Actual Article
Article 55 of the Indian Constitution specifies the manner of the election of the President of India. It aims to ensure a uniform and proportionate representation of the states and the Union in the Presidential Electoral College.
Text of Article 55
- Uniformity in Presidential Election: As far as practicable, there shall be uniformity in the scale of representation of the different States at the election of the President.
- Proportional Representation: For the purpose of securing such uniformity among the States inter se as well as parity between the States as a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative Assembly of each State is entitled to cast at such election shall be determined in the following manner:
- The value of the vote of an elected member of a Legislative Assembly of a State shall be calculated by dividing the population of the State by the total number of elected members of the Assembly and then by multiplying the quotient by one thousand. The result is rounded off to the nearest whole number.
- The value of the vote of an elected member of either House of Parliament shall be determined by dividing the total value of the votes assigned to members of the Legislative Assemblies of the States by the total number of elected members of both Houses of Parliament, then by multiplying the quotient by one thousand. The result is rounded off to the nearest whole number.
- Population for Calculation: For the purposes of the calculation, the population of the States shall be taken as per the census figures of 1971 until the relevant figures for the first census taken after the year 2000 have been published.
- Disputes on Election of President: Any disputes arising out of the election of the President shall be inquired into and decided by the Supreme Court of India.
UPSC Notes for Article 55
- Objective: To provide a fair and uniform method for electing the President of India, ensuring equal representation of the states and the Union.
- Key Provisions:
- Uniformity and Parity: Ensures uniformity in representation among states and parity between the Union and the states in the Presidential Electoral College.
- Value of Votes: The value of votes for elected members of Legislative Assemblies and Parliament is calculated to maintain proportional representation based on population.
- Population Basis: Uses the 1971 census figures for vote value calculation until updated figures are available, maintaining consistency and fairness.
- Supreme Court Jurisdiction: Empowers the Supreme Court to resolve disputes related to Presidential elections, ensuring a judicial check on the electoral process.
- Significance: Article 55 is critical in maintaining the federal balance and democratic legitimacy in the election of the President, ensuring that both larger and smaller states have an equitable influence.
Important Cases and Commissions Related to Article 55
- Indira Nehru Gandhi vs. Raj Narain (1975): Although this case primarily dealt with the election laws, it highlighted the importance of fairness and uniformity in electoral processes, indirectly reinforcing the principles of Article 55.
- Union of India vs. Association for Democratic Reforms (2002): This case emphasized transparency and fairness in elections, relevant to all electoral processes, including the Presidential election.
Important Reports Related to Article 55
- Sarkaria Commission Report (1983): Discussed the balance of power between the Union and States, relevant to the proportional representation system in Presidential elections.
- Punchhi Commission Report (2010): Suggested reforms to enhance the federal structure, including recommendations for the Electoral College system.
Previous Year Prelims Questions Related to Article 55
- Prelims 2019:
- The value of a vote of an elected member of a Legislative Assembly in the Presidential election is determined based on:
- (a) Population of the state
- (b) Number of seats in the Legislative Assembly
- (c) Both (a) and (b)
- (d) Population of the country
- Answer: (c) Both (a) and (b)
- Prelims 2016:
- The uniformity in the scale of representation of different States in the Presidential election is maintained by:
- (a) Providing equal votes to all states
- (b) Proportional representation based on population
- (c) Rotating the voting power among states
- (d) Representation based on area
- Answer: (b) Proportional representation based on population
Previous Year Mains Questions Related to Article 55
- Mains 2018:
- Discuss the significance of the proportional representation system in the election of the President of India as outlined in Article 55. How does it ensure fairness and federal balance?
- Mains 2015:
- Explain the method of the Presidential election in India as per Article 55 of the Constitution. How does this method reflect the federal structure of India?
Article 55 ensures a fair and balanced electoral process for the President of India, reflecting the federal structure by maintaining proportional representation of states based on population. This article is essential for understanding the electoral mechanics and the constitutional mandate for equitable representation in the highest constitutional office. Understanding Article 55 is crucial for UPSC aspirants as it underscores the democratic and federal principles guiding India’s polity.