Article 55 of the Constitution of India deals with the manner of election of the President of India. It lays down the method of voting, the value of votes of elected Members of Parliament and Legislative Assemblies, and the principle of proportional representation used in the presidential election.
- Meaning of Article 55
- Constitutional Provision
- Article 54 and Article 55
- Objectives of Article 55
- Method of Election
- What Is a Single Transferable Vote?
- Value of an MLA’s Vote
- Example of MLA Vote Calculation
- Population Figures Used
- Value of an MP’s Vote
- Why Do MPs Have Equal Vote Value?
- Weighted Voting
- Parity Between Union and States
- Why Is the System Necessary?
- Electoral College Under Article 54
- Secret Ballot
- Quota in the Presidential Election
- Counting Process
- Article 55 and Proportional Representation
- Article 55 and Federalism
- Constitutional Amendment and Article 55
- Population Freeze and Constitutional Amendments
- Article 55 and the 2026 Census
- Important Cases
- Article 55 and Vice-Presidential Election
- Article 55 at a Glance
- Article 55 and Related Constitutional Provisions
- Common Confusions
- Quick Revision
- Conclusion
The provision seeks to maintain uniformity in the scale of representation of different States and parity between the States as a whole and the Union in the election of the President.
Meaning of Article 55
Article 55 does not determine who forms the electoral college. That is dealt with by Article 54.
Instead, Article 55 explains how the President is elected.
The presidential election is conducted through:
- Proportional representation
- Single transferable vote
- Secret ballot
The votes of elected MLAs and MPs are given different values according to the constitutional formula.
Constitutional Provision
Article 55 provides for the manner of election of the President.
It states that, as far as practicable, there shall be uniformity in the scale of representation of the different States.
It also seeks to maintain parity between the States as a whole and the Union.
For achieving these objectives, the Constitution provides a system for calculating the value of votes.
Article 54 and Article 55
These two provisions should always be studied together.
Article 54 → Who elects the President?
Article 55 → How is the President elected?
Article 54 establishes the electoral college.
Article 55 establishes the voting system and value of votes.
Objectives of Article 55
Article 55 specifically aims at two things:
1. Uniformity Among States
The value of an MLA’s vote is calculated according to a constitutional formula based primarily on the population of the State and the number of elected members of its Legislative Assembly.
This seeks to maintain a broadly uniform scale of representation among States.
2. Parity Between Union and States
The total value of votes of elected MPs is designed to maintain parity with the total value of votes of elected members of State Legislative Assemblies.
Thus, neither Parliament nor the States are intended to have an overwhelming numerical advantage in the presidential election.
Method of Election
The President is elected by:
Proportional representation by means of the single transferable vote.
Voting is conducted through a secret ballot.
This is different from an ordinary first-past-the-post election.
What Is a Single Transferable Vote?
Under the single transferable vote system, an elector can indicate preferences among candidates.
The ballot can contain preferences such as:
- 1
- 2
- 3
- 4
The first preference is counted first.
If a candidate does not obtain the required quota, votes may be transferred according to the subsequent preferences in accordance with the rules governing the election.
The system is therefore designed to ensure that the winning candidate obtains the required level of support rather than merely the largest number of first-preference votes.
Value of an MLA’s Vote
The Constitution provides a formula for calculating the value of the vote of each elected member of a State Legislative Assembly.
The basic formula is:
Value of an MLA’s vote =
Population of the State ÷ Number of elected members of the Legislative Assembly ÷ 1,000
The constitutional provision also contains a specific method for dealing with the remainder.
The population figures used for this purpose are governed by Article 55 and its constitutional amendments.
Example of MLA Vote Calculation
Suppose a hypothetical State has:
- Population = 20,000,000
- Elected MLAs = 200
The calculation would be:
20,000,000 ÷ 200 = 100,000
100,000 ÷ 1,000 = 100
Therefore, each elected MLA would have a vote value of 100, subject to the constitutional calculation rules.
This is only an illustration; the actual presidential election uses the constitutionally prescribed population figures.
Population Figures Used
A significant feature of Article 55 is the constitutional freeze concerning the population figures used for calculating the value of votes.
The Constitution currently uses the 1971 Census figures for this purpose.
This arrangement was originally linked to the constitutional policy of encouraging population stabilisation and avoiding changes in electoral weight solely because of differences in population growth.
The freeze has been extended through constitutional amendments.
Value of an MP’s Vote
After determining the total value of votes of all elected members of the Legislative Assemblies of the States, the value of the vote of each elected Member of Parliament is calculated.
The formula is broadly:
Value of each elected MP’s vote =
Total value of votes of all elected MLAs ÷ Total number of elected MPs of both Houses of Parliament
The resulting value is determined according to the constitutional method.
Thus, all elected MPs have the same vote value in the presidential election.
Why Do MPs Have Equal Vote Value?
The Constitution does not assign different vote values to individual MPs based on their State or constituency.
Instead, the total value of votes of elected MLAs is distributed equally among all elected members of both Houses of Parliament.
Therefore:
One elected MP = Equal vote value
while:
Different elected MLAs = Different vote values depending on the constitutional formula
Weighted Voting
The presidential election uses weighted voting.
This means the vote of each elector does not necessarily have a value of one.
For example, an MLA’s vote may carry a value substantially greater than one, while an MP’s vote also has a prescribed value.
The system attempts to reflect the representative strength of the States while maintaining Union-State balance.
Parity Between Union and States
Suppose the total value of votes of all elected MLAs is represented as X.
The Constitution seeks to ensure that the total value of votes of elected MPs is approximately equal to X.
This creates a broad balance between:
States → Elected MLAs
and
Union → Elected MPs
This is one of the most distinctive features of the presidential election.
Why Is the System Necessary?
If every MP and MLA simply had one vote, States with large legislative assemblies and Parliament could have a substantially different influence on the result.
Article 55 therefore uses weighted voting to account for representation.
The system seeks to balance:
- Population
- State representation
- Union representation
- Federal considerations
Electoral College Under Article 54
Article 55 operates on the electoral college established by Article 54.
The electoral college includes:
- Elected members of Lok Sabha
- Elected members of Rajya Sabha
- Elected members of State Legislative Assemblies
- Elected members of the Legislative Assemblies of Delhi and Puducherry
The following do not participate:
- Nominated MPs
- Members of State Legislative Councils
- Nominated members of Legislative Assemblies
Secret Ballot
Article 55 provides that the election is conducted by secret ballot.
The secrecy of voting protects the independence of electors and prevents their preferences from being publicly disclosed.
The presidential election is therefore different from certain parliamentary voting processes where the Constitution or election law may provide for an open ballot.
Quota in the Presidential Election
The winning candidate must obtain the prescribed quota of votes under the proportional representation system.
Broadly, the quota is calculated as:
Total value of valid votes ÷ 2 + 1
The counting process begins with first-preference votes.
If no candidate reaches the required quota, votes are transferred according to the subsequent preferences.
Counting Process
The presidential election generally proceeds through the following stages:
- Ballots are cast by members of the electoral college.
- First-preference votes are counted.
- The value attached to each vote is taken into account.
- The total value of valid votes is determined.
- The required quota is calculated.
- If a candidate reaches the quota, that candidate is elected.
- If no candidate reaches the quota, votes are transferred according to the prescribed rules.
- Counting continues until a candidate reaches the required quota.
Article 55 and Proportional Representation
The use of proportional representation distinguishes the presidential election from the ordinary first-past-the-post system used for Lok Sabha elections.
Lok Sabha Election
Generally:
Candidate with the highest votes wins the constituency.
Presidential Election
The election uses:
Proportional representation + Single transferable vote + Weighted votes
Therefore, the presidential election has a fundamentally different electoral structure.
Article 55 and Federalism
Article 55 has an important federal dimension.
The President is the constitutional head of the Union, but the States participate in choosing the President.
The weighted voting system ensures that the election is not simply controlled by the numerical strength of Parliament.
At the same time, the system does not give every State identical voting weight because population is incorporated into the calculation.
Constitutional Amendment and Article 55
The 70th Constitutional Amendment Act, 1992 expanded the presidential electoral college by including the elected members of the Legislative Assemblies of:
- National Capital Territory of Delhi
- Puducherry
This amendment also affected the operation of the presidential election provisions.
Population Freeze and Constitutional Amendments
The constitutional provisions concerning the population figures used for presidential elections have been modified over time.
The 42nd Constitutional Amendment Act, 1976 introduced the population freeze framework.
The 84th Constitutional Amendment Act, 2001 extended the relevant freeze.
The purpose was to avoid penalising States that had performed better in population stabilisation by immediately reducing their relative representation.
Article 55 and the 2026 Census
The constitutional framework provides that the relevant population reference will continue until the figures of the first census taken after 2026 become available for the purposes specified by the Constitution.
Therefore, the existing 1971 Census figures continue to be relevant to the presidential vote-value calculation until the constitutionally specified transition occurs.
Important Cases
In re Presidential Election (1974)
The Supreme Court considered constitutional questions concerning the presidential election.
The case is important for understanding the constitutional scheme governing the election of the President.
Kuldip Nayar v. Union of India (2006)
The Supreme Court considered questions relating to electoral representation and the constitutional framework governing elections.
Although the case primarily concerned elections to the Rajya Sabha, it is useful for understanding broader principles relating to electoral representation.
Article 55 and Vice-Presidential Election
The election of the Vice-President follows a different system.
Under Article 66, the Vice-President is elected by members of both Houses of Parliament.
State Legislative Assembly members do not participate.
The distinction is important:
| President | Vice-President |
|---|---|
| Article 54 & 55 | Article 66 |
| Elected MPs + elected MLAs | Members of both Houses of Parliament |
| Weighted votes | No MLA vote |
| Federal element | Parliamentary electoral college |
Article 55 at a Glance
| Point | Position |
|---|---|
| Article | Article 55 |
| Subject | Manner of election of President |
| Electoral System | Proportional representation |
| Voting Method | Single transferable vote |
| Ballot | Secret ballot |
| MLA Votes | Weighted according to constitutional formula |
| MP Votes | Equal value for each elected MP |
| State-Union Balance | Maintained through weighted voting |
| Population Figures | 1971 Census figures presently relevant |
| Delhi & Puducherry | Included through Article 54 framework |
| Related Article | Article 54 |
| Election Disputes | Article 71 |
Article 55 and Related Constitutional Provisions
| Article | Subject |
|---|---|
| Article 52 | President of India |
| Article 53 | Executive power of the Union |
| Article 54 | Election of President |
| Article 55 | Manner of election |
| Article 56 | Term of office |
| Article 57 | Re-election |
| Article 58 | Qualifications |
| Article 60 | Oath or affirmation |
| Article 61 | Impeachment |
| Article 62 | Election to fill vacancy |
| Article 66 | Election of Vice-President |
| Article 71 | Election disputes |
Common Confusions
Does Article 55 Decide Who Can Vote?
Article 54 primarily identifies the electoral college.
Article 55 primarily deals with the manner of election and value of votes.
Do All MLAs Have the Same Vote Value?
No.
The value of an MLA’s vote is calculated using the constitutional formula based on the State’s population and the number of elected Assembly members.
Do All MPs Have Different Vote Values?
No.
Each elected MP has the same vote value in the presidential election.
Is the Presidential Election First-Past-the-Post?
No.
It uses proportional representation by means of the single transferable vote.
Is Voting Open?
No.
The Constitution provides for a secret ballot.
Are Nominated MPs Included?
No.
Only elected members of both Houses of Parliament participate.
Are State Legislative Council Members Included?
No.
Only elected members of Legislative Assemblies participate.
Quick Revision
- Article 55 → Manner of election of President.
- Article 54 tells us who elects the President.
- Article 55 tells us how the election takes place.
- The President is elected by proportional representation.
- The system uses the single transferable vote.
- Voting is conducted by secret ballot.
- MLA votes have different values based on the constitutional formula.
- Each elected MP has the same vote value.
- The system seeks uniformity among States and parity between States and the Union.
- The 1971 Census figures currently remain relevant to the vote-value calculation.
- The 70th Constitutional Amendment Act, 1992 included Delhi and Puducherry in the presidential electoral college.
- The 42nd and 84th Constitutional Amendments are relevant to the population-freeze framework.
- Article 55 should be studied with Article 54.
- Article 71 deals with disputes concerning presidential and vice-presidential elections.
Conclusion
Article 55 provides the detailed constitutional mechanism for the election of the President of India. It goes beyond identifying the electors and establishes a system of weighted voting designed to balance the representation of the States and the Union.
The President is elected through proportional representation by means of the single transferable vote and secret ballot. The value of votes is not uniform for all electors: MLA votes are calculated according to the constitutional formula, while elected MPs have an equal vote value.
The key point to remember is:
Article 55 → The President is elected by proportional representation through the single transferable vote, using weighted votes and secret ballot to maintain balance between the States and the Union.
