The Presidential and Vice-Presidential Elections Act, 1952

The Presidential and Vice-Presidential Elections Act, 1952 is an Indian law that regulates the election process for the offices of the President and Vice-President of India. Enacted on March 14, 1952, it provides a legal framework for the nomination, election, and dispute resolution processes related to these constitutional positions, in alignment with Articles 54 to 71 of the Indian Constitution. Below is a detailed overview based on available information:

Key Provisions of the Act

1. Definitions (Section 2)

• Election: Refers to either a Presidential or Vice-Presidential election.
• Elector: For a Presidential election, an elector is a member of the electoral college as per Article 54 (elected members of both Houses of Parliament and elected members of State Legislative Assemblies, including those of Delhi and Puducherry). For a Vice-Presidential election, electors are members of both Houses of Parliament (elected and nominated) as per Article 66.
• Election Commission: The autonomous body appointed under Article 324 to oversee elections.
• Returning Officer: Includes Assistant Returning Officers authorized to perform specified functions.
• Public Holiday: Defined as per the Negotiable Instruments Act, 1881, for scheduling purposes.

2. Nomination of Candidates (Section 5)

• Eligibility: Candidates must meet constitutional qualifications:
  • For President: Must be a citizen of India, at least 35 years old, and qualified to be elected as a Lok Sabha member (Article 58).
  • For Vice-President: Same as above, but must be qualified to be a Rajya Sabha member (Article 66).
  • Candidates cannot hold any office of profit.
• Nomination Process:
  • Nomination papers must be delivered to the Returning Officer in New Delhi between 11 a.m. and 3 p.m. on any day (except public holidays) before the specified deadline.
  • Each nomination must be accompanied by a certified copy of the candidate’s entry in the electoral roll of their Parliamentary constituency.
  • A deposit of ₹15,000 is required, refundable if the nomination is valid and the candidate is not elected.
  • For Presidential elections, nominations must be supported by at least 50 electors as proposers and 50 as seconders. For Vice-Presidential elections, the requirement is 20 proposers and 20 seconders.
• Scrutiny: The Returning Officer examines nominations under Section 5E, and invalid nominations may be rejected under Section 5B(4).

3. Election Process (Sections 4, 8-11)

• Notification: The Election Commission issues a notification under Section 4 to appoint dates for nominations, scrutiny, withdrawal, and polling. For elections due to term expiration, the notification is issued at least 60 days before the outgoing President or Vice-President’s term ends.
• Voting: Conducted using the Proportional Representation by Single Transferable Vote system. Polls for Vice-Presidential elections are held in the Parliament House (Rule 8, Presidential and Vice-Presidential Elections Rules, 1974).
• Counting and Results: After vote counting, the Returning Officer declares the result and reports it to the Central Government and Election Commission. The result is published in the Official Gazette.

4. Disputes Regarding Elections (Part III, Sections 13-20)

• Election Petitions: Disputes are resolved by the Supreme Court, which has exclusive jurisdiction. No civil court can question the legality of actions taken by the Returning Officer or other officials.
• Grounds for Declaring Election Void: The Supreme Court may declare an election void if:
  • The elected candidate was not qualified or was disqualified.
  • Corrupt practices (e.g., bribery, undue influence) materially affected the result.
  • The nomination of a candidate was wrongly accepted or rejected.
• Authority for Disputes: Initially, the Act allowed Parliament to establish an authority for disputes, but amendments (post the Constitution’s Thirty-ninth Amendment Act, 1975) restored the Supreme Court as the sole authority for resolving election disputes.

5. Miscellaneous (Part IV)

• The Central Government, in consultation with the Election Commission, can make rules for the Act’s implementation, including nomination forms, scrutiny procedures, polling, and vote counting.
• The Presidential and Vice-Presidential Elections Rules, 1974, supplement the Act, detailing procedural aspects like polling hours, ballot paper custody, and scrutiny processes.

Electoral College

• Presidential Election: Comprises elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha) and elected members of State Legislative Assemblies (including Delhi and Puducherry). Nominated members are excluded.
• Vice-Presidential Election: Includes both elected and nominated members of both Houses of Parliament. State Legislative Assemblies do not participate. Each MP’s vote has a value of 1.

Role of the Election Commission

• The Election Commission, under Article 324, supervises and controls the election process.
• It appoints the Returning Officer (typically the Secretary-General of Lok Sabha or Rajya Sabha, by rotation) and issues notifications for election schedules.

Key Features

• Indirect Election: Both the President and Vice-President are elected indirectly by an electoral college, not by direct public vote.
• Deposit Requirement: Ensures serious candidature.
• Judicial Oversight: The Supreme Court’s role ensures impartial resolution of disputes.
• Proportional Representation: The single transferable vote system allows electors to rank candidates, ensuring a majority winner.

Historical Context and Amendments

• The Act was amended in 1974 to include the Hindi text and incorporate changes like the definition of public holidays and the competence of Assistant Returning Officers.
• The Constitution (Thirty-ninth Amendment) Act, 1975, temporarily altered the dispute resolution mechanism by establishing a nine-member authority, but this was reversed to restore Supreme Court jurisdiction.
• The deposit amount was increased to ₹15,000 by an amendment in 1997.

Significance

The Act ensures a structured and transparent process for electing India’s highest constitutional offices, balancing democratic principles with constitutional safeguards. It aligns with the Indian Constitution’s framework, ensuring that the President and Vice-President are elected through a representative electoral college, reflecting federal principles.