Explanation

Article 55 outlines the technicalities of how the value of votes cast by members of the electoral college (as defined in Article 54) is calculated, ensuring uniformity and parity in representation, and specifies the voting method.

  1. Uniformity among States (Clause 1 & 2a/2b):

    • Clause (1) states the general principle of uniformity in the scale of representation of different States. This means that the vote value of an MLA from a larger state should be proportionally higher than that of an MLA from a smaller state, based on population.
    • Clause (2)(a) provides the formula to achieve this: The total population of a State is divided by the total number of elected MLAs in that State. The quotient obtained is then divided by one thousand. The integer part of this result (multiples of one thousand) is the number of votes each MLA from that state is entitled to cast.
    • Clause (2)(b) refines this calculation: If the remainder after taking multiples of one thousand is 500 or more, an additional vote is added to the value of each MLA’s vote. This addresses rounding up to the nearest thousand.
    • This calculation ensures that the total vote value assigned to the MLAs of a state is roughly proportional to the state’s population, divided by 1000.

  2. Parity between States as a whole and the Union (Clause 2c):

    • Clause (2)(c) aims to achieve parity between the total voting strength of the MLAs of all States combined and the total voting strength of the elected MPs.
    • The total vote value assigned to all MLAs from all States (calculated using Clause 2a and 2b) is summed up.
    • This total MLA vote value is then divided by the total number of elected members of both Houses of Parliament (Lok Sabha + Rajya Sabha).
    • The quotient obtained, rounded to the nearest integer (fractions exceeding one-half counted as one, others disregarded), is the number of votes each elected Member of Parliament is entitled to cast.
    • This ensures that the total voting strength of the elected MPs is approximately equal to the total voting strength of the elected MLAs.

  3. System of Election and Voting Method (Clause 3):

    • Clause (3) specifies the electoral system: Proportional Representation by means of the Single Transferable Vote (PR-STV). This system is used in multi-member constituencies or for electing a single person from a body of electors with diverse preferences, ensuring the winning candidate has broad support. In the presidential election, it means electors rank candidates in order of preference.
    • It also mandates that the voting at such election shall be by Secret Ballot, ensuring that electors can vote without fear or undue influence.

  4. Explanation regarding ‘Population’:

    • The Explanation clarifies that ‘population’ refers to the population ascertained at the last preceding census whose figures have been published.
    • Crucially, the proviso, inserted by the 42nd and 84th Amendment Acts, stipulates that until the first census figures after 2026 are published, the population figures from the 1971 census must be used for vote value calculation. This was done to avoid penalizing states that performed well in population control by reducing their representation in the presidential election, and the reference date was extended to 2026 to provide stability.

Detailed Notes

  • Article 55 governs the manner of election of the President of India.
  • It aims for:
    • Uniformity in the scale of representation among different States.
    • Parity in the scale of representation between the States collectively and the Union.
  • Calculation of Vote Value for an MLA:
    • Formula: (Population of the State / Total number of elected MLAs in the State) / 1000
    • The result is rounded to the nearest integer:
      • Multiples of 1000 are taken directly.
      • If the remainder after taking multiples of 1000 is 500 or more, 1 is added to the vote value.
  • Calculation of Vote Value for an MP:
    • Formula: (Total vote value of all MLAs from all States) / (Total number of elected MPs in Lok Sabha and Rajya Sabha)
    • The result is rounded to the nearest integer:
      • Fractions exceeding one-half (0.5) are counted as one.
      • Other fractions (0.5 or less) are disregarded.
  • System of Election: Proportional Representation (PR).
  • Method of Voting: Single Transferable Vote (STV).
  • Ballot Type: Secret Ballot.
  • Population Reference: For vote value calculation, the population figures from the 1971 census are used until the figures for the first census after 2026 are published. This provision stabilizes the vote values of MLAs for a significant period.
  • The use of PR-STV ensures the elected President is the choice of the majority of the electoral college, taking into account preferences beyond the first choice.

Additional Comments

  • The complex formulas for calculating vote values ensure that the President is a representative of the nation, chosen with weight given to both the population of states and the collective will of the elected representatives at the central level.
  • The principle of uniformity ensures that larger states have a proportionally greater say than smaller states in the election of the President.
  • The principle of parity ensures a balance of power between the states and the Union government in the presidential election process.
  • The use of the 1971 census data is a result of balancing the principle of representation based on population with the need to encourage states to implement population control measures without fear of losing electoral weight in presidential elections.
  • The Single Transferable Vote system is a sophisticated preferential voting system where voters rank candidates. If no candidate reaches the required quota of votes on first preferences, the candidate with the fewest votes is eliminated, and their votes are transferred according to the next preferences marked on the ballots. This process continues until a candidate achieves the quota.
  • The detailed conduct of the election, including the calculation process and the STV mechanism, is further governed by the Presidential and Vice-Presidential Elections Act, 1952, and the rules made under it.

Summary

Article 55 of the Indian Constitution prescribes the detailed method for electing the President. It mandates uniformity in the representation scale among states based on their population and ensures parity between the combined voting strength of state legislatures and the Union Parliament. The vote value of an MLA is calculated using a formula involving the state’s population and the number of MLAs, while the vote value of an MP is derived by dividing the total vote value of all MLAs by the total number of elected MPs. For these calculations, the 1971 census population figures are currently used until the first census after 2026. The election is conducted using the system of proportional representation by means of the single transferable vote through a secret ballot. This method ensures the elected President has broad support from the diverse electorate.
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