Need of Fundamental duties:

India is a country of diversity, where people belonging to different castes, creed, religion, beliefs, sects etc. live together. There is diversity in language also. In order to maintain harmony and peace and to encourage the feeling of brotherhood and oneness among the citizen the Fundamental Duties are specified. They on their part play a vital role in upholding and protecting the sovereignty, unity and integrity of our country. It reminds the citizens that rights and duties go hand in hand.

Sources of Fundamental Duties:

No Constitution of Western Countries specifically provide for the duties and obligations of citizens. India borrowed the concept of Fundamental Duties from the USSR. Constitutions of socialist countries lay great emphasis on the duties of
citizens.  We also find certain duties of the citizens in the Japanese Constitution.

Swaran Singh Committee:

Sardar Swaran Singh committee was constituted by Indira Gandhi soon after emergency was imposed in the country. The objective of this committee was to study the question of amending the constitution in the light of past experiences and recommend the amendments. The 42nd amendment act which is also called “Mini Constitution” which amended many articles and even the Preamble was a result of the recommendations of Sardar Swaran Singh committee. 

Objective of Fundamental Duties:

Besides fundamental rights, the citizen also is required to observe certain basic norms of democratic conduct and democratic behaviour. While Constitution confers certain fundamental rights on the citizens it also gives power to State to impose reasonable restrictions on these rights. The rights guaranteed by the Constitution are available to the citizens only when they fulfil their duties. This is implicit in the provisions of our Constitution

Fundamental Duties:

1. According to the constitution, following are the duties to be followed by every citizen of India
2. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
3. To cherish and follow the noble ideals which inspired our national struggle for freedom.
4. To uphold and protect the sovereignty, unity, and integrity of India.
5. To defend the country and render national service when called upon to do so.
6. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
7. To value and preserve the rich heritage of our composite culture.
8. To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living creatures.
9. To develop the scientific temper, humanism and the spirit of inquiry and reform.
10. To safeguard public property and to abjure violence.
11. To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavor and achievement.
12. Who is a parent or guardian, to provide opportunities for education to his child, or as the case may be, ward between the age of six to fourteen years.
13. According to the 86th constitutional amendment in 2002, it is the duty of the people of India to adapt to make India a safer place to live, to be clean and make the surrounding clean and not to hurt anybody physically and mentally.

Important Facts About Fundamental Duties:

• Fundamental duties are applicable only to citizens and not to the aliens.
• The inclusion of Fundamental Duties brought our Constitution in line with article 29 (1) of the Universal Declaration of Human Rights and with provisions in several modern Constitutions of other countries.
• Out of the ten clauses in article 51A, six are positive duties and the other five are negative duties. Clauses (b), (d), (f), (h), (j) and (k) require the citizens to perform these Fundamental Duties actively.
• It is suggested that a few more Fundamental Duties, namely, duty to vote in an election, duty to pay taxes and duty to resist injustice may be added in due course to article 51A in Part IVA of the Constitution.

Enforcement of Fundamental Duties by Special Legal Provisions:

It is no longer correct to say that Fundamental Duties enshrined in article 51A are not enforceable to ensure their implementation and are a mere reminder.  Fundamental Duties have the element of compulsion regarding compliance.

In order to ensure that no disrespect is shown to the National Flag, Constitution of India and the National anthem, the Prevention of Insults to National Honour Act, 1971 was enacted. The Emblems and Names (Prevention of Improper Use) Act 1950 was enacted soon after independence, inter alia, to prevent improper use of the National Flag and the National Anthem.

Writings, speeches, gestures, activities, exercise, drills, etc. aimed at creating a feeling of insecurity or ill-will among the members of other communities, etc. have been prohibited under Section 153A of the Indian Penal Code (IPC).

Imputations and assertions prejudicial to the national integration constitute a punishable offence under Section 153 B of the IPC.

A Communal organization can be declared unlawful association under the provisions of Unlawful Activities (Prevention) Act 1967.

Offences related to religion are covered in Sections 295-298 of the IPC (Chapter XV).

Provisions of the Protection of Civil Rights Act, 1955 (earlier the Untouchability (Offences) Act 1955).

The Relationship Between the Fundamental Rights, Directive Principles and Fundamental Duties

Directive Principles have been used to uphold the Constitutional validity of legislation in case of conflict with Fundamental Rights. According to the amendment of 1971, any law that even though it deviates from the Fundamental Rights, but has been made to give effect to the Directive Principles in Article 39(b)(c) would not be deemed invalid.

The Fundamental Duties will be held obligatory for all citizens subject to the State enforcing the same by means of a valid law.

As the directive principles are addressed to the state, the fundamental duties are addressed to the Citizens.

The citizens enjoying the fundamental rights must respect the ideals of the constitution, to promote harmony and spirit of the brotherhood.

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Election of the Speaker:

After a new Lok Sabha is constituted, the Speaker and Deputy Speaker are elected by the House in its first meeting. Normally they are elected unanimously. The leader of the majority party proposes their names, after consulting the leaders of the opposition parties. The leader of the opposition party seconds the names so proposed. The election takes place only when there is disagreement between the majority party and the opposition parties.

Position of the Speaker:

The Speaker of the Lok Sabha enjoys a position of great respect and dignity. He/she has the supreme responsibility to conduct the proceedings of the House. He/she acts as the representative of the House, and as its impartial chairman. His/her authority is supreme in the House and no one can challenge his decisions and rulings. The office of the Speaker is of great dignity and respect.

Qualifications:

There are no formal qualifications for the office of the Speaker. Any sitting member of the Lok Sabha can be elected as Speaker by the House. All qualifications essential for the membership of the Lok Sabha are also the essential qualifications for the office of the Speaker.

Tenure:

Generally, the tenure of the Speaker is equal to the tenure of Lok Sabha, i.e., 5 years. However, the Speaker continues to be in office even after the dissolution of the Lok Sabha. He/she holds office till the new Lok Sabha elects a new Speaker. The Speaker can resign his office at any time before the completion of his full tenure.

Method of Removal:

The speaker automatically ceases to be so if he is disqualified to be a member of Lok Sabha due to reasons whatsoever. He/she can vacate his/her office by addressing a resignation letter to Deputy Speaker. He/she can also be removed by the members of Lok Sabha by a resolution passed by an absolute majority of Lok Sabha. However, a 14 days advanced notice must be given for such resolution. The motion of removal can be considered and discussed only when it has the support of at least 50 members.

These provisions make removal of speaker difficult and provide him the security of tenure. When such resolution is under consideration of the house, Speaker cannot preside the meeting of the house, however, he is eligible to participate and vote except the casting vote in case of an equality of votes.

Functions and Powers of the Speaker:

Lok Sabha speaker is the representative and principal spokesman of Lok Sabha and his decisions in matters of Lok Sabha are final. His powers and functions are derived from Constitution, Rules of the procedure (Lok Sabha) and Parliamentary conventions.

To preside over the meetings of the House:

The Speaker presides over the meetings of the Lok Sabha and conducts its proceedings. He/she decides who will speak and all speeches of the members of the House are addressed to the Chair.

To Preside over the Joint Session of Lok Sabha and Rajya Sabha.

He/she also presides over the joint sittings of the two Houses of the Parliament. Joint session can be called by the President of India. The Speaker of Lok Sabha is to be consulted along with the Chairman of the Rajya Sabha by the President while making a provision for the joint meeting of the two Houses. 

To maintain discipline in the Lok Sabha:

The primary duty of the speaker is to maintain order and decorum in Lok Sabha.  The Speaker maintains discipline in the House. He/she can cheek the indiscipline and disorder and stop members from using irrelevant and unparliamentary language. He/she can expunge remarks made by any member from the Proceeding of the House, if such remarks are derogatory or unparliamentary. If any member disrupts or tries to disrupt the proceedings of the House, the Speaker can warn him or can ask him to leave the House. He can suspend a member from the House whom he finds guilty of violating the discipline and decorum.

To fix the Agenda of the House:

The Speaker, in consultation with other members of the business committee of the House and the Prime Minister, Fixes the agenda of the meetings of the House. The Speaker determines the order of the business, the time to be allowed to the debates on the President Address and the days to be devoted to the private Member’s Bills. He/she is the sole authority for giving priority to anything that may be placed before the House for the national interest. He/she is not expected to give reasons for his decisions and his decisions are not subject to challenge by any member.

Permission to ask questions:

Each member of the House can put questions to the ministers; the permission of the Speaker is required purpose. He/she is “the final judge on the admissibility of the questions, resolutions and motions.

To conduct the business of the House:

The Speaker conducts the business of the House. He allows the members to introduce the bills or to move motions. He recognizes the members on the floor of the House and gives them time for speaking in the House. He fixes a time limit for the debates in the House, puts matters to vote, and announces the results. He can warn the members against the use of unparliamentary language and can order the same to be expunged from the records.

Interpretation of Rules of Procedure:

The business of the House is conducted according to definite and settled rules of procedure. In case of any dispute regarding the rules of the House, the Speaker interprets and applies these rules. His/her interpretations of constitutional provisions, rules and regulations related to Lok Sabha are final and cannot be challenged.

Power to adjourn the House:

The quorum to constitute a meeting of the Lok Sabha is one-tenth of the membership of the house. If there is no quorum, speaker decides to suspend the meeting.  The Speaker can adjourn the meetings of the House if the quorum of the House is not complete or if the conducting the business of the House is not possible due to a disorderly behaviour of its members.

Decision about a Money Bill:

Whether a bill is money bill or not, is decided by Speaker and his/her decision in this matter is final. Such a decision is final and cannot be challenged inside or outside the House. When a money bill is passed in Lok Sabha and sent to Rajya Sabha, Speaker’s endorsement is needed on that.

To exercise a Casting Vote:

The Speaker does not participate in the debates and discussions of the House. He even does not take part in the voting on bills. Although as a member he has the right to vote. In case of a tie due to equal votes, speaker exercises the casting vote. Objective of casting vote is to resolve a deadlock.

Permission of Secret Meeting:

On the request of the Leader of the House, Speaker may allow a secret meeting. None other than those permitted by speaker can be present in secret meeting.

Protection of the Privileges of the Members of the House:

The members of the House enjoy several privileges which are protected by the Speaker. All cases of disputes relating to the privileges of the members are referred by the Speaker to the committee on privileges. In accordance with the wishes of this committee, the Speaker then decides these matters. The Speaker acts as the guardian of the privileges of the MPS and the House.

Role regarding the Committees of the House:

A major part of the business of the House is conducted by the committees of the House.  The Speaker plays an important role in the composition of the Committees. He is the supreme head of all Parliamentary Committees and he may issue directions to the Chairman of those Committees relating to their efficient working. Chairmen of all the parliamentary committees of Lok Sabha are appointed by Speaker, provided such committees don’t need elected chairmen. He is the ex-officio Chairman of some of the important committees such as Business Advisory Committee, Committee on Rules and few others.

Administrative Functions:

The Speaker has several administrative responsibilities. He has control over the Lok Sabha Secretariat. He appoints the employees of the Secretariat, determines the service rules for them and supervises their work. He has the responsibility for the upkeep of the records of the proceedings of the House.

Disqualify unqualified Member:

Speaker decides the question of disqualification of Lok Sabha members in matters of tenth schedule / anti-defection law. This decision is subject to judicial review.

Appointment of Secretary General of Lok Sabha:

The Secretary General of the Lok Sabha is appointed by the Speaker.

Other Powers:

All Communications between the Parliament and the President take place through the Speaker. The Speaker signs all bills passed by the Lok Sabha before they are sent to the Rajya Sabha or to the President. In short, he is the representative of the House itself in its powers, proceedings prestige and dignity.

The first Speaker of the Lok Sabha was G. V. Mavalankar (1952-62). Mr. Anatha Sayanam Ayyangar was the Speaker of the Second Lok Sabha (1956-62). All the Speakers of the Lok Sabha are men of reputation and they have brought up a healthy tradition of impartiality and dignity to the office of the Speaker. Sumitra Mahajan of the Bharatiya Janata Party, who is presided over the 16th Lok Sabha as a Speaker. Deputy Speaker of Lok Sabha was M Thambidurai.

Other Officials Associated With Lok Sabha Speaker:

Deputy Speaker of Lok Sabha

When Speaker of Lok Sabha is not available, his duties are carried out by Deputy Speaker.  A Deputy Speaker is elected by the Lok Sabha members from amongst themselves. Election of Deputy Speaker is done after the election of Speaker. The date of election of Deputy Speaker is fixed by Speaker. We note here that Deputy speaker is not subordinate to the Speaker and is directly responsible to Lok Sabha. If Deputy Speaker is also not present, a person appointed by President will discharge the duties.

Protem Speaker

Whenever Lok Sabha is dissolved, the Speaker continues to remain in office until immediately before the first meeting of Lok Sabha after it is reconstituted. President appoints a Speaker Pro Tem for the first meeting of the newly elected Lok Sabha. He is appointed to administer the oath to the new members and enable the house to elect a new speaker. Usually, the senior-most member is elected as Protem speaker and the President himself administers the oath to him.

Secretary-General of Lok Sabha

Lok Sabha has its own secretariat and its Secretary-General is appointed by Lok Sabha speaker. He is a government servant and remains in office till the age of 60 years. His functions are to provide a link between changing members and keeping the records. He summons the members to attend the session of parliament on behalf of the President. He also authenticates the bill in absence of Speaker.  He is answerable to ONLY Speaker and his action cannot be criticized in or out of Lok Sabha.

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The President always acts in accordance with the advice of the Council of Ministers and the Prime Minister. All his powers are really used by the Prime Minister and the Union Council of Ministers. The President holds the highest office in India, represents the sovereignty of India, enjoys the highest position and plays a valuable part in the working of the Indian Constitutional system.

Administrative Powers:

The President is the head of executive and of the administration of India. All executive powers have been vested in him. All executive actions of the Government of India are taken in the name of the President. He gets the administration run by the Council of Ministers. In performing all his functions, the President follows the advice of the Prime Minister.

All orders and other instruments made and executed in the name of President are to be authenticated in such manner as may be specified by him. The validity of an order or instrument which is so authenticated cannot be called in question on the ground that it is not an order or instrument made or executed by him. (Article 77(2)).

Power of Appointments:

The President has power to appoint

1. The Prime Minister and other ministers shall be appointed by the President on the advice of the Prime Minister (Article 75(1)).
2. Attorney General for India (Article 76);
3. The judges of the Supreme Court (Article 124);
4. The judges of the High Courts (Article 217);
5. Comptroller and Auditor General of India (Article 148);
6. Governors of States (Article 155);
7. Finance Commission (Article 280);
8. Election Commissioners (Article 324);
9. Members and Chairman of Union Public Service Commission (Article 316);
10. Joint Public Service Commission for a group of states (Article 316);
11. Commission to investigate on the condition of Backward Classes (Article 340);
12. Commission to report on the Administration of Scheduled Areas (Article 339);
13. Special officers for Scheduled Castes and Scheduled Tribes (Article 338);
14. Commission and Committee of Parliament on official language (Article
    341).
15. A Commission on language (Article 344);
16. An Inter-State Council (Article 263).

Powers of Removal:

The president has the power to remove

1. The Ministers (Article 75(2);
2. The Attorney General of India (Article 76 (4));
3. The Governor of a State (Article 156 (1)).

Role in Foreign Relations:

As the Head of the State, the President sends India’s ambassadors and envoys to foreign countries. He receives the foreign ambassadors in India. All diplomatic relations takes place in his name. All International Treaties are negotiated and signed by the Government of India in the name of the President.

Supreme Commander of the Armed Forces:

The President shall be Supreme Commander of the Defence forces and the exercise thereof shall be regulated by law and Parliament shall have the power to regulate or control the exercise of military powers by the President. He grants all military honours and titles for acts of bravery and commendable service to the nation.

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Article 54 of the Constitution provides for an indirect method for the election of the President. By Article 54 the President shall be elected by the members of an electoral college consisting of the elected members of both Houses of Parliament; and the elected members of the Legislative Assemblies of the States

Thus by the Article 54 of the Constitution, the electoral college for the election of the President consists of (a) the elected members of both the Houses of the Union Parliament (All elected MPs), and (b) The elected members of all State Legislative Assemblies (All elected MLAs). The nominated members of the Parliament and Legislative Assemblies have been denied a share in the Presidential election.

Qualifications for the Office of President (Article 58 and 59):

The following qualifications are essential for a candidate seeking election to the office of the President:

1. He should be a citizen of India;
2. He should be of 35 years or above of age;
3. He should be qualified for becoming a member of the Lok Sabha;
4. Must not hold any office of profit under the Government of India or the Government of any State or under any local government (Exceptions are the offices of President and Vice-President, Governor of any State and Ministers of Union or State);
5. He should not be a member of the Parliament or of a State Legislature.

Other Conditions:

Apart from the above conditions, the nomination paper of a candidate has to be signed by at least fifty (50) eligible voters as proposers and at least fifty(50) eligible voters as seconders. Here the voters are the MPs & MLAs and not citizens. A voter cannot propose or second more than one candidate.

Tenure of the President:

The President is elected for a term of five years. His term commences from the date on which he enters the office. However, in case due to one reason or the other, the election of a new President cannot be completed before the expiry of his term, the existing President continues to hold the office till the election of a new President gets completed.

Provision for Resignation (Article 56):

Before the completion of his term, the President can resign his office by writing a resignation letter by hand and addressing it to the Vice-President of India.

Impeachment of the President (Article 61):

The President can be removed through a process of impeachment on grounds of violation of the Constitution (only). The impeachment proceedings can be initiated by either House of the Union Parliament. For initiating the impeachment proceedings, first, one-fourth of the total members of a House has to give a signed written notice at least 14 days in advance. If the House after deliberations passes this resolution by a majority of 2/3rd of its total membership; it goes to the other House. The other House investigates the charges. The President has the right to appear in person or through a lawyer, to defend himself.

If after investigation, the second House also passes the implement resolution by not less than the 2/3 rd majority of the total membership of the House, the President gets impeached and goes out of office.

No President of India has, till today, faced an impeachment proceeding.

Re-eligibility (Article 57):

The Constitution does not place any restriction on the number of terms a person can get re-elected as President.

Only the first President Dr. Rajendera Prasad has remained in office for more than two terms.

Presidential Succession (Article 62):

An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term.

If the office of President falls vacant due to the death of the incumbent or due to any cause other than the expiry of his term of office, then the Vice- President of India becomes the acting-President. Then a new President is elected within six months of the occurring of the vacancy.

In case the office of the Vice-President is also vacant at the time of the occurrence of a vacancy in the office of President, the Chief Justice of India, and in his absence the senior-most judge of the Supreme Court, is sworn in as the acting-President till the election of a new President, which has to be completed within six months.

Immunities:

For the exercise of his constitutional rights and powers, the President is not answerable to any court. During his tenure, he cannot be arrested or detained and no criminal proceedings can be started against him. For suing him in a civil case involving his personal acts, advance notice of two months has to be given.

Emoluments:

The President now gets a salary of Rs. 500000/- per month. Besides salary, the President gets several allowances and free furnished accommodation at Rashtrapati Bhawan. Rashtrapati Bhawan is 340-rooms building located in Delhi (Rajpath) on 320-acre area. After retirement, the President gets a monthly pension of Rs. 75000/ plus office expenses as well as an allowance for employing a personal secretary, free accommodation and medical aid.

Presidents of India and Their Tenures

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Thus by the Article 54 of the Constitution the electoral college for election of the President consists of (a) the elected members of both the Houses of the Union Parliament (All elected MPs), and (b) The elected members of all State Legislative Assemblies (All elected MLAs). The nominated members of the Parliament and Legislative Assemblies have been denied a share in the Presidential election.

Stages of Election of President

Stage 1: Notification of Election and Appointment of the Returning Officer:

The election is notified by the President and the responsibility for conducting it is with the Election Commission of India. The Election Commission appoints a Returning Officer. It also fixes the date for filing the nomination papers, the last date for withdrawal, and the polling schedule.

Stage 2: Filing of Nomination Papers, Scrutiny and Withdrawals:

By the stipulated date each candidate possessing the required qualification for the office of president has to file his nomination papers with the Returning Officer. Apart from the qualifications, the nomination paper of a candidate has to be signed by at least fifty (50) eligible voters as proposers and at least fifty(50) eligible voters as seconders. Here the voters are the MPs & MLAs and not citizens. A voter cannot propose or second more than one candidate. Each name has to be proposed by 50 electors and seconded by another 50 electors. Along with it, a sum of Rs. 15,000 has to be deposited as security money.

The nomination papers are then scrutinized for determining the eligibility of all candidates. All incomplete and wrong nominations get rejected. The candidates are then permitted to voluntarily withdraw from the contest by a stipulated date.

Stage 3: Election Campaign:

All eligible candidates conduct their election campaigns mostly through respective political parties supporting them. Since it remains confined only to the members of the Electoral College, the general public gets involved in a minimum way.

Stage 4: Polling:

On the fixed day, the polling is held. Each voter casts one vote and indicates his preferences on the ballot paper. The voting is totally secret.

The provisions of the anti-defection law are not applicable to the Presidential election. Hence the voters can vote according to their conscience and are not bound by any party whips. The voting is also by secret ballot

Principles for ensuring uniformity and parity in the value of votes of MPs and MLAs (Article 55):

Principle 1: Single Vote System:

In a Presidential election, each voter casts only one vote. However, the value of each vote differs from voter to voter. The value of vote of an MP is uniformly the same while the value of vote of an MLA differs from state to state. The value of votes of electors (voters) is basically determined on the basis of population of the States. Since population figures are dynamic and keep changing every year, it has been decided through the 84^th Constitutional Amendment, that until the population figures for the first census after 2026 are published (in other words, 2031 census), the population of the States for the purpose of this calculation will mean the population as per the 1971 census.

Principle 2: There is uniformity in the scale of representation of all States:

The value of the vote of each MLA is calculated by dividing the population of the State as per 1971 Census, by the total number of elected members of the respective state assembly, and then to divide the quotient by 1000. Total Value of all members of each State Assembly is obtained by multiplying the number of seats in the Assembly by the number of votes for each member.

Value of vote of an MLA of a State = (Total Population of State/Number of Elected MLAs of State) ÷1000

Then the total value of votes of all the MLAs of all the States is aggregated. Let us calculate the value of the vote of MLA. from Maharashtra. Maharashtra Legislative Assembly has 288 members. According to census data, the population of Maharashtra was 50412235.

Thus the value of vote of M.L.A. of Maharashtra = (50412235/288)/1000 = 175

Thus total value of all Maharashtra State M.L.A.s = 175 x 288 = 50400

For 2017 presidential election value of each vote of M.L.A. of different states, the total value of votes of M.L.A. of a State and Total value of all the M.L.A.s of all the States are given in the following table.

Principle 3: There is parity in the value of votes of all MPs and all MLAs:

The total value of votes of all the States is divided by the total number of elected members of Parliament (Lok Sabha 543+Rajya Sabha 233) to get the value of votes of each Member of Parliament or the MP. The total value of votes of all the States is 549495.

Value of Vote of an MP = 549495/ (543 + 233) = 549495/ 776 = 708

Thus for 2017, the value of the vote of MP worked out to be 708.

Total value of votes of MP = 708 x 776 = 549408

Total value of votes of all MPs and MLAs = 549495 + 549408 = 1098903

The value of a MP vote is substantially higher than the value of a MLA vote.

Principle 4: Process of Election of President

A ballot paper is given to each voter with the names of the contesting candidates, green ballot paper for MPs & Pink ballot paper for MLAs. This election happens through the Single Transferable Vote (STV).  Hence each voter can mark as many preferences, as the number of candidates contesting the election. These preferences for the candidates are to be marked by the voter, by marking the figures 1, 2, 3, 4, 5 and so on, against the names of the candidates, in the order of preference. The vote of voter goes to the candidate to whom he gives his first preference vote. But in case that candidate fails to win the required winning quota and no other candidate also gets the required winning quota of votes, his vote is transferred to the candidate to whom he has given his second preference vote and so on.

Principle 5: A Fixed Quota of Votes for a Win in Election of President:

To win a Presidential election, a candidate has to secure a minimum fixed quota of votes. It is calculated as follows

Winning Quota = Total number of valid votes Polled/ number of seats + 1

i.e., 50% of valid first preferential votes polled + 1. 

Stage 5: Counting of Votes During Election of President:

The First count is done by counting the first preference votes secured by each candidate. If no candidate gets the required winning quota of votes in the First count, the candidate with the lowest number of votes polled gets eliminated. His votes are then transferred to the remaining candidates on the basis of the second preferences as recorded by ‘his voters’. The process is repeated until one of the contesting candidates secures the required winning quota. This transfer system was used only once at the time of the Fifth Presidential election held in 1969. It has not been used thereafter because each Presidential election has given a clear majority to one candidate.

A candidate who secures less than 1/6th of the votes necessary to win the election forfeits his security money.

Stage 6: Notification of the Result:

The result of the election is then notified in the Gazette of India.

Stage 7: Oath-taking and Installation (Article 60):

The day the term of the previous President expires or on a fixed date, the oath-taking and installation of the new President take place. The President-elect takes the oath of his office in the presence of the Chief Justice of India, and in his absence in the presence of the available senior-most judge of the Supreme Court.

Method of the settlement of disputes regarding the Presidential Election:

Any dispute arising out of the election of the President is enquired into and finally decided by the Supreme Court of India. An election petition can be filed only within 30 days of the declaration of the result. The Supreme Court then conducts the hearing and gives its verdict.

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