Article 54 of the Costitution of India with Case law
Article 54 of the Constitution of India – Election of President
Text of Article 54:
“The President shall be elected by the members of an electoral college consisting of—
(a) the elected members of both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the States.Explanation: In this article and in Article 55, "State" includes the National Capital Territory of Delhi and the Union territory of Puducherry.”
Key Points:
Electoral College Composition:
Only elected members of:
Lok Sabha and Rajya Sabha.
State Legislative Assemblies (not Legislative Councils).
Assemblies of Delhi and Puducherry also included.
Nominated members are excluded from voting in Presidential elections.
Ensures federal character of Indian democracy by giving States a role in electing the President.
Related Provisions:
Article 55: Describes the manner of election of the President (proportional representation by single transferable vote).
Article 52: The office of the President of India.
Article 71: Deals with matters relating to disputes in presidential elections.
Important Case Law Related to Article 54:
1. Kuldeep Nayyar v. Union of India (2006) 7 SCC 1
Context: Challenged the constitutionality of open ballot system in Rajya Sabha elections.
Relevance: Though directly about Rajya Sabha, the case clarified that electoral college involving elected members ensures representative character.
Takeaway: Reinforced that only elected members have the mandate to elect President, ensuring accountability.
2. Indira Nehru Gandhi v. Raj Narain (1975) Supp SCC 1
Context: Related to the election of the Prime Minister, but discussed the structure of democratic elections under the Constitution.
Relevance: Discussed the sanctity of the democratic process, reinforcing why only elected representatives (as in Article 54) can elect the Head of State.
3. Union of India v. Association for Democratic Reforms (2002) 5 SCC 294
Context: Concerned voters' right to know about candidates.
Relevance: Although not directly about Article 54, it emphasized the importance of free and fair elections, which applies to Presidential elections too.
Summary:
Article 54 sets out the federal and democratic framework for electing the President of India by an electoral college of elected members from both Parliament and State Assemblies. It ensures a balance between the Centre and the States in the selection of the ceremonial Head of State. The judiciary has upheld this structure as essential to India’s representative democracy.
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