Showing posts with label POLITY. Show all posts
Showing posts with label POLITY. Show all posts

Saturday, August 24, 2013

Writs in Indian Constitution

The Indian Constitution empowers the Supreme Court and High Courts to issue writs for enforcement of any of the fundamental rights conferred by Part III of Indian Constitution.

The writ issued by Supreme Court and High Court differs mainly in three aspects:

a) The Supreme Court can issue writs only for the enforcement of fundamental rights whereas a High Court can issue writs for enforcement of fundamental rights along with “ for any other purpose” (refers to the enforcement of any legal right).

b) SC can issue writ against a person or government throughout the territory whereas High Court can issue writs against a person residing or against a government located within its territorial jurisdiction or outside its jurisdiction only if the cause of action arises within the territorial jurisdiction.

c) SC writs are under Article 32 which in itself is a fundamental right thus SC cannot refuse to exercise its writ jurisdiction. Whereas article 226 is discretionary thus HC can refuse to exercise its writ jurisdiction.

Types of writs:

• Habeas Corpus

Habeas corpus is a Latin term which literally means "You may have the body".  The concept of writ of habeas corpus has originated from England. This is a writ or legal action which can be used by a person to seek relief from illegal detention. The writ is a direction of the Court to a person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a specified place for a specified purpose.

A writ of habeas corpus has only one purpose: to set at liberty a person who is confined without legal justification; to secure release from confinement of a person unlawfully detained.  The writ does not punish the wrong-doer.  If the detention is proved unlawful, the person who secures liberty through the writ may proceed against the wrong - doer in any appropriate manner.  The writ is issued not only against authorities of the State but also to private individuals or organizations if necessary.

• Mandamus

The Latin word 'mandamus' means 'we command'.  The writ of 'mandamus' is an order of the High Court or the Supreme Court commanding a person or a body to do its duty. Usually, it is an order directing the performance of ministerial acts.  A ministerial act is one which a person or body is obliged by law to perform under given circumstances.  For instance, a licensing officer is obliged to issue a license to an applicant if the latter fulfills all the conditions laid down for the issue of such license.  Similarly, an appointing authority should issue a letter of appointment to a candidate if all the formalities of selection are over and if the candidate is declared fit for the appointment. But despite the fulfillment of such conditions, if the officer or the authority concerned refuses or fails to issue the appointment letter, the aggrieved person has a right to seek the remedy through a writ of 'mandamus'.

3. Certiorari

Literally, Certiorari means to be certified. It is issued by the higher court to the lower court either to transfer the case pending with the latter to itself or to squash the order already passed by an inferior court, tribunal or quasi judicial authority. The conditions necessary for the issue of writ of certiorari.

a. There should be court, tribunal or an officer having legal authority to determine the question with a duty to act judicially.
b. Such a court, tribunal or officer must have passed order acting without jurisdiction or in excess of the judicial authority vested by law in such court, tribunal or officer.
c. The order could also be against the principles of natural justice or the order could contain an error of judgment in appreciating the facts of the case.

4. Prohibition

The Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay Order'. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it. The writ of prohibition is issued by any High Court or the Supreme Court to any inferior court, or quasi judicial body prohibiting the latter from continuing the proceedings in a particular case, where it has no jurisdiction to try. After the issue of this writ, proceedings in the lower court etc. come to a stop.

Difference between Prohibition and Certiorari:

1. While the writ of prohibition is available during the pendency of proceedings, the writ of certiorari can be resorted to only after the order or decision has been announced.
2. Prohibition can be issued only against judicial and quasi judicial authorities whereas Certiorari can be issued even against administrative authorities affecting rights of individuals.

• Quo Warranto

The word Quo-Warranto literally means "by what warrants?" or "what is your authority"? It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled. The writ requires the concerned person to explain to the Court by what authority he holds the office. If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant. Thus High Court may issue a writ of quo-warranto if a person holds an office beyond his retirement age.

Wednesday, December 12, 2012

Reconstitution of Inter-State Council

The Inter-State Council has been reconstituted under the chairmanship of Dr. Manmohan Singh, Prime Minister.

The Council will have Chief Minister of all States, Chief Ministers of Union Territories having a Legislative Assembly and Administration of Union Territories not having Legislative Assembly and six Union Ministers Shri Sharad Pawar, Minister of Agriculture & Minister of Food Processing Industries, Shri P.Chidambaram, Minister of Finance, Shri Sushilkumar Shinde, Minister of Home Affairs, Shri M. Veerappa Moily, Minister of Petroleum & Natural Gas, Shri Kamal Nath, Minister of Urban Development and Shri Pawan Kumar Bansal, Minister of Railways as members.

Five Union Cabinet Ministers/Minister of State (Independent Charge) namely Shri Ghulam Nabi Azad, Minister of Health & Family Welfare, Shri S. Jaipal Reddy, Minister of Science & Technology, Shri C.P.Joshi, Minister of Road Transport & Highways, Shri M.K.Alagiri, Minister of Chemicals & Fertilizers and Shri Ashwani Kumar, Minister of Law & Justice are permanent invitees for the Inter-State Council.

Monday, November 26, 2012

THE CONSTITUTION (AMENDMENT) ACTS ( with year)


  •  The Constitution (First Amendment) Act, 1951.
  •     The Constitution (Second Amendment) Act, 1952
  •     The Constitution (Third Amendment) Act, 1954.
  •     The Constitution (Fourth Amendment) Act, 1955.
  •     The Constitution (Fifth Amendment) Act, 1955.
  •     The Constitution (Sixth Amendment) Act, 1956.
  •     The Constitution (Seventh Amendment) Act, 1956.
  •     The Constitution (Eighth Amendment) Act, 1959.
  •     The Constitution (Ninth Amendment) Act, 1960.
  •     The Constitution (Tenth Amendment) Act, 1961.
  •     The Constitution (Eleventh Amendment) Act, 1961.
  •     The Constitution (Twelfth Amendment) Act, 1962.
  •     The Constitution (Thirteenth Amendment) Act, 1962.
  •     The Constitution (Fourteenth Amendment) Act, 1962
  •     The Constitution (Fifteenth Amendment) Act, 1963.
  •     The Constitution (Sixteenth Amendment) Act, 1963
  •     The Constitution (Seventeenth Amendment) Act, 1964
  •     The Constitution (Eighteenth Amendment) Act, 1966.
  •     The Constitution (Nineteenth Amendment) Act, 1966.
  •     The Constitution (Twentieth Amendment) Act, 1966.
  •     The Constitution (Twenty-first Amendment) Act, 1967.
  •     The Constitution (Twenty-second Amendment) Act, 1969.
  •     The Constitution (Twenty-third Amendment) Act, 1969
  •     The Constitution (Twenty-fourth Amendment) Act, 1971.
  •     The Constitution (Twenty-fifth Amendment) Act, 1971.
  •     The Constitution (Twenty-sixth Amendment) Act, 1971.
  •     The Constitution (Twenty-seventh Amendment) Act, 1971.
  •     The Constitution (Twenty-eighth Amendment) Act, 1972.
  •     The Constitution (Twenty-ninth Amendment) Act, 1972.
  •     The Constitution (Thirtieth Amendment) Act, 1972
  •     The Constitution (Thirty-first Amendment) Act, 1973.
  •     The Constitution (Thirty-second Amendment) Act, 1973.
  •     The Constitution (Thirty-third Amendment) Act, 1974.
  •     The Constitution (Thirty-fourth Amendment) Act, 1974.
  •     The Constitution (Thirty-fifth Amendment) Act, 1974.
  •     The Constitution (Thirty-sixth Amendment) Act, 1975.
  •     The Constitution (Thirty-seventh) Act, 1975.
  •     The Constitution (Thirty-eighth Amendment) Act, 1975.
  •     The Constitution (Thirty-ninth Amendment) Act, 1975.
  •     The Constitution (Fortieth Amendment) Act, 1976.
  •     The Constitution (Forty-first Amendment) Act, 1976.
  •     The Constitution (Forty-second Amendment) Act, 1976
  •     The Constitution (Forty-third Amendment) Act, 1977.
  •     The Constitution (Forty-fourth Amendment) Act, 1978.
  •     The Constitution (Forty-fifth Amendment) Act, 1980.
  •     The Constitution (Forty-sixth Amendment) Act, 1982.
  •     The Constitution (Forty-seventh Amendment) Act, 1984.
  •     The Constitution (Forty-eighth Amendment) Act, 1984.
  •     The Constitution (Forty-ninth Amendment)Act, 1984.
  •     The Constitution (Fiftieth Amendment) Act, 1984.
  •     The Constitution (Fifty-first Amendment) Act, 1984.
  •     The Constitution (Fifty-second Amendment) Act, 1985.
  •     The Constitution (Fifty-third Amendment) Act, 1986.
  •     The Constitution (Fifty-fourth Amendment) Act, 1986
  •     The Constitution (Fifty-fifth Amendment) Act, 1986.
  •     The Constitution (Fifty-sixth Amendment) Act, 1987
  •     The Constitution (Fifty-seventh Amendment) Act, 1987.
  •     The Constitution (Fifty-eighth Amendment) Act, 1987.
  •     The Constitution (Fifty-ninth Amendment) Act, 1988
  •     The Constitution (Sixtieth Amendment) Act, 1988.
  •     The Constitution (Sixty-first Amendment) Act, 1988.
  •     The Constitution (Sixty-second Amendment) Act, 1989.
  •     The Constitution (Sixty-third Amendment) Act, 1989.
  •     The Constitution (Sixty-fourth Amendment) Act, 1990.
  •     The Constitution (Sixty-fifth Amendment) Act, 1990.
  •     The Constitution (Sixty-sixth Amendment) Act, 1990.
  •     The Constitution (Sixty-seventh Amendment) Act, 1990.
  •     The Constitution (Sixty-eighth Amendment) Act, 1991.
  •     The Constitution (Sixty-ninth Amendment) Act, 1991.
  •     The Constitution (Seventieth Amendment) Act, 1992.
  •     The Constitution (Seventy-first Amendment) Act, 1992
  •     The Constitution (Seventy-second Amendment) Act, 1992.
  •     The Constitution (Seventy-third Amendment) Act, 1992.
  •     The Constitution (Seventy-fourth Amendment) Act, 1992.
  •     The Constitution (Seventy-fifth Amendment) Act, 1993.
  •     The Constitution (Seventy-sixth Amendment) Act, 1994.
  •     The Constitution (Seventy-seventh Amendment) Act, 1995.
  •     The Constitution (Seventy-eighth Amendment) Act, 1995.
  •     The Constitution (Seventy-ninth Amendment) Act, 2000.
  •     The Constitution (Eightieth Amendment) Act, 2000 .
  •     The Constitution (Eighty-first Amendment) Act, 2000.
  •     The Constitution (Eighty-second Amendment) Act, 2000.
  •     The Constitution (Eighty-third Amendment) Act, 2000.
  •     The Constitution (Eighty-fourth Amendment) Act, 2001.
  •     The Constitution (Eighty-fifth Amendment) Act, 2002.
  •     The Constitution (Eighty-sixth Amendment) Act, 2002.
  •     The Constitution (Eighty-seventh Amendment) Act, 2003.
  •     The Constitution (Eighty-eighth Amendment) Act, 2003.
  •     The Constitution (Eighty-ninth Amendment) Act, 2003.
  •     The Constitution (Ninetieth Amendment) Act, 2003.
  •     The Constitution (Ninety-First Amendment Act, 2003
  •     The Constitution (Ninety-Second Amendment) Act, 2003.
  •     The Constitution (Ninety-Third Amendment  Act, 2005.
  •     The Constitution (Ninety-Fourth Amendment Act, 2006.
  •     The Constitution (Ninety-Five Amendment Act, 2009.
  •     The Constitution (Ninety-Sixth Amendment Act, 2011.
  •     The Constitution (Ninety-Seventh Amendment  Act, 2011.
  • Sunday, October 28, 2012

    PRIME MINISTER'S COMMITTEES AND COUNCILS

    The Economic Advisory Council

    The Economic Advisory Council to the Prime Minister was constituted on 29th Dec 2004 with the Chairman of Cabinet rank. Dr. C. Rangarajan is the current Chairman.
     
    The Members of the Council are Dr. Saumitra Chaudhuri, (Economic Adviser, ICRA), Dr. Govinda Rao (Director-General, National Institute of Public Finance & Policy), Dr. Vijay Shankar Vyas (President, Asian Society of Agricultural Economists) and Mr. Suman K. Bery (Director-General, National Council of Applied Economic Research.) The members of the Council will have the rank of Minister of State.
     
    Apart from advice on policy matters referred to the Council by the PM from time to time, the EAC also prepares a monthly report on economic developments at home and abroad for the Prime Minister. It monitors economic trends on a regular basis and bring to the PM’s attention important developments at home and abroad and suggests suitable policy responses.
     

    PM's Council on Micro, Small and Medium Enterprises (MSMEs)

    The Prime Minister had announced setting up of the Task Force in August, 2009 when representatives of prominent MSME associations had met him to highlight their issues and concerns. Accordingly, the Task Force under Shri T.K.A. Nair, Principal Secretary to Prime Minister was constituted on 2nd September, 2009 to reflect on the issues raised by the associations and formulate an agenda for action after discussions with all stakeholders. Its members included Member, Planning Commission, Secretaries of concerned Government Departments, Deputy Governor, RBI, Chairman and Managing Director, SIDBI and representatives of MSME associations.
     
    The report provided a roadmap for the development and promotion of the Micro, Small and Medium Enterprises (MSMEs). It recommended an agenda for immediate action to provide relief and incentives to the MSMEs, especially in the aftermath of the recent economic slowdown, accompanied by institutional changes and detailing of programmes, to be achieved in a time bound manner. In addition, it suggested setting up of appropriate legal and regulatory structures to create a conducive environment for entrepreneurship and growth of micro, small and medium enterprises in the country.
     
    Subsequently, the Prime Minister’s Council on MSMEs was formed on 7th April, 2010 to lay down broad policy guidelines and review the development of the MSME sector.  The Council shall meet once a year.
     
    A steering group has also been put into place comprising of Secretaries to the Ministries of MSME, Finance, Labour etc. This steering group has already met in April and reviewed the progress of implementation of the recommendations of the Task Force.
     

    PM's Council on Trade and Industry

    The newly reconstituted Prime Minister’s Council on Trade & Industry held its first meeting on 26th May, 2010. The Council held discussions on wide-ranging issues. It was decided to form Sub Committees comprising of the Members of the Council to discuss and formulate their recommendations to the Government on the following issues:
    (i) Skill development, Affirmative Action and Corporate Social Responsibility;
    (ii) Enhancing Agriculture Production and Food Security;
    (iii) Promoting Public Private Partnership especially in R&D and clean energy;
    (iv) Promoting Financial Inclusion; and
    (v) Backward and Tribal Area Development.

    PM's Council on Climate Change

    Constituted on 6th June 2008, a committee chaired by the Prime Minister called Prime Minister's Council on Climate Change will coordinate national action for assessment, adaptation and mitigation of climate change. 
     
    The Committee would focus on the following tasks:
     
    a)     Evolve a coordinated response to issues relating to climate change at the national level ;
    b)     Provide oversight for formulation of action plans in the area of assessment, adaptation and mitigation of climate change;
    c)     Periodically monitor key policy decisions. 
     
    The committee would be serviced by the Prime Minister's Office, which may obtain assistance as required from any Ministry/ Department/ Agency of Government. Specifically, the Ministry of Environment and Forests will assist PMO in facilitating the work of this Committee.
     

    PM's National Council on Skill Development

    The Prime Minister's National Council on Skill Development was  constituted on 1st July 2008 in pursuance of the decision of the Cabinet at its meeting held on 15th May 2008 on "Coordinated Action for Skill Development and setting up of the National Skill Development Corporation".
     
    The Council is at the apex of a three-tier structure and would be concerned with vision setting and laying down core strategies. The Council would be assisted by the National Skill Development Coordination Board chaired by the Deputy Chairman, Planning Commission which will  coordinate action for skill development both in the public and the private sector.
     
    To promote private sector action for skill development, an institutional arrangement in the form of a non-profit corporation called the National Skill Development Corporation is being set up by the Ministry of Finance. The Chairperson of the National Skill Development Corporation, a non- profit corporation to be set up by the Ministry of Finance would also be a  Member of the Council.
     

    The Trade and Economic Relations Committee

    Constituted on 3rd May 2005, the Trade & Economic Relations Committee is an institutional mechanism for evolving the extent, scope and operational parameters of our economic relations with other countries in a coordinated and synchronized manner.
      The Committee is serviced by the Prime Minister’s Office, which may obtain assistance as required from any Ministry/Department/Agency of Government.
     

    PM's National Council on India's Nutrition Challenges

    The Government has decided to constitute a Prime Minister's National Council on India's Nutrition Challenges for (a) policy direction (b) review and (c) effective coordination between Ministries which all will have a sectoral responsibility for the challenge of nutrition.

    Tuesday, August 28, 2012

    Cabinet nod for ban on child labour below 14

    The Union Cabinet on August 28 approved a proposal for amending the Child Labour (Prohibition and Regulation) Act, 1986, to ban employment of children aged up to 14 in any form of industry.
    It will be an offence to employ such children not only in factories or industries but also in homes or on farms, if their labour is meant to serve any commercial interest.
    The Ministry of Labour is likely to introduce the amendment bill in Parliament soon.
    Quoting the National Sample Survey Organisation’s figures, official sources said the amendment would benefit 46 lakh children, who have been working in various industries now, and they can concentrate on education.
    The Cabinet also approved another amendment to define children aged 14-18 as “adolescents” and prohibit their employment in mines, explosives industries, chemical and paint industries and other hazardous establishments.
    The government’s decision is in line with the convention of the International Labour Organisation (ILO), which prohibits any form of child labour until the age of 14.
    Since the Right of Children to Free and Compulsory Education Act or RTE now stipulates compulsory and free education of children up to the age of 14, the upper age limit in the Child Labour Act has been kept at 14.
    The RTE, which makes education the fundamental right of a child, was passed by Parliament on August 4, 2009. It sets forth the modalities of free and compulsory education for children aged 6-14. The Act came into effect on April 1, 2010.

    Wednesday, August 22, 2012

    Reservation to Women in the Legislature

    During the years several steps have been taken for empowerment of women and one such step was to provide reservation for women in Lok Sabha and Legislative Assemblies. The Government put a step forward and introduced a Bill, namely, the Constitution (One Hundred Eighth Amendment) Bill, 2008 in the Rajya Sabha on the 6th May, 2008 to provide inter alia for, as nearly as may be, one-third (including the number of seats reserved for the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election to the House of People and to the State Legislative Assemblies and the Legislative Assembly of National Capital Territory of Delhi shall be reserved for the women. Afterwards, the Chairman, Rajya Sabha on the 8th May, 2008 referred the Bill to the Departmental Related Parliamentary Standing Committee on Personnel, Public Grievances, and Law and Justice for examination and report. Giving this information in written reply to a question in the Lok Sabha, Shri Salman Khurshid, Minister of Law & Justice, said that the Committee presented its 36th Report on the Bill to the Rajya Sabha/ laid in the Lok Sabha on the 17th December, 2009. The Rajya Sabha passed the Bill on 9th March, 2010. The Bill is to be passed by the Lok Sabha and is also required to be ratified by the Legislatures of not less than one-half of the States by resolution.

    Thursday, July 19, 2012

    Derek o’ Brian became the First Anglo-Indian to Vote in Presidential Election

    Derek o’ Brian, the Rajya Sabha MP from West Bengal became the first Anglo Indian to vote in Presidential Elections in India. Brian, a Trinamool Congress MP, cast his vote in Kolkata.

    As per the constitution of India an MP who has been nominated by the President to either of the house of the Indian Parliament is not eligible for casting vote in Presidential election. In 545-member Lok Sabha, there are two seats reserved for the persons from Anglo-Indian community. The two Anglo-Indian members are nominated by the President of India.
    In Rajya Sabha, there are twelve members, who are nominated by the President and can not vote in Presidential election.
    Article 80 (3) of the Constitution of India provides that the members to be nominated by the President to Rajya Sabha should have special knowledge or practical experience in matters like literature, science, art and social service.
    Article 84 (b) stipulates that a person shall be of not less than 30 (Thirty) years of age.

    Who are Anglo-Indians:
    Anglo-Indians are people with mixed Indian and British ancestry, or people who have British descent born or living in the Indian Subcontinent or Burma, now mainly historical in the latter sense.

    Thursday, June 28, 2012

    INDIAN PARLIAMENTARY TERMS

                                                               

    Wednesday, June 13, 2012

    Facts at Glance- Presidential Elections 2012

     The term of office of the present President of India is upto 24th July, 2012. Thus a election is due to held for electing a new President before the 24th July, 2012.

     Under the provisions of sub-section (3) of section 4 of the President and Vice-President Elections Act, 1952, the notification under sub-section (1) of section 4 of the said Act calling the election can be issued by the Election Commission on or after the sixtieth day before the expiry of the term of office of outgoing President.

     That is, the notification containing the programme of election to the office of the President, can be issued by the Election Commission on any day after 25th May, 2012.

     The election to the Office of the President, to be held in the next, will be the fourteenth of its kind. The earlier elections to this office were held in 1952, 1957, 1962, 1967, 1969, 1974, 1977, 1982, 1987, 1992, 1997, 2002 and 2007. 

    CONSTITUTIONAL PROVISIONS:-

    The President of India is 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 [including National Capital Territory of Delhi and the Union Territory of Puducherry vide the Constitution (Seventieth Amendment) Act, 1992 (Article 54). The nominated members of either House of Parliament or the Legislative Assemblies of State are not eligible to be included in the Electoral College.

     Detailed provisions regarding the election are contained in the Presidential and Vice-Presidential Elections Act, 1952 (No.31 of 1952) and the rules made thereunder, viz., “The Presidential and Vice-Presidential Elections Rules, 1974”.

     The manner of voting in the Presidential Election is contained in Rule 17 of the Presidential and Vice-Presidential Elections Rules, 1974.

     The Constitution (Eighty-fourth Amendment) Act, 2001 provides that until the relevant population figures for the first census to be taken after the year 2026 have been published, the population of the States for the purposes of calculation of value of votes for the Presidential Election shall mean the population as ascertained at the 1971-census.

      Total Value of votes of all members of each State Assembly is worked out by multiplying the number of elective seats in the Assembly by the number of votes for each member, for example 294x148=43,512 for Andhra Pradesh. The total value of votes of all the States 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 per each Member of Parliament.

    SYSTEM OF PROPORTIONAL REPRESENTATION BY MEANS OF SINGLE TRANSFERABLE VOTE.

      The election shall be held in accordance with the system of Proportional Representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

      The ballot paper does not contain any election symbol. There will be two columns in the ballot paper. Column 1 of the ballot paper contains the heading “Name of Candidate” and column 2 contains the heading “Mark order of preference”.

    VALUE OF VOTES:-

      Each Elector shall have as many preferences as there are candidates, but no ballot paper shall be considered invalid solely on the ground that all such preferences are not marked.

      The value of vote of each elector is pre-determined. For example, the value of vote of each Member of Parliament is 708. The value of vote of each Member of the Legislative Assembly of Uttar Pradesh is 208 and that of Sikkim is 7. Thus the value of votes for the Members of each Legislative Assembly varies.

    QUOTA FOR ELECTION:-
    After calculating the total value of votes polled by each candidate, the Returning Officer totals up the value of all valid votes polled. The quota for declaring a candidate as elected is determined by dividing the total value of valid votes by 2 and adding one to the quotient, ignoring the remainder, if any. For example, assuming the total value of valid votes polled by all candidates is 1,00,001. The quota required for getting elected is: -
    1,00,001 + 1 = 50,000.50 + 1 (Ignore.50)
                      2
    Quota = 50,000+1 = 50,001
      After ascertaining the quota, the Returning Officer has to see whether any candidate secured the quota for being declared as elected on the basis of the total value of first preference votes polled by him/her.

      If no candidate gets the quota on the basis of first preference votes, then the Returning Officer proceeds further to second round of counting during which the candidate having lowest value of votes of first preference is excluded and his votes are distributed among the remaining candidates according to the second preference marked on these ballot papers. The other continuing candidates received the votes of excluded candidate at the same value at which he/she received them in the first round of counting.

      The Returning Officer will go on excluding the candidates with lowest number of votes in subsequent rounds of counting till either one of the continuing candidates gets the required quota or till only one candidate remains in the field as the continuing candidate and shall declare him/her as elected. 

    ELIGIBILITY FOR ELECTION
    No person shall be eligible for election as President unless he -
    (1)        is a citizen of India;
    (2)        has completed the age of 35 years; and
    (3)        is qualified for election as a member of the House of the People (Article 58).
      A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any Local or other Authority subject to the control of any of the State Governments.
    However, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.
    NOMINATION AND SECURITY DEPOSIT
    For a valid nomination, the following qualifications and requirements are to be satisfied:
     (i) The candidate should be a citizen of India;
    (ii) He should have completed the age of 35 years; and
    (iii) He should be qualified for election as a member of Lok Sabha.
    a) The candidate shall not hold any office of profit under the Government of India or the Govt. of any State or under any local or other authority subject to the control of any of the said Governments.
    b)  A nomination paper of a candidate for the election in the prescribed form (Form 2 appended to 1974 rules) has to be subscribed by at least fifty electors as proposers and at least fifty electors as seconders. The nomination paper must be presented in person to the Returning Officer, either by the candidate himself or by any of his proposers or seconders.
    c) The security deposit for the election is Rs.15,000/- which will be required to be made along with the nomination paper. This amount can either be deposited in cash with the Returning Officer at the time of presentation of the nomination paper or receipt showing that such amount has been deposited by the candidate or on his behalf in the Reserve Bank of India or in a Government Treasury can be furnished along with the nomination paper.
    d) Each nomination paper shall be accompanied by a certified copy of the entry relating to the candidate in the electoral roll for the Parliamentary constituency where he is registered as an elector.
    e) No elector shall subscribe, whether as proposer or as seconder, more than one nomination paper at the same election and if he does so, his signature shall be inoperative on any paper other than the one first delivered to the Returning Officer.
    f) The Returning Officer shall not accept any nomination paper, which is presented on any day, appointed for that purpose, before 11.00 a.m. and after 3.00 p.m.
    TOTAL ELECTORS
    The total number of members in the Electoral College for the Presidential election in 2012 is 4896, as detailed below

    HOUSE
    SEATS
    (a)
    Rajya Sabha
    233
    (b)
    Lok Sabha
    543
    (c)
    State Assemblies
    4120

    Total
    4896
                           
    RETURNING OF OFFICER/ASSISTANT RETURNING OFFICERS
      By convention, the Secretary General, Lok Sabha and the Secretary General, Rajya Sabha are appointed as the Returning Officers on rotation basis. For the 2007 Presidential Election, the Secretary General, Lok Sabha was appointed as Returning Officer. Therefore, for the 2012 Presidential Election, the Secretary General, Rajya Sabha has been appointed as the Returning Officer. Two other senior officers of Rajya Sabha Secretariat and the Secretaries and one more senior officer of Legislative Assemblies of all States including NCT of Delhi and Union Territory of Puducherry have also been appointed as the Assistant Returning Officers.
    PLACES OF POLL
    A Room in the Parliament House in New Delhi and a room in all State Legislative Assembly Secretariats are generally designated as places of poll. The Members of Parliament normally vote in New Delhi and the members of the State Legislative Assemblies, including the members of the Legislative Assemblies of NCT of Delhi and Union Territory of Puducherry, normally vote at the place fixed in each State Capital. However, facilities are provided by the Commission for any Member of Parliament to vote in the capital of his State and similarly if any Member of any State Legislative Assembly unavoidably stays in Delhi on the date of poll, he is given the facility to vote at the polling booth set up in the Parliament House. However, due intimation of such intention to vote at a place other than the place where a member is designated to vote must be received in the Commission well in advance to make necessary arrangements.
    RETURN OF FORFEITURE OF CANDIDATE’s DEPOSIT
      The deposit shall be forfeited if the candidate is not elected and the number of valid votes polled by him does not exceed one-sixth of the number of votes necessary to secure return of a candidate at such election. In other cases, the deposit will be returned to the candidate.
    DISPUTE OVER ELECTION
    (i)         An election petition calling in question an election to the office of the President may be presented by any candidate at such election or by any twenty or more electors joined together as petitioners.
    (ii)        The authority having jurisdiction to try an election petition is the Supreme Court of India.
    (iii)       An election petition shall be presented within 30 days from the date of publication of the   
              declaration containing the name of the returned candidate.

    Statement of Value of Votes of Elected Members of the State Legislative Assemblies and Both Houses of Parliament as Per Provisions of Article 55(2) of the Constitution of India

    S.No.
    Name of the State
    No. of seats in the Assembly (elective)
    Population
    (1971 Census)
    Value of vote of each M.L.A.
    Total value of votes for the state
    1.
    ANDHRA PRADESH
    294
    43502708   
    148
     148×294=43512 
    2.
    ARUNACHAL PRADESH
    60
    467511       
    8
    008×060=480
    3.
    ASSAM      
    126
    14625152      
    116
     116×126=14616 
    4.
    BIHAR       
    243
    42126236         
    173
    173×243=42039 
    5.
    CHHATTISGARH 
    90
    11637494
    129
    129×090=11610 
    6.
    GOA    
    40
    795120     
    20
     020×040=800 
    7.
    GUJARAT
    182
    26697475
    147
    147×182=26754 
    8.
    HARYANA         
    90
    10036808
    112
    112×090=10080 
    9.
    HIMACHAL PRADESH    
    68
    3460434
    51
    051×068=3468 
    10.
    JAMMU & KASHMIR*     
    87
    6300000
    72
     072×087=6264
    11.
    JHARKHAND       
    81
    14227133
    176
     176×081=14256 
    12.
    KARNATAKA
    224
    29299014
    131
     131×224=29344 
    13.
    KERALA
    140
    21347375
    152
     152×140=21280 
    14.
    MADHYA PRADESH
    230
    30016625
    131
    131×230=30130  
    15.
    MAHARASHTRA
    288
    50412235
    175
     175×288=50400 
    16.
    MANIPUR      
    60
    1072753
    18
    018×060=1080 
    17.
    MEGHALAYA      
    60
    1011699
    17
     017×060=1020 
    18.
    MIZORAM   
    40
    332390
    8
    008×040=320 
    19.
    NAGALAND   
    60
    516449
    9
    009×060=540 
    20.
    ORISSA
    147
    21944615
    149
    149×147=21903 
    21.
    PUNJAB
    117
    13551060
    116
    116×117=13572 
    22.
    RAJASTHAN
    200
    25765806
    129
    129×200=25800 
    23.
    SIKKIM   
    32
    209843
    7
     007×032=224 
    24.
    TAMIL NADU
    234
    41199168
    176
     176×234=41184
    25.
    TRIPURA      
    60
    1556342
    26
    026×060=1560 
    26.
    UTTARAKHAND 
    70
    4491239
    64
    064×070=4480 
    27
    UTTAR PRADESH
    403
    83849905
    208
    208×403=83824 
    28
    WEST BENGAL
    294
    44312011
    151
    151×294=44394 
    29
    NCT OF DELHI      
    70
    4065698
    58
    058×070=4060 
    30
    PUDUCHERRY    
    30
    471707
    16
    016×030=480 
    TOTAL
    4120
    549302005

    =  549474

    * Constitution (Application to the Jammu & Kashmir) Order
    (A)        VALUE OF EACH VOTE OF MEMBERS OF PARLIAMENT
    TOTAL MEMBERS
    LOK SABHA (543) + RAJYA SABHA (233) = 776
    VALUE OF EACH VOTE =   549474  = 708
                                                        776
    (B)        TOTAL VALUE OF VOTES OF
                  776 MEMBERS OF PARLIAMENT = 708 X 776 = 549408
    (C)        TOTAL ELECTORS FOR THE
                 PRESIDENTIAL ELECTION = MLAs (4120) + MPs (776) = 4896
    (D)        TOTAL VALUE OF 4896 ELECTORS FOR
                 THE PRESIDENTIAL ELECTION 2012 = 549474 + 549408 = 1098882