Part V: The Union

Chapter I: The Executive

Article 54: Election of President

--- Original Article ---

The President shall be elected by the members of an electoral college consisting of—

• (a) the elected members of both Houses of Parliament; and
• (b) the elected members of the Legislative Assemblies of the States.

1 [Explanation.—In this article and in article 55, “State” includes the National Capital Territory of Delhi and the Union territory of *Pondicherry.]

Explanation

Article 54 of the Indian Constitution provides the framework for electing the President of India. It establishes a unique electoral college, designed to reflect the federal nature of the Indian polity. The article ensures that elected representatives from both the central government and the states have a role in selecting the highest office bearer of the country.

Key Provisions

• Members of the Electoral College: The electoral college comprises elected members of Parliament and the Legislative Assemblies of States, ensuring democratic legitimacy. Nominated members are excluded.
• Definition of State: The Explanation extends the definition of "State" to include the National Capital Territory of Delhi and the Union territory of Puducherry, ensuring their representatives participate in the process.

Amendments and Real-Life Examples

• Amendments: The Seventeenth Amendment in 1992 expanded the definition of "State" to include Delhi and Puducherry, allowing their representatives to participate in the Presidential election.
• Real-Life Example: In the 2007 Presidential election, elected members from Delhi and Puducherry took part for the first time, reflecting the evolving nature of India’s federal structure.

Historical Significance

The framers of the Constitution ensured that the election of the President reflected India's federal structure. The 1992 amendment was an important step in including Union territories like Delhi and Puducherry in national processes, ensuring fair representation.

Legislative History

Article 54, initially drafted as Article 43 of the Draft Constitution, was extensively debated on December 10 and 13, 1948, before being adopted.

Debates and Deliberations

During the debate on the Presidential election process, Mr. Tajamul Husain proposed the inclusion of the term "elected" in clause (a), emphasizing the need for elected members to participate. Professor K. T. Shah argued for direct elections through adult suffrage but was opposed by Shri K. Hanumanthaiya, who supported the indirect election system. Dr. B. R. Ambedkar ultimately rejected Shah’s proposal, maintaining that executive powers rest with the Prime Minister, not the President.

Professor K. T. Shah advocated for a direct election of the President through adult suffrage and secret ballot, arguing that this would make the President a true representative of the people, capable of acting independently, particularly in emergency situations. He believed that the current indirect election method risked making the President subservient to the Prime Minister.

However, Shri K. Hanumanthaiya from Mysore opposed this amendment, highlighting the practical issues of including disqualified individuals, such as convicts or those without voting rights, in a direct election. He supported the Constitution’s design of an indirect election system, emphasizing that a non-partisan president could be better ensured by being elected by elected representatives, rather than campaigning for votes nationwide.

Dr. B. R. Ambedkar, chairman of the drafting committee, concluded that the Indian President differs from the American president, as the executive powers rest with the Prime Minister. Therefore, Professor Shah’s proposal was rejected, and the article was adopted as initially framed.