According to the Indian Constitution, there has always been a President of India (See Article 52 of the Constitution). He is elected to the country’s highest elective post in line with the requirements of the Constitution and the Presidential and Vice-Presidential Elections Act of 1952. The terms of the Presidential and Vice-Presidential Elections Rules, 1974, enhance the provisions of the said Act, and the said Act under Rules creates a complete Code controlling all elements of the conduct of elections to the Office of the President.

The President serves for five years from the date he takes office, and hence an election is scheduled for this year (2017) to elect the new President before the tenure of the existing President of India, Shri Pranab Mukherjee, expires on July 24, 2017.

 

In the context of the election mentioned above, the following commonly asked questions (FAQs) and answers are provided to dispel any uncertainties and misunderstandings in the minds of prospective candidates, voters, and the general public:

 

Q.1 Who chooses India’s President?

 

Answer: The President is chosen by an Electoral College comprised of elected members of both Houses of Parliament as well as electors of the Legislative Assemblies of all states, as well as the National Capital Territory of Delhi and the Union Territory of Puducherry. [Article 54 of the Indian Constitution] ]

 

Q.2 How long is the President’s tenure in office?

 

Answer: The President will serve for a five-year term beginning on the date he takes office. He must, however, continue to hold office despite the expiration of his term until his replacement takes office. [Article 56 of the Indian Constitution]

 

Q.4 Who oversees the election of the President of India?

 

Answer: The Election Commission of India has the jurisdiction to hold presidential elections under Article 324 of the Indian Constitution.

 

Q.5 What election system/process is in place for the election of the President?

 

Answer: According to Article 55(3) of the Indian Constitution, the elections of the President should be held in line with the proportional representation by way of a single transferable vote, with voting conducted by secret ballot.

 

Q.6 What qualifications must a candidate have to run for the office of President of India?

 

Answer: According to Article 58, a candidate must meet the following eligibility requirements to run for President: –

1. You must be an Indian citizen.
2. You must be at least 35 years old.
3. Must be qualified to vote in the Lok Sabha.
4. Should not occupy any profit-making post under the Government of India, the Government of any State, or any municipal or other authority subject to the supervision of any of the aforementioned Governments.

However, the candidate may be President, Vice-President, Governor of any State, or Minister of the Union or any State and be qualified to run for election.

 

Q.7 Aside from the aforementioned, what are the requirements that a candidate must meet for his nomination to be valid?

 

Answer: A nomination document for an election must be submitted in the appropriate form (Form 2 annexed to the Presidential and Vice-Presidential Elections Rules, 1974) and signed by at least fifty delegates as proposers and at least fifty electors as seconders. The fully completed nomination form must be handed to the Returned Candidate between 11 a.m. and 3 p.m. or any other day other than a public holiday designated by the Election Commission.

DzElectorsdz refers to elected MPs and MLAs who are voters in the Presidential Election.

A receipt stating that the sum has been deposited by the applicant or on his account in the Reserve Bank of India or a Government Treasury should be supplied along with the nomination document.

The candidate must also provide a certified copy of his name appearing on the present electoral roll for the Parliamentary Constituency in which he has been registered as an elector. [See Sections 5B and 5C of the 1952 Presidential and Vice-Presidential Elections Act]

 

Q.8 Who is designated as the Returning Officer/Assistant Returning Officer for the election of the President of India? Who makes such a decision?

 

Answer: The Secretary-General of the Lok Sabha or the Secretary-General of the Rajya Sabha is appointed as the Returning Officer by rotation. As Assistant Returning Officials, two other senior officers from the Lok Sabha/ Rajya Sabha Secretariat and the Secretaries, as well as one more senior officer from the Legislative Assemblies of all States, including the NCT of Delhi and the Union Territory of Puducherry, are appointed. Such appointments are made by the Indian Election Commission.

 

[The Secretary-General Lok Sabha is the Returning Officer for the 2017 Presidential Election.]

 

Q.9 Could a Candidate submit several nomination papers? What would have been the security deposit required of such a candidate?

 

Yes, it is. A candidate may file up to four nomination papers. He is, however, only needed to submit one damage deposit in this respect. [See Sections 5B (6) and 5C of the 1952 Presidential and Vice-Presidential Elections Act]

 

Q.10 In a Presidential election, may an elector suggest or support the candidacy of much more than one candidate?

 

No, it does not. At a Presidential election, an elector can only suggest or second the name of one candidate. If someone signs as a proposer or seconder on the candidacy of more than one contender, his signature is only valid on the first nomination document sent. [See Section 5B(5) of the 1952 election law.

 

Q.11 Who examines the nomination documents presented by candidates, and who might be present during such examination?

 

Answer: Under Subsection (1) of Section 4 of the Presidential and Vice-Presidential Elections Act, 1952, all nomination papers received by the Returning Officer during the period specified by the Election Commission are scrutinized by the Returning Officer himself on the date fixed by the Election Commission. The applicants, one proposer or seconder of each candidate, and one other individual duly authorized in writing by each applicant shall be entitled to be present at the time of such scrutiny, and they shall be provided with all rational facilities for examining the certificate of candidacy of the candidates and raising objections regarding them.

 

Q.12 What are the grounds for refusing the nomination of a presidential candidate? 

 Answer: Nominations may be rejected by Responding Officers for the following reasons under Section 5E of the Presidential and Vice Presidential Elections Act 1952:- 

1. From the date of consideration for nomination, the candidate is ineligible to stand for  President by the Constitution; Where 
2. if any nominee or seconded person is ineligible to sign the declaration of candidacy, i.e. is not  a voter in the election; Where 
3. if  not registered by the required number of the motor and/or second person; Where 
4. if the signature of the applicant or any author of the proposal or endorsement is unauthentic or has been fraudulent; Where 
5. if the candidacy statement is not presented personally by the candidate or one of the nominees or their supporters or if it is not returned to the officer, within the time and date specified for this purpose or at the location designated for that purpose, or the candidate has failed to pay the required deposit in the prescribed manner. 

 However, a candidate’s application will not be rejected if he or she has submitted another set of application documents, free of any irregularities or defects. A candidate’s nomination cannot be denied because of an insignificant defect. 

 

 Q.13 Where is the presidential election held? 

  Answer: One hall in  Parliament in New Delhi and one in the State Legislature Secretariat building in each state including NCT  Delhi and UT Pondicherry are normally designated by the Election Commission as polling places. promissory note. [see Rule 7 of the Regulations on Elections of President and Vice President, 1974] 

 

 Q.14 Can voters choose where to vote? 

 Answer yes. Although it is customary for the  Members of Parliament to vote in New Delhi and the Members of the State Legislative Assembly including the Member of the Legislative Assembly of NCT  Delhi and UT Pondicherry to vote at the designated place in the capital. capital of each State/UT, facilities is provided by the Electoral Commission to any congressman. voting in the state capital and likewise an MP can vote at the polling station set up in Parliament if he is in Delhi on the day of the poll. However, the Member or Deputy Member who chooses to vote in a place other than where the member is appointed to vote is required to notify the Committee (ten days) in advance to make the necessary arrangements. In exceptional circumstances, Members and Delegates may also be authorized by the Commission to vote in other state capitals.

 

Q.15 What is the color and shape of the ballot used in the Presidential election? 

 Answer: The Elections Commission has requested that ballots be printed in 2 (two) colors – green for use by Members of Congress and pink for use by  Members of the State Legislature. Votes are printed in two columns, the first of which lists the names of the candidates and the second to mark voters’ preferences for each of these candidates. Ballots are printed in Hindi and English for use by congressmen and in the official state language(s)  and  English for use by the state parliamentarians concerned. [see Rule 10 of the Regulations on Elections of President and Vice President, 1974] 

 Q.16 Is the vote value of each voter the same?  Answer: No. The value of MP votes varies from state to state, as the value of each of these votes is calculated according to the process explained below. However, the vote value of all delegates is the same.  

 

 Q.17 How is the value of votes cast for members of the Electoral College calculated? 

  Answer: The value of a voter’s vote is determined based on the population of the States in the manner prescribed in Article 55, paragraph 2. 

 

 of the Constitution. The Constitution (Eighty-Fourth Amendment) Act of 2001 provides that until the population figures for the first census taken after 2026 are released, the populations of the states the purpose of calculating the value of the number of votes for the president. election By-election, we mean the population as determined in the 1971 census. The value of the vote of each member of the State Legislature included in the Electoral College is calculated by dividing the population of the state concerned (as of the 1971 census) by the total number of elected members of the Assembly. , then divide the quotient again. equals 1000. If the remainder, during such division, is 500 or more,  the value will increase to 313. The total value of votes cast by all members of the National Assembly of each State is calculated by multiplying the number of elective seats in the National Assembly by the number of votes cast by each member of the respective State. The total value of votes of all states is calculated as above for 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. Congressional. The declaration of the value of votes of delegates and delegates as provided for in Article 55(2) of the Constitution is given below*. (Appendix)

 

Q.18 What is the method/procedure to record votes in the Presidential election? 

 

 Answer: Under the system of proportional representation by a single transferable ballot, each voter can mark as many preferences as a candidate. The preferences given to the candidates must be marked by the voters by placing the numbers 1, 2, 3, 4, 5, etc., against the names of the candidates, in order of preference, in the space. in column 2 of the ballot. Preference can be expressed as international  Indian numerals or forms used in any Indian language or roman form, but preference cannot be expressed in words such as one, two,  second priority, and so on. and Vice President’s Rule, 1974].  

 

Q.19 Is it mandatory for a voter in a presidential election to indicate his or her preference for all candidates? 

 

  Answer: No. Only mentioning the priority is required for the vote to be valid. Mark other options as optional. 

 

  Q.20 Do the provisions of the anti-defection law apply to presidential elections?  

 

 Answer: No. Members of the electorate can vote as they please and are not bound by any partisan whip. Elections are secret ballots. Therefore, the party whip does not apply to this election. 

 

 Q.21 Can an appointed member of the House of Representatives or state legislatures vote in the Presidential election? 

 

 Answer: No. Only elected members of both houses of Congress and state legislatures are members of the electorate for presidential elections. Therefore, nominated members cannot vote in this election. [see Article 54 of the Constitution.] 

 

 Q.22 Can a voter in the presidential election, vote by proxy?  

 

 Answer: No. 

 

 Q.23 Are the provisions of NOTES applicable?  

 Answer: No. 

 

 Q.24 Can a disabled or illiterate voter in the presidential election have a companion assist in registering their vote?  

 

 Answer: No. In contrast to parliamentary and legislative elections, a voter cannot be supported by a companion. He may only be assisted by the chair of the meeting to register his vote, if he is unable to read his ballot or register his vote because of illiteracy, blindness or any other physical condition, or any other illness. According to the regulations, the presiding officer must record the ballot according to the wishes of the voters and keep the ballot secret. [see Article 19 of the Presidential and Vice Presidential Regulations, 1974].

 

Q.25 How can a voter be detained during the presidential election vote?  

 

 Answer: An incarcerated voter can vote by postal bulletin which will be mailed to him by the Elections Commission of the place of detention. [see Article 26 of the Presidential and Vice Presidential Regulations, 1974].  

 

 Q.26 Is the winner of the presidential election elected based on a simple majority? Or by getting a specific vote quota? Answer: Since the presidential election is held under a unique transferable suffrage proportional representation system, how many preferences does each voter have for the candidate for election. The winning candidate must reach the required quota of votes to be declared elected, i.e. 50% of valid votes gain +1. [see Appendix to the Presidential and Vice Presidential Rules, 1974].  

 

 Q.27 What are the reasons for rejecting the ballot? 

 Answer: The employee returned an invalid ballot  on which: 

 

1. Number 1 is not marked; Where 
2. The number 1 is marked next to the name of more than one candidate or  marked in a way that makes it uncertain which candidate  is intended to apply for; Where 
3. Number 1 and  other numbers marked with the same name of the same contestant; Where 
4. Any sign that allows the voter to be identified will be affixed. 

 A ballot will also be void if the preference is marked with words such as one, two, three or first preference, second preference, third preference, etc., instead of the numbers 1, 2, 3, etc. A postal vote may be rejected if the signature of 

 voter on the declaration and attestation form received with the ballot. 

  The document has not been duly verified by the authority listed on this form (usually a prison or detention officer). [see Rule 31 of the Statute of the President and Vice President, 1974].

 

Q.28 What is the procedure for counting votes in a presidential election? How are successful candidates determined?  

 Answer: After valid ballots are separated from invalid ballots, valid ballots are distributed to candidates running based on the priority marked on each ballot for those candidates. The value of the number of votes that each candidate for the election receives in this process is determined by multiplying the number of first preference votes marked for him, by the value of votes each vote of a member (Congressman or member) represented as stated on the ballot itself. The total number of votes obtained by each candidate in the election is then determined by adding up the value of the votes he has obtained from the deputies and members of the legislative assemblies of the States. This is the first count. To determine enough quotas to warrant a candidate’s return, the value of the votes allocated to each candidate running in the first round of counting is added to determine the total value of the valid votes. the rate obtained in the election. This total value of valid votes is then divided by two and one votes is added to the resulting quotient, ignoring the remainder, if any. Thus, the number is defined as the quota that a candidate must achieve to be declared elected.  If the total value of the votes attributed to a candidate at the first count is equal to or greater than the quotient sufficient to warrant the candidate’s return, the candidate is declared elected by the returning officer. choose. However, if, after the first round of vote counting, no candidate has achieved the required quota,  the counting of votes takes place on an elimination and exclusion basis, in which the candidate is trusted with the number of votes cast. the least will be disqualified and all votes distributed to the remaining (in-progressing) candidates based on the marked second preferences, if any, on it. The value of such the transferred vote will be the same as the value received by the excluded candidate. Ballots for which second preference is not marked are considered exhausted ballots and will not be recounted, even if a third or next preference is marked there. If no candidate reaches the required quota even at this stage after the distribution of the excluded candidate’s votes, the vote-counting process will continue based on the elimination and exclusion of the candidate with the exception. the lowest number of votes until that candidate reaches the required vote quota. In this case, even after excluding the candidates with the smallest number of votes, no candidate reaches the required quotient and in the end, one candidate remains the only candidate left. , he was declared elected even if ‘he failed. enough quotient.

 

Q.29 Where does the counting of votes take place in a presidential election? 

 

 Answer: The counting of votes is done at the repatriation office in  New Delhi.  

 

 Q.30 When is the presidential candidate’s deposit lost? 

 

 Answer: The deposit will be forfeited if the candidate is not elected and the number of valid votes he or she receives does not exceed one-sixth of the votes required to secure the candidate’s return to that election. In other cases, the deposit will be returned to the candidate. I will return the deposit. [see Section 20A of the Presidents and Vice Presidents Act of 1952]. 

 

  Q.31 Is it possible to challenge the outcome of the presidential election? If so, what is the proper procedure to do so? 

 Answer yes. A presidential election can be challenged through an election petition to the Supreme Court after the election is over. Such election petitions must be presented by one candidate or twenty electors united as petitioners and may be presented at any time after the date of publication of the proclamation. containing the name of the candidate elected to the election under the age of 12 (of the President and Vice-Presidential  Elections Act, 1952), but no later than 30 days from the date of this publication. Under these provisions, the Supreme Court, according to Article 145 of the Constitution, may prescribe the form, manner, and procedure regarding such electoral petitions. [see articles 13 to 20 of the Presidential and Vice Presidential Act of 1952].