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Procedure of Appointment of President of India

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The procedure of Appointment of President of India

The election Procedure involved in the Appointment of President of India is unlike that of state Legislative Assembly or Lok Sabha. Even counting is different. The value of 1 MLA vote of UP is equivalent to 208 and that of MP Rajya Sabha is 708. However, every voter gets to vote fairly and the elected President is supported by the majority of voters.

 Eligibility Criteria of Appointment of President of India

Like every post, Presidential Post also comes with the eligibility criteria as prescribed in Article 58 of the Constitution.

  • The person applying for the candidacy must be a citizen of India.
  • A person should not be younger than 35 years.
  • He should be eligible for the Lok Sabha membership.
  • If a person holds any office of profit that a state government, local authority or government of India Controls then he cannot stand for the presidential election. However, there are certain exceptions like;
    • The existing Vice President
    • The Governor belonging to any state
    • Any Minister of State or Union
  • It is assumed that once any of them become president their previous positions will be considered vacated from the day they begin to serve as President as per Article 59(1) of the constitution.
  • Article 57 of the constitution states that the current President and the person who has held the office of the President is also eligible for re-election.
  • Also, the nominating candidate for the office of President needs 50 electors as seconders and 50 electors as proposers as eligibility criteria under The Presidential and Vice-Presidential Elections Act, 1952.

Conditions Applied for Appointment of President of India

There are certain conditions as per Article 59 of the constitution that needs to be met by the person hoping to contest for the Presidency. They are as follows;

  • Any office of profit should not be held by the President.
  • The President will have a rent-free use of the official residence along with various privileges and allowances as deemed fit for the President by the parliament.
  • The emoluments and allowances specified in the Second Schedule will not diminish during the President’s Tenure of Office.
  • The president cannot belong to any other House of Parliament. Therefore he has to vacate his seat in either house the moment he is elected President.

Election Procedure

There are following steps involved in the Election Procedure for Appointment of President of India

First Step is Nomination

The first step in becoming the President involves being nominated by depositing a deposit of Rs 15000 and 50 Proposers and Seconders List. The list should only constitute the eligible voters. Meera Kumar and Ram Nath Kovind have been nominated for the 2019 Presidential Election.

The Second Step is voting

The MLA’s of all states and Union territories of India and MPs will cast their vote on the Ballot paper. In Presidential Elections voting is done in a preferential form where all the nominated members are voted by the voters as per their preference.

The third step is ballot papers segregation

The ballot papers will be verified by the Returning Office then each vote is segregated and compiled on the respected nominee’s tray and after the segregation is done counting of valid ballots will begin.

Fourth Step is voting counting

The value of each vote in the presidential election has different value i.e. the value of ballot cast by MLA of Andhra Pradesh is 159 and that of Sikkim is 7. Similarly, MP’s vote is equivalent to 708. Therefore the task of counting has to be performed with great care.

The fifth step is declaring the winner

The deciding factor for the winner of the presidential candidate is not the highest number of votes but the more votes than a certain quota. The formula for the quota is the sum of votes polled for each candidate divided by 2 and adding 1 to the quotient.

Now, the candidates who score more votes than the quota is declared a winner. If no one scores more than quota then the votes of the lowest scoring candidate are distributed as per the second preference of the ballot paper and again the counting is conducted to determine the votes and compared with quota. If the quota is reached then the candidate is declared a winner or the process of elimination is repeated until the quota is reached or only one candidate is left who then becomes the President of India.

The sixth step is taking Oath of Office

The president takes the Oath of Office in the presence of Chief Justice of India or Senior-most Judge of the Supreme Court if CJI is absent. The oath is as follows;

“ I, (name), do swear in the name of God that I will faithfully execute the office of President of the Republic of India, and will to the best of my ability to Preserve, Protect and Defend the Constitution and the law, and that I will devote myself to the service and well-being of the people of Republic of India”.

FAQ

When the Presidential Elections are announced?

The Election Commission of India announces the elections for the President’s office 60 days before the expiry of the ongoing President’s term. This schedule is designed in a way that the newly elected President can join the office immediately after the expiry of the term of the current President.

Who is responsible for conducting elections for the office of the President?

The Election Commission of India is authorized to conduct the elections for the office of President.

Who was the first elected President of Independent India?

Dr. Rajendra Prasad was the first elected president of India.

Which type of electoral process/system is employed in the election of the Presidential Office?

The process of election of the office of President is not similar to the legislative Assembly or that of Lok Sabha. It employs the proportional representation system in which votes are cast in the form of a single transferrable vote. It is a secret form of voting and is conducted on Ballot paper.

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