The term of office
of Smt. Pratibha Devisingh Patil, President of India, ends on 24th
July, 2012. An election to fill the vacancy caused by the expiration of the
term of office of the outgoing President shall need to be completed before the
expiration of her term. The law provides that the notification for election
shall be issued on, or as soon as conveniently may be after, the sixtieth day
before the expiry of term of office of the out going President.
Article 324 of the Constitution read
with the Presidential and Vice –Presidential Elections Act, 1952, and the
Presidential and Vice-Presidential Elections Rules, 1974 vests the
superintendence, direction and control of the conduct of election to the office
of the President of India in the Election Commission of India. The Election
Commission is mandated to ensure that the election to the office of the
President of India, which is the highest elective office in the nation, must be
a free and fair election and the Commission is taking all necessary steps for
discharging its constitutional responsibility.
The President is elected by the members
of the Electoral College consisting of:
(I) elected members
of both Houses of Parliament, and
(II) elected
members of the Legislative Assemblies of all States including National Capital
Territory of Delhi and the Union Territory of Puducherry.
(The nominated members of either
Rajya Sabha and Lok Sabha or Legislative Assemblies of the States are not
eligible to be included in the Electoral College and therefore, they are not
entitled to participate in the election).
The Seven-Judges Bench of the Supreme
Court of India unanimously held in 1974 in the case of Presidential election
that “the Electoral College as mentioned in Article 54 is independent of the
Legislatures mentioned in Article 54. None of the Legislatures mentioned in Article
54 has for the purpose of that Article any separate identity vis-a-vis in the
Electoral College. The Electoral College compendiously indicates a number of
persons, holding the qualifications specified in the Article to constitute the
electorate for the election of the President and to act as independent
electors…”
Article 55 (3) of the Constitution
provides that the election shall be held in accordance with the System of
Proportional Representation by means of single transferable vote and the voting
at such election shall be by secret ballot.
A nomination paper of a candidate has to be subscribed by at least fifty
electors as Proposers and at least fifty electors as Seconders. An elector can
subscribe to only one nomination paper of a candidate as either a Proposer or a
Seconder. The security deposit for the election is Rs. 15,000/- (Rupees fifteen
thousand only), which is required to be made along with the nomination paper.
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