The President is indirectly elected by means of an electoral college consisting of the elected members of the Parliament of India and the Legislative assemblies of the States of India and the Union territories of Delhi, and Puducherry (and not (J&K)Jammu&Kashmir, as 70th Constitutional Amendment Act specifically mentions only Delhi and Puducherry). The number and value of votes are based on the population in 1971 rather than the current population, as a result of the 42nd Amendment, and extended by the 84th Amendment, with the intention to encourage family planning programs in the states by ensuring that states are not penalised for lowering their population growth. Its imperative to note that the Union Territory of Jammu & Kashmir is unlikely to be the part of Electoral college. An RTI application filed by Shubham Khatri a political science student of Ashoka University highlighted this anomaly, Khatri said: “the Legislature of UT of J&K won’t be a part of the Electoral College for election of President, because Article 54 of the Constitution has not been amended, which could be amended via due procedure mentioned in Article 368 of the constitution and for that a two-third majority in parliament along with ratification of more than 50% States is required).”
The presidential electoral college is made up of the following:
- elected members of the Rajya Sabha (upper house of the Parliament of India);
- elected members of the Lok Sabha (lower house of the Parliament of India);
- elected members of each state's State Legislative Assembly (lower house of the state legislature); and
- elected members of each union territory possessing a Legislative assembly (i.e., Delhi, and Puducherry)
Weighing of votes
The value of votes cast by elected members of the state legislative assemblies and both houses of parliament are determined by the provisions of article 55(2) of the Constitution of India. The details of number of voters and votes for the presidential election are given below. Per the 84th Amendment, the 1971 census is used, and will continue to be used until 2026.
The formula for determining the number of votes held by an MLA is:
That is, the average constituency size, determined by the 1971 census, in his/her state or union territory, divided by 1,000.
The number of votes for MLAs are as follows:
|S. No.||Name of the State/Union Territory||Number of State Legislative Assembly seats (elective)||Population (1971 Census)||Value of the vote of each MLA||Total value of votes for the State/Union Territory|
|11||Jammu and Kashmir||87||6,300,000||72||6,264|
The value of an MP's vote is calculated by dividing the total value of all MLAs' votes by the number of MPs. The formula for determining the number of votes held by an MP is:
That is, the total Members of Parliament (Elected) = Lok Sabha (543) + Rajya Sabha (233) = 776
- Value of each vote = 549,495 / 776 = 708.11, rounded to 708
- Total value of votes of Parliament = 776 × 708 = 549,408
The number of votes for MPs are as follows:
|Name of the House||Number of Parliamentary seats (elective)||Value of the vote of each MP||Total value of votes for the House|
Total number of votes for Presidential electors are as follows:
|Elector||Total number of electors||Total value of votes|
|Members of Legislative Assemblies (elected)||4,120||549,495|
|Members of Parliament (elected)||776||549,408|
- 84th Amendment
- Bhatnagar, Gaurav Vivek (30 April 2020). "RTI Questions Whether J&K Reorganisation Denied Right to Participate in Presidential Polls". The Wire. Retrieved 21 August 2020.
- "Section 55 of the Constitution of India". Archived from the original on 16 March 2013. Retrieved 5 May 2012.
- Election to the Office of President, 2012
- Constitution (Application to Jammu and Kashmir) Order