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Article 54 of Indian Constitution - Detailed Analysis

Last Updated on Apr 02, 2025
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Overview

Name of the Article

Article 54 - Election of President

Part of the Constitutional Article

Part V

Article 54 of Indian Constitution defines the process for electing the President of India. It establishes an Electoral College encompassing elected members of both Houses of Parliament and the Legislative Assemblies of States. This article ensures a balance between Union and State representation in this democratic process.

Interpretation of Article 54 of Indian Constitution

Article 54 of Indian Constitution states that -

“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.”

Key Provisions of Article 54 of the Indian Constitution

Article 54 includes the elected members of both Houses of Parliament -

  • Lok Sabha
  • Rajya Sabha

It also includes the elected members of the Legislative Assemblies of States and Union Territories with Legislative Assemblies (e.g., Delhi, Puducherry).

Article 54 excludes the nominated members of Parliament and State Legislatures from the Presidential election process. This highlights the principle of democratic election through direct or indirect popular mandate.

Article 54 is significant because the structure of the Electoral College reflects the dual nature of federal polity of India and balances the roles of the Union and the States in electing the President.

Judicial Pronouncements related to Article 54 of Indian Constitution

Kuldip Nayar vs Union of India (2006) focused on Rajya Sabha elections but indirectly highlighted the importance of elected representation. The decision with the principles underpinning Article 54 and emphasizes the democratic mandate.

The case of S. R. Bommai vs Union of India (1994) highlighted the federal nature of Indian democracy which resonates with the composition and functioning of the Presidential Electoral College.

Conclusion

Article 54 is the foundation of the federal and democratic structure of India. It ensures that the President is elected through a representative process involving both Union and State legislatures. It reinforces democratic values and upholds the federal spirit of the Constitution by limiting participation to elected members.

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FAQs about Article 54 of Indian Constitution

Article 54 provides the composition of the Electoral College for electing the President including elected members of both Houses of Parliament and State Legislative Assemblies.

No, nominated members are excluded from the Electoral College.

Yes, Union Territories with Legislative Assemblies such as Delhi and Puducherry are represented in the Electoral College.
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