What forms Electoral College for President’s election?
Q. Which of the following is/true regarding President?
1) Nominated members of the state legislative assemblies participate in President’s election.
2) Articles 52 to 78 deals with the Union executive.- Published on 28 Feb 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Only 2
- Articles 52 to 78 in Part 5 of the Constitution deals with the Union executive.
- The Union executive consists of - the President, the Vice-President, the Prime Minister, the council of ministers and the Attorney General of India.
- The President is the head of the Indian State.
- He is the first citizen of India.
Election of The President -
- The President is elected not directly by the people.
- The method of election of the President has been adopted from the Irish constitution.
- He is elected by members of Electoral College.
The electoral college consists of -
(a) The elected members of both the Houses of Parliament.
(b) The elected members of the legislative assemblies of the states.
(c) The elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.
People who don’t participate in election of President are -
(a) Nominated members of both of Houses of Parliament.
(b) The nominated members of the state legislative assemblies.
(c) The members (both elected and nominated) of the state legislative councils (in case of the bicameral legislature).
(d) The nominated members of the Legislative Assemblies of Delhi and Puducherry.
- Where an assembly is dissolved, the members are not qualified to vote in presidential election, even if fresh elections to the dissolved assembly are not held before the presidential election.
- The Constitution also provides that there shall be uniformity in the scale of representation of different states as well as parity between the states as a whole and the Union at the election of the President.
- All doubts and disputes in connection with election of the President are inquired into and decided by the Supreme Court whose decision is final.
- The election of a person as President cannot be challenged on the ground that the Electoral College was incomplete (i.e., existence of any vacancy among the members of Electoral College).
- If the election of a person as President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated and continue to remain in force.
