Page 209 - Leap of Faith Vol - 2
P. 209

Electing the President and Vice President  Chapter 8





            Vice-Presidential Election Rules, 1952. The subordinate   The  President  and  Vice  President  are  elected  by  two
            legislation  has  since  then  been  superseded  by   different electoral colleges through secret ballot. The one
            Presidential and Vice-Presidential Election Rules, 1974.   that  elects  the  President  –  under  Article  54  of  the
                                                             Constitution–  comprises  a)  elected  members  of  both
            The Vice-Presidential election proved simple. Only two
            nomination papers had been filed. On April 25, 1952,   Houses  of  Parliament  and  b)  elected  members  of  the
            Dr. S. Radhakrishnan - the distinguished scholar of Indian   Legislative Assemblies of the states. The value of votes of
            philosophy and former ambassador to the USSR - was   each member of the electoral college is not the same. This is
            declared winner without a contest after the nomination   evidently because the members therein do not represent
            paper of Janab Sheikh Khadir Hussein was rejected under   their  own  franchise.  The  Members  of  Legislative
            rule  4  (2)  Presidential  and  Vice  Presidential  Election   Assemblies  represent  the  population  strength  of  their
            Rules, 1952.                                     respective states. For calculating the value of votes, the
                                                             Constitution  (Eighty  Fourth)  Amendment  Act,  2001
            On May 2, 1952, the polling in the first Presidential elections
                                                             provides that in this article the expression “population”
            took place. All elected members of the House of People (Lok
            Sabha) and the Council of States (Rajya Sabha) as well as all   shall  mean  the  population  as  ascertained  at  the  1971
                                                             Census until the relevant population figures for the first
            elected members of the Legislative Assemblies of different
                                                             census to be taken after the year 2026 have been published.
            states cast their votes to elect the first President of India.
            The polling took place in Room No.63, Parliament House in   The Vice Presidential election is simpler by comparison.
            New Delhi, and Legislative Assembly buildings in respective   Under Article 66 (1) of the Constitution, the Vice President
            state capitals. The ballot papers, however, were all counted   is  elected  by  the  members  of  an  electoral  college
            in the Parliament building on May 6, 1952.       comprising  members  of  both  Houses  of  Parliament
            Dr.  Rajendra  Prasad  who  secured  5,07,400  votes  was   (including the nominated members) in accordance with
            declared winner. He defeated his nearest rival K.T. Shah,   the system of proportional representation by means of
            who secured 92,827 votes, by more than four lakh votes.  single transferrable vote by a secret ballot. A person who
                                                             is not a sitting Member of Parliament is not a part of the
                                                             electoral college to elect the Vice President of India.
            “                         - Dr. Rajendra Prasad  “  Committee  dated  July  4,  1947.  Approved  by  the
              It  thus  comes  about  that,  while  the  Parliament  and
                                                             The methods of electing the President and Vice President
              Legislative Assemblies are elected by the adult population
                                                             were first proposed in the Report of Union Constitution
              of the country as a whole, the President is elected by
              representatives who represent the entire population twice
                                                             Constituent  Assembly  later  that  month,  they  were
              over, once as representatives of the States and again as
                                                             incorporated  into  the  Constitution  of  India  with  some
              their representatives in Central Parliament of the country.
              But although the President is elected by same electorate as
                                                             alterations.  They  were  not  arbitrary  but  reflected  an
                                                             underlying constitutional philosophy. It epitomised a wider
              Central and State Legislature, it is as well that his position
              is that of a constitutional President.
                                                             reorganisation of forces within the Constituent Assembly.
                                                             The  Committee  unambiguously  resolved  the  opinion
                      President, Constituent Assembly, November 26, 1949
                                                             divide  in  the  Constituent  Assembly  over  the  form  of

                                                                                                               191
   204   205   206   207   208   209   210   211   212   213   214