How India Chooses its Head of State Dr. V.K. Agnihotri On July 19, 2012, India, the world’s largest democracy, elected its 13th President, Pranab Mukherjee. This article outlines the history of the Indian presidency and the powers of the office. It explains the indirect election process whereby members of the national and state legislatures choose a Head of State. he Office of the President is a symbol of the Indian The Lok Sabha is composed of representatives Republic. The office has been a source of advice, chosen by direct election on the basis of adult suffrage. Tcounseling and guidance to the Governments of It comprises 545 Members, of which 530 are directly the day, especially in times of difficulty and crises. Such elected from the States and 13 from Union Territories, a role is particularly crucial in a country like India with while two members of the Anglo-Indian community its vast size, large populace and enormous diversities. are nominated by the President. The term of the Lok Sabha, unless dissolved earlier, is five years. However, Brief Description of the Indian Political System while a Proclamation of Emergency is in operation, The Constitution of India was adopted by the this period may be extended by Parliament for a period Constituent Assembly on November 26, 1949 and came not exceeding one year at a time and not extending into force on January 26, 1950. The parliamentary form of in any case, beyond a period of six months after the government is federal in structure with unitary features. Proclamation has ceased to operate. There are now 28 States and seven Union Territories. The The Constitution distributes legislative powers Union executive consists of the President, Vice-President between Parliament and state legislatures and and Council of Ministers with the Prime Minister as provides for vesting of residual powers in the head to aid and advise the President. The Constitution Parliament. The distribution of powers emphasizes, in makes it clear that the real executive power vests in the many ways, the general predominance of Parliament. Council of Ministers with the Prime Minister as head. Parliament has also been vested with the power to The Council of Ministers is collectively responsible to impeach the President and to remove the Judges of the the House of the People (Lok Sabha). Supreme Court and High Courts, the Chief Election Parliament consists of the President and two Houses, Commissioner and the Comptroller and Auditor- the Council of States (Rajya Sabha) and the House of General, in accordance with the procedure laid down the People (Lok Sabha). Rajya Sabha comprises 245 in the Constitution. Besides the power to legislate, Members, of which 233 represent the States and Union Parliament has also been vested with the power to Territories and 12 are nominated by the President from initiate amendment of the Constitution. amongst persons having special knowledge or practical The superintendence, direction and preparation experience in such matters as literature, science, art of electoral rolls for elections to Parliament and and social service. Elections to the Rajya Sabha are State Legislatures and elections to the offices of the indirect. Members are chosen by elected Members of President and the Vice-President are vested in the legislative assemblies of the States in accordance with Election Commission of India. The independence of the the system of proportional representation by means Election Commission is ensured by a specific provision of the single transferable vote. The Rajya Sabha is not under article 324(5) of the Constitution. The Election subject to dissolution and one-third of its Members Commission at regular intervals, publishes notification retire biennially. specifying the names of recognized national and state parties. See Table on the following page for a current list of recognized national and state parties. Dr. V.K Agnihotri is Secretary-General of the Rajya Sabha, the Upper House of the Indian Parliament. 40 CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2012 States Members of Members of State Parties Recognised by the Electoral ECI* Rajya Sabha Lok Sabha Andhra Pradesh 18 42 1. Praja Rajyam Party, 2. Telangana Rashtra Samithi, 3. Telugu Desam Arunachal Pradesh 1 2 Arunachal Congress Assam 7 14 1. All India United Democratic Front, 2. Asom Gana Parishad, 3. Bodoland Peoples Front Bihar 16 40 1. Janata Dal (United), 2. Lok Ajan Shakti Party Chhattisgarh 5 11 Goa 1 2 1. Maharashtrawadi Gomantak, 2. Save Goa Front Gujarat 11 26 Haryana 5 10 1. Haryana Janhit Congress (BL), 2. Indian National Lok Dal Himachal Pradesh 3 4 Jammu & Kashmir 4 6 1. Jammu & Kashmir National Conference, 2. Jammu & Kashmir National Panthers Party, 3. Jammu & Kashmir Peoples Democratic Party Jharkhand 6 14 1. Janata Dal (United), 2. Jharkhand Mukti Morcha, 3. Jharkhand Vikas Morcha (Prajatanatrik) Karnataka 12 28 Janata Dal (Secular) Kerala 9 20 1. Janata Dal (Secular), 2. Kerala Congress, 3. Kerala Congress (M), 4. Muslim League Kerala State Committee Madhya Pradesh 11 29 Samajwadi Party Maharashtra 19 48 Shiv Sena Manipur 1 2 1. Manipur People’s Party, 2. National People’s Party Meghalaya 1 2 1. All India Trinamool Congress, 2. United Democratic Party Mizoram 1 1 1. Mizo National Front, 2. Mizoram People’s Conference, 3. Zoram Nationalist Party Nagaland 1 1 Nagaland Peoples Front Odisha 10 21 1. Biju Janata Dal, 2. Jharkhand Mukti Morcha Punjab 7 13 Shiromani Akali Dal Rajasthan 10 25 Sikkim 1 1 Sikkim Democratic Front Tamil Nadu 18 39 1. All India Anna Dravida Munnetra Kazhagam, 2. Dravida Munnetra Kazhagam, 3. Marumalarchi Dravida Munnetra Kazhagam, 4. Pattali Makkal Katchi Tripura 1 2 Uttarakhand 3 5 1. Samajwadi Party, 2. Uttarakhand Kranti Dal Uttar Pradesh 31 80 1. Rashtriya Lok Dal, 2. Samajwadi Party West Bengal 16 42 1. All India Forward Bloc, 2. All India Trinamool Congress, 3. Revolutionary Socialist Party Nominated 12 2 Union Territories Andaman & Nicobar Islands - 1 Chandigarh - 1 Dadra & Nagar Haveli - 1 Daman & Diu - 1 Lakshadweep - 1 National Capital Territory of Delhi 3 7 Puducherry 1 1 1. All India Anna Dravida Munnetra Kazhagam, 2. Dravida Munnetra Kazhagam, 3. Pattali Makkal Katchi, 4. Pudhucherry Munnetra Congress Total 245 545 *National Parties registered by the Election Commission of India are: 1. Bahujan Samaj Party 4. Communist Party of India (Marxist) 7. Rashtriya Janata Party 2. Bharatiya Janata Party 5. Indian National Congress 3. Communist Party of India 6. Nationalist Congress Party CANADIAN PARLIAMENTARY REVIEW/AUTUMN 2012 41 Parliamentary democracy has a defence, external affairs, etc. The Governor-General strong foundation in India. had independent powers of legislation, concurrently with those of the legislature, apart from his power to promulgate Ordinances during the recess of the In the 2009 General Elections to the Lok Sabha, legislature. a total of 417 million people voted out of a total electorate of about 716 million in about 834,000 polling With the Indian Independence Act, 1947, the suzerainty stations spread across widely varying geographic and of the British Crown over the Indian States lapsed, and climatic zones. The Election Commission employed the Governor-General was made the constitutional almost 4.6 million people to conduct the election. A head, who would act on the advice of a Council of vast number of civilian police and security forces were Ministers having the confidence of the Legislature. deployed to ensure that the elections were carried out The Drafting Committee entrusted with the task peacefully. Polling stations were located in the snow- of preparing a Constitution in accordance with the clad mountains in the Himalayas, the deserts of the decisions of the Constituent Assembly, was appointed Rajasthan and in sparsely populated islands in the by a Resolution passed by the Constituent Assembly Indian Ocean. on August 29, 1947. The Draft Constitution was presented to the Constituent Assembly on November Historical Context 4, 1948 and after discussions and consideration of The framers of the Constitution pondered two various clauses, the Constitution was passed. The challenging issues, namely, the nature of the executive Constituent Assembly accomplished the daunting task and its relation to the legislature. While introducing of framing the Constitution in less than three years. the Draft Constitution on November 4, 1948, Dr. B.R. The Constitution was drawn from a number of sources Ambedkar, Chairman of the Drafting Committee, and reflects an amalgamation of various principles and stated: practices of governance. A student of Constitutional Law, if a copy The political class in India had, by this time, become of a Constitution is placed in his hands, is accustomed to the functioning of some semblance of sure to ask two questions. Firstly what is the form of Government that is envisaged in the parliamentary government. At the time of discussion Constitution; and secondly what is the form of on the new Constitution, opinion was overwhelmingly the Constitution? For these are the two crucial in favour of adopting an executive responsible to the matters which every Constitution has to deal Legislature in accordance with the British tradition.2 1 with. However, conferment of certain special powers on The decision of the Constituent Assembly regarding the President was also contemplated at the initial the form of government in India was considerably stage, drawing from the powers of the Governor- influenced by the political background of the country General as per the Government of India Act, 1935. But, and the practices and traditions evolved during the the Constituent Assembly decided in support of the British rule. The Central Government in India was parliamentary type of government with the President carried on by the Governor-General in Council, having no special powers vested personally in him consisting of the Governor-General and members of but would exercise all his functions, including the his Executive Council.