Page 207 - Leap of Faith Vol - 2

Chapter 8

Electing the President &

Vice President

n January 24, 1950, the Constituent Assembly occupancy was, however, interim since a de jure President
met for the last time. One of the items on its had to be elected only in accordance with Articles 54 and
Oagenda was the election of the President of 55 of the Constitution. The election of a President of India
India. H.V.R. Iyengar, the Returning Officer and Secretary, for regular term was critically dependent upon the
Constituent Assembly declared Dr. Rajendra Prasad as the formation of the bi-cameral Parliament and Legislative
winner on the ground that his was the only nomination Assemblies in various states, which together constituted
paper received. The 'election', though without a contest, the electoral college for electing the President. The
took place under Rule 8 (1) of the Rules of the Election of election of the President of India therefore followed the
the President (devised by the Constituent Assembly) since First General Elections (1951-52). Additionally, there must
the Constitution of India adopted on November 26, 1949 be a Vice President of India (Article 63) to be elected in
had yet not come into force. The victory announcement accordance with Article 66 of the Constitution. The post
was followed by 'loud and prolonged' cheers. Later that was never filled up by the Constituent Assembly. The
day, the members of Constituent Assembly proceeded to Council of State (Rajya Sabha), of which he was the ex-
sign the original copy of the Constitution and its Hindi officio Chairman (Article 64), had not been constituted yet.
translation. The Constitution came into force a couple of
Election Commission of India – under Article 324 (1) of
days later on January 26, 1950, marking independent
the Constitution – was authorised to conduct the
India's transition from a dominion into a Republic.
elections to these two august offices of the republic.
Dr. Rajendra Prasad, previously President of the However, as in the case of the elections to the legislature-
Constituent Assembly, thus became the first President of held under Representation of the People Acts, 1950 and
India. Fulfilling the position was a constitutional imperative 1951 – it took some time before the legal groundwork for
as the executive authority of the Union of India is vested in elections to the two highest offices of the republic was
the President (Article 53), who is also the legislative head laid through the Presidential and Vice-Presidential
(Article 79) of the Union. Between 1950 and 1952, he Elections Act, 1952 (Act. 31 of 1952) promulgated on
headed the unicameral provisional Parliament of India. His March 14, 1952 and notification of the Presidential and

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