President Of India - Article 52 - 55

Part 5 of The Constitution Of India consist 5 chapters, Which are written below. President of India related constitutional arrengement are kept under part 5 from Article 52 - 62 & 72. 

Part – V, Union (Articles 52 – 151)

Part V of the Indian Constitution includes five chapters, which are as follows - 

• Chapter – 1, Provisions related to Executive (President, Vice President, Prime Minister, Cabinet and Attorney General) (Articles 52 – 78)
• President Of India - Articles 52 - 62 & 72
• Vice President of India - Articles 63 - 73
• Prime Minister and Council of Ministers - Articles 74 - 74
• Attorney General of India - Article 76
• Conduct of government business - Article 77 – 78
• Chapter – 2, Provisions related to Parliament and its procedure (Article 79 – 122)
• Chapter – 3, Provisions of the Legislative Powers of the President (Article 123)
• Chapter – 4, Provisions related to the Judiciary of the Union (Article 124 – 147)
• Chapter – 5, Provisions related to the Comptroller and Auditor General of India (Articles 148 – 151)

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Chapter – 1, The Executive (Article 52 – 78)

Under Chapter – 1, the posts related to the following provisions and the work of their operation have been mentioned –

• President Of India (Articles 52 – 62 and 72)
• Vice President of India (Article 63 – 73)
• Prime Minister and Council of Ministers (Article 74 – 75)
• Attorney General of India (Article 76)
• Conduct of government business (Article 77 – 78)

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President Of India ( Articles 52 – 62 And 72 )

There is a provision of parliamentary democratic system in India. It means to say that in India, the executive, the legislature and the judiciary, which are the three parts of the government, work together for the welfare of the people through governance, law and order operations.

The President, along with being the head of state of India, is also the head of the executive. He is the first citizen of India. He is the symbol of unity, integrity and strength of the state.

Article 52 ( President of India )

Due to the parliamentary system of Britain, there will be a constitutional head of India i.e. a President.

• Dr. Neelam Sanjiva Reddy - the only unopposed elected President
• Mo. Hidayatullah - the only judge who discharged the duties of the President, when the then Vice President V.V. Giri resigned from his post at the time of Dr. Zakir Hussain's death and became the presidential candidate.
• Two Presidents died during their tenure –
• Dr. Zakir Hussain
• Fakhruddin Ali Ahmed

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Article 53 ( Executive Power of the Union )

Due to the adoption of British parliamentary system in India, it is necessary to have a de facto and a legal head of India. The legal head of India is the President, while the de facto head is the Parliament. In India, the impeachment of the President and the President and the provisions related to the Vice President have been taken from America. But the powers of the President in India are not the same as the powers of the American President.

• According to this, the executive power of the Union will be vested in the President and he will exercise this power himself or through his subordinate employees.
• According to this, the President shall be the Supreme Commander of the Defense Forces of the Union and shall exercise it under such provisions as may be regulated by law.

Union and State Territories : Article 1 - 4

Article 54 ( Election of the President )

The system of the President's electoral college in India has been taken from Ireland. The following electors will be included in the election of the President –

• (a) Elected members of both the Houses of Parliament.
• (b) the elected members of the State Legislative Assemblies.
• (c) Legislative Assemblies of Delhi and Puducherry (by 70th Constitutional Amendment 1992)

Nominated members of the Parliament and the States, the Legislative Council of the State (where there is a provision for the Legislative Council) and the members of the Legislative Assemblies of the Union Territories will not participate in the election.

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Article 55 ( Manner of Election of the President )

• Due to the direct election of the constitutional head of India (Prime Minister) by the people, the President of India is elected indirectly by the people (by directly elected MPs and MLAs).
• The election of the President is done according to the methods of Article 55.
• The 'Presidential and Vice-Presidential Election Act, 1952' has been made for the regulation of election related matters.
• The election of the President will be done by the Election Commission.

Article 55 ( 1 ) 

As far as possible, there shall be uniformity in the scale of representation (value of votes) of different states in the election of the President.

Article 55 ( 2 )

In order to maintain uniformity in the scale of votes of the members of the Legislative Assemblies of different States and the members of the Parliament, the following methods shall be used:

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• (a) The value of the vote of an elected member of the State Legislative Assembly (MLA) is obtained by dividing the population of that State by the number of elected members of the Legislative Assembly of that State and the product of 1000. In other words

• (b) In the above mentioned method, one is added to the value of votes when the remainder is more than 500, while it is not counted when the remainder is less than 500.
• The value of votes of MLA of different states is different, because the population of different states is different.
• (c) The value of the votes of the elected members (MP) of each house of the Parliament is obtained by dividing the total value of the votes of the members of the Legislative Assemblies of all the states by the total number of elected members of the Parliament. In other words

• In the above method, the fraction obtained more than half (1/2) of the number obtained will be counted as one, while it will be ignored if it comes less than half.
• The value of votes of each member of House of the People ( Lok Sabha ) and Council of States ( Rajya Sabha ) is equal. But when the total value of the votes of the members of the House of the People ( Lok Sabha ) and the total value of the votes of the members of the Council of States ( Rajya Sabha ) are compared, then the total value of the votes of the members of the House of the People ( Lok Sabha ) is more, because the number of members of the House of the People ( Lok Sabha ) is more. 

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Article 55 ( 3 )

The election of the President is by means of a single transferable vote according to the proportional representation system. Voting is secret. 

Single Transferable Vote System or Endre System or Preference System

• It was prepared by the British scholar Hammer.
• Its first use was implemented in Denmark in 1956 by the Danish Minister Andre. For this reason it is also called the Andre system.
• In the single transferable vote system, the members of the electoral college indicate their preferences in the order of preference 1, 2, 3, 4……..etc. in front of the name of the candidate. Hence this process is also called preference system.

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Other Important Points

• For the candidature of the President, the name must be proposed by at least 50 electors and approved by 50 electors.
• The security deposit for the presidential election is Rs 15,000.
• The security deposit of the candidate who gets less than 1/6th of the total valid votes polled is forfeited.
• For success in the presidential election, it is mandatory for the candidate to get the minimum election quota. In the event of not getting the minimum election quota, he gets out of the election.

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