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On July 17, 4,896 electors will cast a total of 10,98,903 votes (more on that later) to elect the next President of India. The electors will include all elected Members of Legislative Assemblies and Members of Parliament (Lok Sabha and Rajya Sabha). People nominated to a state's legislative assembly (for example, Peter Fanthome from Uttar Pradesh) or to the Rajya Sabha (such as Sachin Tendulkar or Subramanian Swamy), like the rest of us, cannot vote in the Presidential election 2017.
advertisementCounting of votes for the Presidential election will take place on July 20 and on July 25, a day after incumbent Pranab Mukherjee demits office, India will get its 14th President.
This will be the 15th time an election is held for the office of the President of India - there have been only 13 Presidents as Dr Rajendra Prasad won the first two elections, in 1952 and 1957. The process for electing the President of India is quite unlike elections to the Lok Sabha or a state Legislative Assembly. For example, each elector's vote is valued in hundreds - a vote cast by one Uttar Pradesh MLA, for example, will be valued at 208. The vote of a Member of Parliament (Lok Sabha or Rajya Sabha) will be valued at 708. (A complete, state-wise list of the value of each MLA can be found at the end of this article.)
But, it ensures that each state gets a fair say in the election, in proportion to its population, and that the candidate who is elected President is one who has the support of the majority of electors.
The President of India is elected by legislators acting on behalf of the population (Source: India Today TV)
Here is how the President of India is elected: STEP 1: Nomination Each candidate considering a run for the President of India's office were supposed to file their nominations by June 28. The candidates were also required to fork over Rs 15,000 as deposit and submit a signed list of 50 proposers and 50 seconders. The proposers and seconders can be any of the 4,896 electors eligible to vote in the Presidential election 2017. An elector can only propose or second one candidate's name. This rule of getting electors to propose and second a person's candidature was adopted in 1974 after the Election Commission realised that in the 1952, 1957, 1962, 1967 and 1969 (an early election after 3rd President of India Zakir Husain's death in office) polls, several candidates submitted their names even though they did not have "even a remote chance of getting elected."
This part of the process of electing the next President of India is over - both Ram Nath Kovind and Meira Kumar have filed their respective nominations.
Currently, Ram Nath Kovind leads Meira Kumar in terms of support. However, note that parties cannot issue whips for the Presidential election (Source: India Today TV)
STEP 2: Voting Only July 17, all elected MLAs, in their respective state and union territory capitals, and all elected MPs, at Parliament, will be given ballot papers (green coloured for MPs and pink coloured for MLAs) to cast their vote. They will also be given special pens, which is the only instrument they can use to record their votes. Each ballot paper will contain the name of all candidates who are contesting the Presidential election. The electors will proceed to indicate their preference for each candidate - marking '1' for the candidate they most prefer as President, '2' for the candidate who is their second preference, and so on. An elector isn't required to mark preferences for all Presidential candidates. He/she has to only mark their first preference for their vote to be considered in the election.
advertisementALSO READ | Presidential election 2017 list: Lalu Yadav, Saira Bano also in race STEP 3: Segregating ballot papers On July 20, the Returning Office Anoop Mishra will verify all ballots and begin the counting process using the ballots that are valid. The ballot papers will be taken up state-wise and allotted to each candidate's tray depending on whose name appears as the first preference. For example, if an MLA from Uttar Pradesh marks Ram Nath Kovind as his/her first preference that MLA's ballot paper will go to Kovind's tray. Then the ballots papers of the Members of Parliament are similarly distributed. For example, all ballot papers of MPs who mark Meira Kumar as their first preference will go to Kumar's tray.
STEP 4: Counting votes The total number of votes that a Presidential candidate garners is calculated by adding up the value of all the ballots in which a particular candidate receives a first preference. Remember, the value of each ballot paper depends on who cast the votes. The ballot paper of a UP MLA will be valued at 208, of an Andhra Pradesh MLA at 159 and of an MLA from Sikkim at 7 (full list of the value of votes of MLAs from each state is at the end of this article).
advertisementThe value of the ballot paper of any MP (from Rajya Sabha or Lok Sabha) is 708. Adding up the value of each ballot paper that is in a candidate's tray gives the total number of votes polled for that candidate.
Electors mark their preferences for each candidate instead of simply voting for one (Source: India Today TV)
STEP 5: Deciding the winner The winner of the Presidential election is not the person who gets the most number of votes, but the person who gets more votes than a certain quota. The quota is decided by adding up the votes polled for each candidate, dividing the sum by 2 and adding '1' to the quotient. The candidate who polls more votes than the quote is the winner. In case, no one gets more votes than the quota, then the candidate with the lowest number of votes is eliminated.
advertisementApart from the above what are the conditions to be fulfilled by a candidate for his nomination to be valid?
A nomination paper of a candidate for the election has to be made in the prescribed form and it has to be subscribed by at least fifty electors as proposers and at least fifty electors as seconders. The nomination paper duly completed in all respects has to be presented to the Returning Officer, between 11AM and 3PM on any day other than on a public holiday appointed for the purpose by the Election Commission, either by the candidate himself or by any of his proposers or seconders. Here 'Electors' mean elected MPs and elected MLAs who are electors for Presidential Election.
The Security Deposit for the election, of Rs.15,000 should also be deposited either in cash with the Returning Officer or a receipt showing that the amount has been deposited by the candidate or on his behalf in the Reserve Bank of India or in a Government Treasury should be furnished along with the nomination paper.
The candidate is also required to furnish a certified copy of the entry showing his name in the current electoral roll for the Parliamentary Constituency in which the candidate is registered as an elector.
Who is appointed the Returning Officer/Assistant Returning Officer for the election to the Office of President of India? Who makes such appointment?
By convention, the Secretary General, Lok Sabha or the Secretary General, Rajya Sabha is appointed as the Returning Officer, by rotation. Two other senior officers of the Lok Sabha/ Rajya Sabha Secretariat and the Secretaries and one more senior officer of Legislative Assemblies of all States including NCT of Delhi and Union Territory of Puducherry, are also appointed as the Assistant Returning Officers. The Election Commission of India makes such appointments.
For the Presidential Election, 2017 the Secretary General Lok Sabha, Anoop Mishra, is the Returning Officer.
Can a Candidate submit more than one nomination paper? What would be the security deposit to be made by such candidate?
Yes. A candidate can file a maximum of four nomination papers. However, he is required to make only one security deposit in this regard.
Can an elector propose or second the nomination of more than one candidate at a Presidential election?
No. An elector can propose or second the name of only one candidate at a Presidential election. If he subscribes as proposer or seconder, the nomination papers of more than one candidate, his signature shall be deemed operative only on the nomination paper first delivered to the Returning Officer.
Who scrutinizes the nomination papers filed by the candidates and who can be present at the time of such scrutiny?
All nomination papers received by the Returning Officer during the period specified for the purpose by the Election Commission are scrutinized by the Returning Officer himself on the date fixed by the Election Commission. At the time of such scrutiny, the candidates, one proposer or one seconder of each candidate and one other person duly authorized, in writing, by each candidate shall be entitled to be present, and they shall be given all reasonable facilities for examining the nomination papers of the candidates and raise objections in regard to those nomination papers.
What are the grounds for rejection of the nomination of a candidate in the Presidential election?
However, a candidate's nomination shall not be rejected, if he has submitted another set of nomination papers, which are without any irregularity or defect. A candidate's nomination shall not be rejected on the ground of any defect that is not of substantial character.
Where is the poll for election to the Office of President held?
A Room in the Parliament House in New Delhi and a room in the Secretariat building of State Legislative Assemblies in each state, including NCT of Delhi and UT of Puducherry are generally fixed as places of poll, by the Election Commission.
Can the electors choose their place of voting?
Yes. While normally Members of Parliament vote in New Delhi and the members of the State Legislative Assemblies, including the members of the Legislative Assemblies of NCT of Delhi and UT of Puducherry vote at the place fixed in each State/UT capital, facilities are provided by the Election Commission for any MP to vote in the capital of State and similarly an MLA may vote at the polling booth set up in the Parliament House, if he is in Delhi on the date of poll.
However, the MP or MLA who opts to vote in a place other than the place where the member is designated to vote is required to intimate the same to the Commission well in advance (ten days) for making necessary arrangements. In exceptional circumstances, MPs and MLAs may be permitted by the Commission to vote at other State Capitals also.
What is the colour and form of ballot papers used in the election to the office of the President?
The Election Commission has directed that the ballot papers should be printed in two colours - in green for use by Members of Parliament and in pink for use by the Members of the State Legislative Assemblies. The ballot papers are printed with two columns - first column containing the names of the candidates and the second column for marking preferences by the elector for each such candidate. The ballot papers are printed in Hindi and English for use by MPs and in the official language(s) of the State and English for use by the MLAs of the State concerned.
For marking the vote, the Commission will supply particular pens. This pen will be given to the electors in the polling station by the designated official when the ballot paper is handed over. Electors have to mark the ballot only with this particular pen and not with any other pen.
Is the value of vote of each elector the same?
No. The value of votes of MLAs would differ from State to State as the value of each such vote is calculated by the process explained below. However, the value of votes of all MPs is the same.
How is the value of votes of members of the Electoral College calculated?
The value of votes of electors is basically determined on the basis of population of the States in accordance with the manner laid down in Article 55(2) of the Constitution.
The Constitution (Eighty-fourth Amendment) Act, 2001 provides that until the population figures for the first census to be taken after the year 2026 have been published, the population of the States for the purposes of calculation of value of the votes for the Presidential Election shall mean the population as ascertained at the 1971 census.
The value of the vote of each member of a State Legislative Assembly included in the Electoral College is calculated by dividing the population of the State concerned (as per 1971 Census) by the total number of elected members of the Assembly, and then further dividing the quotient by 1000. If the remainder, while so dividing is 500 or more, then the value is increased by '1'.
Total value of votes of all members of each State Assembly is worked out by multiplying the number of elective seats in the Assembly by the number of votes for each member in the respective State.
The total value of votes of all the States worked out as above in respect of each State and added together is divided by the total number of elected members of Parliament (Lok Sabha 543 + Rajya Sabha 233) to get the value of votes of each Member of Parliament.
What is the manner/procedure for recording votes at an election to the office of President?
In accordance with the system of proportional representation by means of single transferable vote, every elector can mark as many preferences, as there are candidates contesting the election. These preferences for the candidates are to be marked by the elector, by placing the figures 1,2,3, 4, 5 and so on, against the names of the candidates, in the order of preference, in the space provided in column 2 of the ballot paper.
The preferences can be indicated in international form of Indian numerals or in the form used in any Indian language or in Roman form but the preferences cannot be indicated in words like one, two, first preference second preference etc.
Is it compulsory for an elector at a Presidential election to mark his preference for all candidates?
No. Only the marking of first preference is compulsory for a ballot paper to be valid. Marking other preferences is optional.
Are the provisions of the Anti-Defection Law applicable in Presidential elections?
No. Members of the Electoral College can vote according to their wish and are not bound by any party whips. The voting is by secret ballot. Therefore, Party whip does not apply in this election.
Are Nominated Members of either Houses of Parliament or a State Legislative Assembly eligible to vote at the election to the Office of President?
No. Only elected members of both Houses of Parliament and of the State Legislative Assemblies are members of the Electoral College for Presidential Election. Therefore, nominated members cannot vote in this election.
Can an elector at a Presidential election exercise his vote by proxy?
Whether provisions of NOTA are applicable?
Can a disabled or illiterate elector in a Presidential election take the help of a companion to record his vote?
No. Unlike in Parliamentary and Assembly election, an elector cannot take the help of a companion. He can take only the assistance of the Presiding Officer to record his vote, if he is unable to read the ballot paper or to record his vote by reason of his illiteracy or blindness or any physical or other disabilities. The Presiding Officer is obliged under the rule to record the vote according to the wishes of the elector and keep such vote secret.
How can an elector who is under preventive detention during the period of Presidential election cast his vote?
An elector under preventive detention can cast his vote through postal ballot, which will be sent to him by the Election Commission on the place of his detention.
Is the winner in a Presidential election elected on the basis of obtaining simple majority? Or by securing a specified quota of votes?
As the Presidential election is held in accordance with the system of proportional representation by means of the single transferable vote, every elector has as many preferences as candidates contesting the elections. The winning candidate has to secure the required quota of votes to be declared elected, i.e., 50 per cent of valid votes polled + 1.
What are the grounds for rejection of the ballot papers?
What is the procedure of counting in a Presidential election? How is the quota of votes to be secured by the winning candidate determined?
After the valid ballot papers are segregated from the invalid ones, the valid ballot papers are distributed among the contesting candidates on the basis of first preference marked on each of them for those candidates.
The total votes secured by each contesting candidate is ascertained by adding together the value of vote of each ballot paper (of an MP or MLA) that has the candidate as the first preference. This is the first round of counting.
For ascertaining the quota sufficient to secure the return of a candidate, the value of votes credited to each contesting candidate in the first round of counting is added up to determine the total value of valid votes polled at the election.
Such total value of valid votes is then divided by two, and one is added to the quotient so obtained, ignoring the remainder, if any. The number so determined, is the quota, which a candidate should secure to be declared elected.
If the total value of the votes credited to any candidate at the first count, is equal to, or greater than, the quota sufficient to secure the return of a candidate, that candidate is declared elected by the Returning Officer.
If, however, after the first round of counting, no candidate secures the requisite quota, then the counting proceeds on the basis of a process of elimination and exclusion, whereby the candidate credited with the lowest number of votes is excluded and all his ballot papers are distributed among the remaining (continuing) candidates on the basis of the second preferences marked, if any, thereon. The value of such transferred ballot papers will be the same as the value at which the excluded candidate received them.
The ballot papers on which second preference is not marked is treated as exhausted ballot papers and shall not be further counted, even if the third or subsequent preferences are marked thereon.
If no candidate secures the requisite quota even at this stage after distribution of votes of the excluded candidate then the process of counting will continue on the same basis of elimination and exclusion of the candidate with lowest vote till a candidate secures the required quota of votes.
In case, even after the exclusion of the candidates receiving the lowest number of votes, no candidate secures the requisite quota and ultimately one candidate remains as the lone continuing candidate, he is declared elected even if he has failed to secure the quota sufficient to secure the return of a candidate.
Where is the counting of votes in a Presidential election held?
The counting of votes is done in the office of the Returning officer at New Delhi.
When is the security deposit of a candidate in a Presidential Election forfeited?
The Security deposit shall be forfeited if the candidate is not elected and the number of valid votes polled by him does not exceed one-sixth of the number of votes necessary to secure return of a candidate at such election. In other cases, the deposit will be returned to the candidate. The security deposit is returned by ECI.
Can the result of the election to the Office of President be challenged? If so, what is the proper procedure for doing so?
Yes. An election to the Office of the President can be called in question by means of an election petition presented to the Supreme Court after the election is over. Such election petition should be presented by a candidate or twenty or more electors joined together as petitioners, and may be presented at any time after the date of publication of the declaration containing the name of the returned candidate at the election, but not later than 30 days from the date of such publication. Subject to these provisions, the Supreme Court, under Article 145 of the Constitution, may regulate the form, manner and the procedures connected with such election petitions.
How is the President sworn in?
Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say:
"I, A.B., do swear in the name of God/solemnly affirm that I will faithfully execute the office of President (or discharge the functions of the President) of India and will to the best of my ability 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 India."
How can a President be impeached?
When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.
If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed.
