In the parliamentary system of government that we have adopted, the President is the head of the state. All executive action at the union level is expressed to be taken in his/her name. The president operates based on the advice from ministers, which means that the Prime Minister and the Council of Ministers represent the true and effective executive power.

Dr. B. R. Ambedkar stated that “Under the constitution, the president holds a position similar to that of the king in the English constitution. He serves as the head of the state but not of the government. He embodies the nation but does not govern it. He stands as a symbol of the nation. His role in administration is comparable to that of a ceremonial device on a seal through which the nation’s decisions are communicated.”

Eligibility Requirements for the Office of the Indian President

To be eligible for the office of the President, a candidate

• must be an Indian citizen.
• must have completed 35 years of age. 
• must be qualified to be elected as a member of the Lok Sabha. 
• must not hold any office of profit under the Central Government, any State Government, or any local authority.

The office of the sitting President, Vice-President, Governor or a minister of the Union or any State government is not considered as the office of profit for this purpose.

Conditions for Holding the Office of the President of India

• The individual must not be a member of either House of Parliament or any State Legislature. 
• If a member of either House of Parliament or a State Legislature is elected as President, he or she will be deemed to have vacated their seat in that House as of the date they assume the office of President
• The president shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law.
• The emoluments and allowances of the President shall not be diminished during his/her term of office.

Nomination Process for the Presidential Election in India

A person may be nominated as a candidate for the presidential election if they meet the qualifications as set out in the Constitution.

• The nomination paper for the candidate must be completed using the specified form, which is attached to the Presidential and Vice-Presidential Elections Rules of 1974.
• The nomination has to be subscribed by at least fifty electors as proposers and at least fifty electors as seconders.
• The nomination paper has to be then presented to the Returning Officer. The returning officer is appointed by the Election Commission.

Electoral College and the Indirect Election of the Indian President

The constitution prescribes an indirect form election for the office of President i.e. the President is not directly elected by the people. The electoral college which elects the president comprise of the following members:

1. Elected representatives from both Houses of Parliament, 
2. Elected members of the State Legislative Assemblies, along with
3. Elected Members of the Legislative Assemblies of union territories of Delhi, Puducherry and Jammu & Kashmir.

In the 2022 Presidential elections, the electoral college had 776 members of parliament and 4,033 members of legislative assemblies.

Manner of election

• Method: System of proportional representation by means of a single transferable vote.
• Authority to conduct elections: The Election Commission of India is responsible for conducting the presidential elections.
• Voting: 
  • Voting is done using a secret ballot i.e. members casting their votes do not require to show their ballot to their respective party persons. 
  • Each elector can indicate preferences equal to the number of candidates competing in the election. 
  • These preferences for the candidates are to be marked by the elector, by placing figures 1,2,3,4,5 and so on, against the names of the candidates, in the order of preference.
• Value of votes: 
  • Not every elector in the presidential election have the same value of vote i.e. MLA from Uttar Pradesh has a greater value of vote (208) than his/her counterpart in Sikkim (7). And a member of parliament has a greater value of vote than a MLA from Uttar Pradesh.

• The Counting of Votes
• • Quota of votes: To be elected as the President, a candidate must secure a fixed quota of votes. This is referred to as the electoral quota. 
    • Quota of votes = [(Total number of valid votes polled ÷ 2) + 1]
  • First round: Vote counting occurs in successive rounds. In Round 1, only the first-choice preferences from each ballot are counted. In case a candidate secures the required quota in this phase, he/she is declared elected.  
  • Subsequent rounds: If no candidate secures the quota in the first round, then another round of counting takes place. In this round, the votes cast to the candidate who secures the least number of votes in Round 1 are transferred to other candidates. This process continues until a candidate achieves the necessary quota.
• Election Disputes: The Supreme Court investigates and resolves any uncertainties or disputes regarding the presidential election.