What is worse is this practice is set to continue till 2026, thanks to the 84th Amidst all the political manoeuvring over the elections to elect the 14th President of India, what has been forgotten by one and all is the fact that this election will be held on the basis of the 1971 Census, which is already 41 years old and has been followed by four Censuses subsequently!Constitutional Amendment in 2001 to the Presidential and Vice-Presidential Elections Act, 1952.
As per the provisions of the 1952 Act, the elections to the office of the President of India is held as per the system of proportional representation – that is our elected MPs and our elected MLAs will represent us in the electoral college which will be based on the 1971 Census and not the 2011 Census.
Which means that just 54 crore population out of the current 1.21 million population will be proportionally represented by our duly elected MPs and MLAs. The issue is of grave concern, because the value of votes determined for each of the 30 States is determined on the mathematical formula which itself is based on the Census and total number of MLAs. The formula is thus – total population of the state (divided by) total number of MLAs which is again (divided by) 1,000. The current value of votes of MPs and MLAs does not truly reflect the real meaning of proportional system of representation.
It is only in elections after very many years, as per the 84th Constitutional Amendment, that the first census figures after 2026 will be taken into consideration. One may also recall that after the 2001 Census the Delimitation of the Legislative Assembly constituencies has taken place based on that census. The next delimitation of the assembly constituencies is to take place after the 2031 Census.
Today based on the 1971 Census data the key state’s that play crucial role in determining the outcome of the Presidential elections include – Andhra Pradesh, Bihar, Karnataka, Madhya Pradesh, Maharashtra, Rajasthan, Tamil Nadu, Uttar Pradesh and West Bengal. Had the population figures of 2001 Census or for that matter the 2011 Census were to be considered the whole mathematics of the Presidential elections would have changed significantly. That would have meant that even state’s like – Assam, Gujarat, Kerala, Orissa and Punjab with their increased value of the vote would have also played a crucial role in the Presidential poll results.
Under the proportional representation system the voting takes place by means of single transferable vote and the voting at such elections shall be held by secret ballot. Moreover, the Presidential elections does not attract the provisions of the Anti-Defection law, in other words political parties cannot issue Whips (party directives) to its members to vote for a particular candidate.
The Pay-off:
Upon election to the office, the salary of the President of India is Rs 50,000 per month and his emoluments cannot be reduced during his term of office. The term of office for the President of India is for five years.
The Powers:
Here is a cursory look at the powers of the President of India enshrined in the Constitution.
Although all the powers of the President of India are enshrined in Articles 53 (1), 74 (1), 74 (2) and 75 (3) of the Constitution, it is the provision of Article 74 (1) that the President of India is to exercise his powers and functions in aid and advice rendered to him by the council of minister’s headed by the Prime Minister.
Besides being the supreme commander of the armed forces, the President of India has the powers to appoint the Chief Justice of the Supreme Court and other judges, has powers to summon both the houses of the Parliament, has powers to give his assent to bills passed by the parliament, barring the money bill he can refer back other bills for consideration of the government, but has to sign it once it is referred to him again by the government.
The President of India has the powers to declare a state of National Emergency in case of war, external aggression or armed rebellion in the country or any part of the country (Article 352).
He can also impose Financial Emergency, if he is satisfied that the economic situation threatens the financial stability and credit of India (Article 360).
The President of India can also declare State Emergency due to failure of constitutional machinery in a state (Article 356). This provision has been invoked many times notably in Punjab, Jammu and Kashmir, Bihar.
Soon after the Presidential elections are over, within a months time it will be time for the elections for electing the 12th Vice President of India. Interestingly enough so far out of the 11 vice president’s, six of them have gone on to become the President of India.
India’s population as per Census:
- 1971...... 54,93,02,005
- 2001.. 1,02,70,15,247
- 2011.. 1,21,01,93,422
The NumberS Game:
UPA & Allies:
Congress – 3,30,485
Trinamool – 48,049
DMK – 21780
NCP – 23,850
RJD – 8,934
NC – 5,556
IUML – 4,456
JVM – 3,352
AIMIM – 1,744
BPF – 2,808
Ker Cong – 2,076
RLD – 6,220
LJP – 881
Total – 4,60,191
NDA & Allies:
BJP – 2,23,885
JD(U) – 42,153
Akali Dal – 11,564
Shivsena – 18,495
JMM – 4,584
AGP – 3,284
Janhit
Congress – 820
Total – 3,04, 785
Fence Sitters – The Rest:
Samajwadi
Party – 68,812
BSP – 43,349
AIADMK – 36,920
Left – 51,682
BJD – 30,215
TDP – 20,516
JD(S) – 6,138
PDP – 1,584
TRS – 3,192
Total – 2,62,408