Article 55 of the Indian Constitution

Article 55 of the Constitution of India provides the method and principles governing the election of the President of India. While Article 54 of the I

Article 55 of the Indian Constitution — Manner of Election of the President 

Article 55 of the Constitution of India provides the method and principles governing the election of the President of India. While Article 54 of the Indian Constitution identifies the Electoral College (i.e., who elects the President), Article 55 ensures that the election process is fair, balanced, and representative of India’s federal structure.

This provision is one of the most technically significant parts of the Constitution because it introduces a carefully calibrated voting system designed to maintain equilibrium between the Union and the States, as well as among the States themselves.

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1. Purpose and Constitutional Philosophy Behind Article 55

India is a federal polity with a parliamentary system of government. The President is the constitutional head of the State, and although the office is largely ceremonial in day-to-day governance, it carries immense symbolic and constitutional importance.

The framers of the Constitution, particularly the Constituent Assembly of India, faced a complex challenge:

• How to ensure that the President represents the entire nation?
• How to balance the influence of populous states with smaller states?
• How to maintain parity between the Union (Parliament) and the States?

Article 55 is the answer to these questions. It establishes a system where votes are not counted equally, but are weighted to reflect population and federal balance.

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2. Structure of Article 55

Article 55 consists of three main clauses:

Clause (1): Principle of Uniformity and Parity

This clause lays down two fundamental principles:

1. Uniformity in the scale of representation of different States
2. Parity between the States and the Union

In essence, it ensures that:

• Each State is represented proportionately according to its population
• The total voting power of all States combined is balanced with that of Parliament

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Clause (2): Calculation of Vote Value

Clause (2) provides the mathematical framework for determining the value of votes of MLAs and MPs.

(a) Value of Vote of an MLA

$\text{Value of vote of an MLA} = \frac{\text{Population of the State}}{\text{Total number of elected MLAs} \times 1000}$

Key points:

• Population is based on the 1971 Census (as frozen by constitutional amendments to maintain uniformity)
• The value is rounded off to the nearest whole number
• This ensures that states with higher populations have greater voting weight, but that weight is distributed among their MLAs

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(b) Value of Vote of an MP

$\text{Value of vote of an MP} = \frac{\text{Total value of votes of all MLAs}}{\text{Total number of elected MPs}}$

Key implications:

• The total value of votes of all MLAs across India is calculated first
• This total is then divided equally among all elected MPs
• This ensures parity between Parliament and State Legislatures

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Clause (3): Voting Method

Clause (3) prescribes the method of election:

• Proportional Representation
• Single Transferable Vote (STV)
• Voting by Secret Ballot

This clause ensures that the President is elected through a system that reflects broad consensus rather than a simple majority.

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3. Detailed Explanation of the Voting System

Proportional Representation

Unlike a simple majority system, proportional representation ensures that the elected candidate has widespread support across different groups of electors.

Single Transferable Vote (STV)

Under STV:

• Each voter ranks candidates in order of preference (1, 2, 3, etc.)
• Initially, only first-preference votes are counted
• If no candidate achieves the required quota:
  • The candidate with the lowest votes is eliminated
  • Their votes are transferred based on second preferences
• This continues until one candidate secures the required quota

Secret Ballot

• Voting is conducted secretly to ensure independence
• Political parties cannot enforce a binding whip
• Electors can vote according to their judgment

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4. Concept of “Quota” in Presidential Elections

To be elected President, a candidate must secure a specific number of votes known as the quota.

The quota is calculated as:

$$\text{Quota} = \frac{\text{Total valid votes polled}}{2} + 1$$

This ensures that the winning candidate has more than 50% of the total vote value.

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5. Practical Illustration

Consider a simplified scenario:

• Total value of votes of all MLAs = 5,50,000
• Total number of elected MPs = 776

Value of each MP’s vote:

$$\frac{5,50,000}{776} \approx 708$$

Each MP’s vote is thus assigned a value of 708.

Now, during the election:

• MLAs vote with their assigned values
• MPs vote with their assigned values
• All votes are aggregated and counted using STV

This ensures that both population-based representation (MLAs) and national representation (MPs) are reflected.

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6. Importance of Using 1971 Census Data

The Constitution (through amendments like the 42nd and 84th Amendments) froze the population data at the 1971 Census for calculating vote values.

Reasons:

• To prevent states with higher population growth from gaining disproportionate advantage
• To encourage population control measures
• To maintain long-term stability in representation

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7. Federal Significance of Article 55

Article 55 is a strong reflection of India’s federal character.

It achieves:

• Balance between large and small states
  Large states get more total vote value, but it is distributed among many MLAs
• Balance between Union and States
  MPs collectively match the voting strength of MLAs
• National integration
  The President is elected by representatives from across the country

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8. Relationship with Other Constitutional Provisions

Article 55 operates in conjunction with several other provisions:

• Article 52 of the Indian Constitution — Establishes the office of the President
• Article 54 of the Indian Constitution — Defines the Electoral College
• Article 56 of the Indian Constitution — Provides tenure of five years

Together, these provisions form a complete framework for the office and election of the President.

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9. Key Features Summarized

• Indirect election through an Electoral College
• Weighted voting system based on population
• Equalization between States and Union
• Use of proportional representation
• Single transferable vote system
• Secret ballot ensuring independent voting

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10. Critical Evaluation

Strengths

1. Ensures fairness in a diverse country
2. Prevents domination by populous states
3. Maintains federal balance
4. Encourages consensus-based leadership

Limitations

1. Complexity in calculation and counting
2. Indirect nature may seem less democratic to some
3. Dependence on outdated census data (1971)

Despite these limitations, the system has functioned effectively and has ensured stability in Presidential elections.

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11. Relevance for Competitive Examinations

Article 55 is frequently tested in:

• UPSC Civil Services Examination
• State Judicial Services
• SSC and other government exams

Common areas of questioning include:

• Method of election
• Formula for vote value
• Role of STV
• Concept of parity

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12. Conclusion

Article 55 is the technical and structural foundation of the Presidential election process in India. It transforms the broad idea of indirect election into a precise, balanced, and equitable system.

By combining mathematical formulas with constitutional principles, Article 55 ensures that the President of India is not merely elected, but is chosen through a process that reflects:

• The will of the people (through their representatives)
• The diversity of the States
• The unity of the nation

In a country as vast and varied as India, such a system is not just desirable—it is essential for preserving the spirit of federal democracy.