Jeywin Blog

New Joint Entrance Examination format for IITs from 2013

Wednesday, June 27th, 2012

The prestigious Indian Institutes of Technology (IITs) have agreed on a compromise formula on the common entrance exam for undergraduate courses after several weeks of face off with the Central Government, particularly HRD Minister Kapil Sibal. At a meeting of IIT Council in New Delhi on 27.06.2012, the directors of all the 15 IITs agreed to implement the new admission format from 2013.

The entire process will consists of two exams – main and advanced – to be held on separate days. While the main exam will be conducted by the CBSE, the advanced exam that is likely to take place about a month after the main exam will be conducted by the IITs. The top 1.5 lakh students from the main exam merit list can take the advanced entrance exam. To be eligible for the IIT merit list the score of the advanced test as well as the condition that the aspirant is in the top 20 percentile of his/her board will be taken into account.

“The meeting was successful and unanimous agreement to proceed with admission scheme as recommended by joint admission board taken. Kanpur faculty members and other senates gave full support to this proposal. There is no compromise. It is just a single proposal with all steps clearly spelt out. All doubts have been sorted,” said IIT-Kanpur Council member G Anandkrishnan.

IIT Faculty Federation member Professor SK Das told CNN-IBN that they have proposed that top 20 per cent students of each board and advanced exam marks will be qualifying standard for preparing IIT merit list.

“We have worked out a compromise formula. We have proposed that main exam be entirely conducted and set by CBSE. Top 1.5 lakh students from this exam will then take advanced exam. It will be set for different date, not the same day,” Das said.

“Top 20 per cent students of each state board and advanced exam marks will be qualifying standard for preparing IIT merit list. To get admission into IITs, it’s important that students score enough to be in top 20 per cent of their board (state, ICSE or CBSE) and also score well in main exam. If council and the HRD minister accept this, we will accept its implementation in 2013,” he added.

After the meeting IIT Delhi said that the institutes have decided against conducting separate entrance test and are happy with the new format.

Sibal, also the IIT Council Chairperson, skipped the meeting as he wanted the IITs to sort out the issue among themselves and didn’t wanted to be seen as interfering.

The 15 IITs are in New Delhi, Kanpur, Mumbai, Kharagpur, Chennai, Roorkee, Guwahati, Rajasthan, Gandhi Nagar, Patna, Hyderabad, Ropar, Mandi, Bhubaneshwar and Indore.

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Muhammad Morsi Isa’ al-Ayyat to be the new President of Egypt

Monday, June 25th, 2012

Thangai VS Annan

On June 24, 2012, Egypt’s election commission announced that Muhammad Morsi Isa’ al-Ayyat  has won Egypt’s presidential runoff, as the winner of Egypt’s first competitive presidential election, handing the Islamists both a symbolic triumph and a potent weapon in their struggle for power against the country’s top generals. Morsi won by a narrow margin over Ahmed Shafiq, the last prime minister under deposed leader Hosni Mubarak. The commission said Morsi took 51.7 percent of the vote versus 48.3 for Shafiq. He will be sworn in as the President on the 1st July, 2012.

Morsi

Muhammad Morsi Isa’ al-Ayyat (born 20 August 1951) is an Egyptian politician and the President-elect of Egypt Since April 30, 2012. He has been Chairman of the Freedom and Justice Party (FJP), a political party that was founded by the Muslim Brotherhood after the 2011 Egyptian revolution. From 2000 to 2005, he was a Member of Parliament. He stood as the FJP’s candidate for the May–June 2012 presidential election.

Morsi was born in the Sharqia Governorate, in northern Egypt. He received a Bachelor’s and Master’s Degree in engineering from Cairo University in 1975 and 1978, respectively. He received his Ph.D. in engineering from the University of Southern California in 1982. He was an Assistant Professor at California State University, Northridge from 1982 to 1985. In 1985, he returned to Egypt to teach at Zagazig University. Two of his five children were born in California and are U.S. citizens by birth.

He becomes Egypt’s fifth president and the first from outside the military. But his victory, 16 months after the military took over on the ouster of Hosni Mubarak, is an ambiguous milestone in Egypt’s promised transition to democracy.

Following a week of doubt, delays and fears of a coup after a public count showed Mr. Morsi winning, the generals showed a measure of respect for at least some core elements of electoral democracy by accepting the victory of a political opponent over their ally, the former air force general Ahmed Shafik. “Today, you are the source of power, as the whole world sees,” Mr. Morsi said, pointing into the television camera, during his victory speech.

Field Marshal Mohamed Hussein Tantawi, the chairman of the military council, congratulated Mr. Morsi. The official presidential guard, which once protected Mr. Mubarak, arrived at Mr. Morsi’s home to take up their new role. Until 16 months ago, their appearance at the home of a Brotherhood leader could only mean a trip to one of Mr. Mubarak’s jails. Mr. Morsi himself was jailed for a time in 2008 and again during the revolt last year against Mr. Mubarak.

Fulfilling a campaign promise, Mr. Morsi resigned on 24.06.2012 from the Brotherhood and its political arm, the Freedom and Justice Party. He is expected to appoint a prime minister and cabinet in the next few days. He has promised that the prime minister and an advisory council would come from outside the Brotherhood as part of a unity government based on a rebuilt alliance with liberals and other secular activists.

At the same time, however, Mr. Morsi has always campaigned not as an individual with a vision of his own but rather as an executor of the Brotherhood’s platform. He was the group’s second-choice nominee, put forward after the disqualification of its leading strategist and most influential leader, Khairat el-Shater. Mr. Morsi, a close friend and protégé of Mr. Shater’s, has vowed to carry out the “renaissance” program that Mr. Shater devised to overhaul Egypt’s ministries. The two did little to dispel the assertions of critics that Mr. Shater and the Brotherhood’s board would wield the true power in a Morsi government.

President Obama called Mr. Morsi to congratulate him and offer support, the White House said in a statement. A separate statement urged the generals to speed the transition to democracy and recalled Mr. Morsi’s pledges of inclusiveness: “We believe in the importance of the new Egyptian government upholding universal values, and respecting the rights of all Egyptian citizens — including women and religious minorities such as Coptic Christians.”

And incongruously, given Washington’s history of antagonism toward the Islamists of the Muslim Brotherhood, the secular lawmakers argued that the United States had improperly tried to sway the presidential race in Mr. Morsi’s favor. American officials and diplomats say the United States supported only the democratic process, regardless of the election’s result.

Egypt

Official name Jumhūriyyat Miṣr al-ʿArabiyyah (Arab Republic of Egypt)
Form of government interim government led by military council till 1st July, 2012
Head of state Chairman of the Supreme Council of the Armed Forces: Mohamed Hussein Tantawi
Head of government Prime Minister: Kamal al-Ganzouri
Capital Cairo
Official language Arabic
Official religion Islam
Monetary unit Egyptian pound (LE)
Population (2011 est.) 82,537,000
Total area (sq mi) 386,874
Total area (sq km) 1,002,000
Urban-rural population Urban: (2009) 43%
Rural: (2009) 57%
Life expectancy at birth Male: (2009) 70.2 years
Female: (2009) 74.8 years
Literacy: percentage of population age 15 and over literate Male: (2001) 67.2%
Female: (2001) 44.8%
GNI per capita (U.S.$) (2010) 2,340

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Yousaf Raza Gilani and his downfall

Monday, June 25th, 2012

Ramani Raja

Yousaf Raza Gilani, Yousaf also spelled Yusuf, Gilani also spelled Gillani   (born June 9, 1952, Karachi, Pakistan), a politician became Prime Minister of Pakistan in 2008.

Syed-Yousaf-Raza-Gilani-5

Gilani was born into a prominent family of landowners from the Punjab province, many of whom were involved in politics, including his father, who was a provincial minister during the 1950s. After studying at the University of Punjab (M.A., 1976), Gilani joined the Pakistan Muslim League (PML) in 1978. In 1985 he was elected to the federal parliament. He received an appointment in the cabinet of Prime Minister Mohammad Khan Junejo, but a conflict with Junejo led to Gilani’s being replaced in 1986 and in his eventual marginalization within the PML.

Gilani joined the Pakistan People’s Party (PPP) after Pres. Mohammad Zia-ul-Haq dismissed Junejo’s government in 1988. The PPP returned to power under Benazir Bhutto following Zia’s death in a plane crash later that year. Gilani served as speaker of the National Assembly (1993–97) during Bhutto’s second term as prime minister. Bhutto was removed as prime minister in 1996, and in elections the following year Gilani lost his seat in parliament while the PPP suffered a decisive defeat nationally. He remained a senior member of the PPP. Gilani was arrested in 2001 on charges of having granted illegal government appointments while he was speaker, and he served more than four years in prison, though he maintained his innocence.

In October 2007 Bhutto returned to Pakistan from self-imposed exile to lead the PPP in general elections called for early 2008. In December 2007, however, she was assassinated. Following her death, Bhutto’s husband, Asif Ali Zardari, became head of the PPP, which managed to win the most seats in elections held in February 2008. Gilani won a seat from the Multan district. The PPP subsequently negotiated a coalition agreement with Nawaz Sharif’s Pakistan Muslim League–Nawaz. With Zardari ineligible to become prime minister, because he had not been elected to the parliament, in March the PPP selected Gilani to become prime minister. Zardari won the presidential election in September 2008.

In February 2012 the Supreme Court charged Gilani with contempt for failing to reactivate a money-laundering investigation against Zardari after a 2009 Supreme Court decision had overturned an amnesty protecting politicians accused of corruption. Gilani, who insisted that the charges were politically motivated, was convicted in April 2012; however, he was sentenced to only a few minutes of confinement.

While serving his prison sentence in the early 2000s, Gilani wrote Cāh-i Yūsuf se ṣadā (2006; “Reflections from Yusuf’s Well”), a memoir and commentary on Pakistani political history.

Family and education

Syed Yousuf Raza Gillani was born on 9 June 1952 in Karachi, Sindh Province, West-Pakistan. Gillani moved to Multan, Punjab Province, attending the Forman Christian College University. He attended Government College University and obtained his B.A. in Journalism in 1970, and followed by a M.A. in Political Journalism from the University of the Punjab in 1976.

Gillani is married to Fauzia Gillani, together they have four sons and one daughter, and one grandson. His eldest son, Abdul Qadir Gillani, started his own political career from Multan, and in 2008 he married the granddaughter of Pir Pagara Shah Mardan Shah II, an influential political and religious leader of Sindh. Abdul Qadir is alleged to have been involved in a corruption case over arrangements for pilgrims to Mecca and in a scandal at a state-owned insurance company. Gillani’s three other sons Ali Qasim Gillani, Ali Musa Gillani and Ali Haider Gillani are triplets. Qasim Gillani is currently doing his undergraduate studies at Brunel University of London. Musa Gillani completed his Masters at Queen Mary University of London in 2009 and was an MNA in his father’s cabinet. Ali Haider Gillani is studying at School of Economics in Lahore. Ali Musa Gillani after completing his studies is now actively participating in politics. Ali Musa was questioned by the Anti-Narcotics Force (ANF) agents over a scandal involving the production of the drug Ecstasy. Yousaf Raza Gillani’s daughter is Fiza Gillani.

On 22 March 2008, the PPP nominated Gillani for the post of Prime Minister. The PPP completed consultations with coalition partners about the Prime Minister and its allies endorsed the nomination. The formal announcement of the name of Prime Minister was expected to be made that night.

On 22 March at 9:38 pm Islamabad, (1638 GMT), he was officially announced by the PPP as its candidate for the premiership of the country. Many analysts said that they would not be surprised if Zardari succeeded Gillani after a few months. It was reported on 24 March 2008, that Zardari said he was not interested in the job of Prime Minister and that Gillani would serve until 2013 in the position. Speculation that Zardari might be gunning for the premiership grew stronger when he picked the less popular Gillani over Ameen Faheem, President of the PPP. Fahmida Mirza, the newly elected Speaker of the Assembly, insisted there was no plan to replace Gillani. She added, however, that if Gillani did not do a good job, all options were open.

On 24 March 2008, Gillani was elected Prime Minister by Parliament, defeating his rival, Chaudhry Pervaiz Elahi of the PML-Q, by a score of 264 to 42. He was sworn in by Musharraf on the next day. On 29 March, he won a unanimous vote of confidence in Parliament.

On the same day, following the vote of confidence, Gillani announced his programme for the first 100 days of his administration. Some of the points he announced were:

Memo Gate Scandal and subsequent conflicts

On 10 October 2011, US-based businessman Mansoor Ijaz wrote in an opinion piece in The Financial Times that he acted as an intermediary between the Pakistani Government and US administration, with the former requesting the help of the latter to avert a military coup in wake of the unilateral US raid that killed Osama bin Laden. He said that a senior Pakistani diplomat telephoned him with an urgent request early on 9 May, exactly a week after the raid against bin Laden.

Though the Pakistani Government subsequently rejected his claims, it triggered a storm in the country’s political circles, especially between the civil government and the military. A judicial commission was subsequently appointed to investigate the matter.

Meanwhile, Army Chief General Ashfaq Parvez Kayani’s request to the apex court for an independent probe into the matter was accepted. The court rejected the government’s contention that the issue should be investigated by a parliamentary panel.

Tensions between the government and the military reached a peak after Gillani said the army and intelligence chiefs had acted in an “unconstitutional and illegal” manner by filing affidavits on the memo issue in the Supreme Court without getting the government’s approval. The military reacted within days through a strongly worded statement that said the premier’s remarks could have “grievous consequences”.

Gillani retaliated by sacking Defence Secretary Lt Gen (retired) Khalid Naeem Lodhi, a confidant of Kayani. He reiterated that the Defence Secretary was removed in accordance with the law as he had made a mistake by not following the government’s rules. He maintained that he was only answerable to the Parliament.

Disqualification petition

On 29 March 2012, a civilian resident of Johar Town Lahore, Tariq Ahmed, filed a court petition in the Lahore High Court, seeking to hear the case of disqualification of Yousaf Raza Gillani. The plea was filed in the High Court in which the petitioner took the stance that “Fauzia Gillani— spouse of Prime minister Gilani received loans of millions of rupees from the Agriculture Development Bank Ltd (ADB) and the National Bank of Pakistan for the two mega-corporation owned by the Gillani family of which Fauzia Gillani served both megacorporation’s executive director. None of the loans of millions of rupees were paid back to the banks.

The Constitution of Pakistan’s Article 63(1)(q) and Article 63(1)(F) states that “if a person even his or/her, spouse is defaulter of bank loan then he or/she is disqualified to be elected as Member of Parliament (MP). Petitioner pointed out that apart from that in the Statement of Assets and Liabilities (SAL) as of 2007 investment in shares by her spouse, ownership of inherited assets and house in in the Defence Housing Authority, Lahore (DHA Lahore), have not been declared in their SAL submission list given to the Election Commission of Pakistan. The court after hearing the petitioner has asked the Deputy Attorney General to assist the Court on next hearing date April 4, 2012.

The disqualification petition was put to rest by the ruling of the Speaker of the National Assembly Dr. Fehmida Mirza, that the petition does not hold ground.

On June 19, 2012, Supreme Court (SC) has disqualified Prime Minister Syed Yusuf Raza Gilani in its short order of the NA Speaker ruling case.

Conviction on charges of Contempt of Court

On 26 April 2012, Gillani was convicted on the charges of Contempt of Court, becoming Pakistan’s first Prime Minister to be convicted while holding office. He was sentenced to be held in custody till the rising of court, a symbolic sentence lasting 30 seconds. The verdict was a short order and the full verdict of the court (over 70 pages) had been reserved, and was handed over after few days’ time. Gillani’s lawyer Aitzaz Ahsan announced that the Prime Minister shall file an appeal against the Supreme Court’s verdict once the full verdict is handed over, despite opposition parties urgings. Meanwhile, a defiant Yousuf Raza Gilani refused to step down.

On 28 May 2012, the issue of the disqualification of the Prime Minister was put to rest after a ruling by Speaker of the National Assembly dr. Fehmida Mirza, to not to send the disqualification reference to the Election Commission of Pakistan.

Subsequently the Prime Minister and his legal team decided not to file a petition against the conviction. The Prime Minister still maintains that he acted to defend the Constitution of Pakistan, which according to the Supreme Court amounted to contempt of court.

On 24 May 2012, the ruling party directed the case to speaker of the National Assembly to review the case of Gillani, in light of the apex court’s verdict. The speaker ruled out that, despite being convict, Gillani cannot be disqualified provisions of paragraph Article 63(g) or either Article 63(h) of the Constitution. The speaker also decided not to forwarded the reference against Gillani’s disqualification to Election Commission. On 29 May, Gillani appeared in media and vigorously speaker’s decision and cited: “..(…) The National Assembly Speaker Dr. Fehmida Mirza’s ruling pertaining to the disqualification reference was final and could not be challenged…()…”. Disqualification and ouster

After Speaker’s ruling made public, the major opposition party in the parliament, the Pakistan Muslim League, and the non-elected party, the Pakistan Movement for Justice (PTI), filed two separate petition in the supreme court, challenging the National Assembly speaker Dr. Fehmida Mirza’s ruling to save Prime Minister Yousuf Raza Gilani from disqualification. The petitioners pointed out that Article 184(3) of the Constitution stands to “disqualified in light of the apex court’s verdict and that he should be barred from performing further duties as the prime minister.”.

On June 6, 2012, the Supreme Court admitted the petitions and a three-member bench was formed to be headed by Chief Justice Iftikhar Mohammad Chaudhry to hear the petitions. After hearing petitions by both sides, the notices were sent to prime minister, speaker of the national assembly, and other concerned offices to the case. The hearing of the petitions was subsequently adjourned to June 14, 2012. On June 15, Gillani’s lawyer senator Aitzaz Ahsan defended speaker’s move, and argued that “the office of speaker was no more “a post office” after the Eighteenth Amendment as it had been drastically changed; the speaker had used her “quasi judicial powers” and gave her ruling over the issue with due application of her mind…(…)…”. Ahsan maintained that the prime minister had accepted the conviction but not disqualification. On June 17, Ahsan concluded that speaker’s ruling was in accordance with parliamentary ethics and reiterated that the ruling in the contempt of court case did not refer to a disqualification of the prime minister. Mirza also submitted the written statement in which, she maintained that the court’s ruling did not order that a reference on the issue should directly be sent to the Election Commission, and has had the constitutional authority to decide over the disqualification of a member of the assembly. Her written statement was discarded by the supreme court, and reserved the final decision of Gillani’s qualification matter. At the end of the proceedings, the chief justice marked that the petitions had stated that a “convicted person” was representing the people; the prime minister represented the public and not a party. Minutes before adjourning the court, the chief justice quoted: “The fate of the people was in the hands of a man who had been convicted by the Supreme Court… (…)..”.

Finally on 19 June 2012, the Supreme Court of Pakistan ousted and further disqualified Prime Minister Gillani citing the earlier conviction on April 26, 2012. The Supreme Court in its standing orders, said that the “Gillani was ineligible to hold the Prime Minister’s office after April 26th conviction” and all orders given by him till date would stand null and void. Consequently, the Election Commission issued the government notification with regards to the disqualification of Gillani. The country’s election commission noted that, accepting the rulings of Supreme Court, Gillani was disqualified as a member of parliament with effect immediately from April 26, 2012.

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Election of the 13th President of India

Friday, June 15th, 2012

Thangai VS Annan

Article 52 states that there shall be a President of India. The executive powers of the Union shall be vested in the President. He, as the head of a state, symbolises the nation. In some democratic systems, the head of the state is also the head of the government and, therefore, he will also be the head of the political executive. The US Presidency represents this form. In Britain, the monarch is the symbolic head, representing the British nation. The powers of the Government are vested in the political office of the Prime Minister. In Indian Parliamentary democracy we have adopted the latter form. The President of India is the first citizen and represents the Indian nation and does not, therefore, belong to any particular political party. He is elected by the representatives of the people through an Electoral College.

Article 54 of the constitution says:

“The President shall be elected by the members of an electoral college consisting of -

(a) The elected members of both Houses of Parliament and

(b) The elected members of the Legislative Assemblies of the States (including National Capital Territory of Delhi and the Union Territory of Pondicherry vide the Constitution 70th amendment Act, 1992).”

Thus in the election of the President the citizens play no direct part and he is elected indirectly by the representatives or the people, like the American President but no special electoral college is elected, as in the case of America. Another point of difference that may be noted is that the election of the President of India is by the system of proportional representation, by the single transferable vote, as provided by Article 55(3) of the Constitution, while the American President is elected by the straight vote system.

Preference for Indirect Election

The process of election of the President of India is original and no other Constitution contains a similar procedure. The question was considerably debated in the Constituent Assembly. It was argued by many members that the electoral college consisting of the elected members of Central Legislature as well as those of the Legislative Assemblies of the States was not sufficiently representative of Peoples’ will. Some members, therefore, favoured the system of direct election by the people instead of an indirect round-about method, because such a system would be most democratic and it would make the President a direct choice of the nation. This was, however, not accepted. The main reasons which influenced the deliberations of the Constituent Assembly for determining indirect Presidential election are:

(1) Firstly, in a country following the Cabinet system of Government, the office of titular Chief Executive is a technical one, to the extent that its duties are largely prescribed by other authorities (usually by the Legislature), which requires specific competence for the performance of its duties from the incumbent. Very few voters can be competent to judge wisely of the technical abilities of the candidates for any particular office of this type, having specific, limited and defined functions.

(2) Secondly, if the direct election of the President were adopted, the Presidential candidate who has to carry on an election campaign from one corner of the country to another will certainly be put up by some party or the other, which may cause political excitement and generate party feelings. Thus the man elected to the Presidential office through this means will never be able to forget his party affiliations. So the ideal of getting a non-party man outside the turmoil of party passions and reasonably respected by all factions to assume the role of the head of the State will be defeated. Further, as India is almost a sub-continent with crores of enfranchised citizens, it would be impossible to provide an electoral machinery for the purpose of smooth and successful Presidential election.

(3) Lastly, a directly elected Chief Executive may not be content with his position of a mere constitutional head and can claim to derive his authority directly from the people. So, if he wanted to assume real power, it would lead to a constitutional deadlock and an inevitable clash with the Cabinet or real executive. This would definitely produce a confusion of responsibility.

Such a contingency had happened when under the French Constitution of 1848 the President of the French Republic, Louis Napoleon, was elected by the direct vote of the people, and by exploiting this system, he had overthrown the Republic to establish the empire with himself as emperor. To prevent the recurrence of such a contingency, the French people in their later constitutions discredited and abandoned the system of electing the head of State by the direct vote of the people.

Middle Course

A middle course was chosen by the framers of the Indian Constitution in order to make the Presidential office more broad-based. The electoral college for Presidential election has been expanded so as to include the elected members of the State Assemblies all over India, which means that the President is chosen by the nation as a whole, indirectly, through the elected representatives of the people and is thus not the representative of a particular constituency but of the nation. Through this device he is also not necessarily to be a man of the majority party in Parliament. This has also the additional advantage of investing the President with greater moral independence and authority which would have not been possible, had he been a man virtually elected by the majority party in Parliament.

This indirect election of the President of India takes place with the participation of both directly elected members of Lok Sabha and Legislative Assemblies, and indirectly-elected members of Rajya Sabha. Each citizen of India is represented in Parliament and the State Legislative Assembly, because, the members of Lok Sabha and MLAs are elected on the basis of universal adult suffrage. The members nominated by the President have no right to vote in this election. Similarly, the members of the Legislative Councils of the State Legislatures, wherever they exist, have also been excluded from the Electoral College.

Some Pertinent Questions

The Presidential election is not free from difficulties. Election of the President can be held even if some seats in the Electoral College are vacant. Such election cannot be called in question on the ground of any vacancy existing for whatever reasons, among the members of the Electoral College electing a person either as President or Vice-President. Further, a President in office can change the composition of the Electoral College by dissolving one or more hostile Legislative Assemblies under Article 172(1) or 174(26) or under 356(1) of the Constitution of India.

Under such circumstances how can there by uniformity in the scale of representation? Is it under “as far as practicable?” Article 71(4), therefore, may be construed as repugnant to the purposes embodied in Article 55(4). Further, Article 55 is conspicuously silent on whether there will be representation of all or each State in the Presidential election, although there is vacancy in the electoral College. It only provides for “the different States.” Since there is no guarantee to ensure non-vacancy in the Presidential Electoral College, the phrase, “the elected members of Legislative Assemblies of States” means only those who are actually in office at the time of Presidential Election.

The elected members of a suspended Assembly are entitled to take part in the Presidential election. For example, the MLAs of Rajasthan participated in the Presidential Election in 1967 though the Assembly was kept under suspended animation under Article 356(1) (c) of the Constitution.

So also the MLAs of Bihar had cast their votes in the Presidential Election of 1969. But holding of election at a time when the House of the People stands dissolved could be simply a dangerous practice. In view of these possible mischiefs, neither the Constitution nor the Eleventh Amendment provided for any remedy against creation of calculated or premeditated vacancies in the Electoral College.

The framers of the Constitution have not provided against election of the President by a lame-duck Electoral College. It is generally expected that a newly-elected Electoral College will elect the President but the new Electoral College might not have come into existence when the Presidential Election is due or the term of the House of People is extended under Article 83(2) of the Constitution. If the term of the House is extended, the President may be elected by the lame-duck Electoral College. Under Article 56(1)(c), the President continues in office until his successor enters upon the office. It can neither be extended nor postponed under normal circumstances.

The Presidential election must be held before the expiration of his term of office. The Election Commission shall issue the notification on or as soon as conveniently may be, after, the sixtieth day before the expiration of the term of office of the out-going President or Vice-President, as the case may be. The election of the President must be completed within the time fixed by Article 62(1). Thus, the time limit is mandatory.

In case of death, resignation or removal by impeachment, the election of the President by the lame-duck Electoral College is imperative. There is scope for the exercise of discretion by the Election commission of India in favour of the party in power by completing the election by the lame-duck Electoral College within the prescribed period of sixty days. But there should be a categorical provision in the constitution prohibiting such Presidential election by the Electoral College.

However, the architects of the constitution intended an extensive electoral college as a necessary institutional prerequisite for their own conception of the office. The Presidential constituency is wider than the constituencies meant for electing the members of the Union Parliament. It also does not embrace the entire national electorate. Consequently, the incumbent does not remain responsible to the Union Parliament alone. Being indirectly elected, the President is not likely to develop political ambitions so as to provide alternate political leadership. The nature of composition of the Presidential Electoral College has made him the golden thread of Federal relationship. In the context of the recently-emerging federal trends of the Indian constitutional system and the radical changes in the political scene after 1967, the Presidential office is pregnant with possibilities of far-reaching consequences and even as the actual balancing-wheel of our federal polity.

Procedure for the Election of the President

The Constitution provides for the election of the President by the system of proportional representation by means of the single transferable vote. The Constitution also provides for weighting of votes in the election of the President based on two fundamental principles. First, to secure as far as possible, uniformity in the scale of representation of different States of the Union, which emphasises the similarity in the status of the States of the Union. And secondly, to secure parity between the States as a whole and the Union in order to work up the idea of federal compact. For the purpose of securing such uniformity and parity the following method is laid down. this method makes the Presidential election complicated.

In order to secure uniformity in the scale of representation of the different States it is provided that every elected member of the Legislative Assembly (Vidhan Sabha) of a State has to cast as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of the State by the total number of elected members of the Assembly, and if, after taking the said multiples of one thousand, the remainder is not less than five hundred, the votes of each member referred to above are further increased by one. To put it in simpler words, each member of the electoral college who is a member of a State Legislative Assembly will have a number of votes calculated as follows:

Total Population of the State

————————————————————————- Divided by 1000

Total number of elected members in the Legislative Assembly.

Fractions exceeding one half being counted as one.

The following illustrations explain the method of calculation:

(i) “The population of Andhra Pradesh is 43,502,708. Let us take the total number of elected members in the Legislative Assembly of Andhra Pradesh to be 294. To obtain the number of votes which each such elected member will be entitled to cast at the election of the President we have first to divide 43,502,708 (which is the population) by 294 (which is the total number of elected members), and then to divide the quotient by 1,000. In this case the quotient is 147,968.3945. The number of votes which each such member will be entitled to cast would be 147,968.3945/1000 i.e. 148.

(ii) Again, the population of Punjab is 1,35,51,060. Let us take the total number of elected members of the Legislature of Punjab to be 117. Now applying the aforesaid process, if we divide 1,35,51,060 (i.e. the population) by 117 (i.e. the total number of elected members), the quotient is 115821.0256. Therefore, the number of votes which each member of the Punjab Legislature would be entitled to cast is 115,821.0256/1000 i.e. 116.

Each elected member of either House of Parliament shall have such number of votes as may be obtained by dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under sub-clauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions exceeding one-half being counted as one and other fractions being disregarded.

Total number of votes assigned to the elected members of the State Assemblies

———————————————————————————————–

Total number of elected members of both Houses of the Parliament

Fractions exceeding one-half being counted as one.

For the Presidential election, the population of a State is taken to be the population at the last preceding census.

Proportional Representation

Article 55(3) of Indian Constitution requires that the President should be elected in accordance with the system of proportional representation by means of the single transferable vote.

The underlying principle of proportional representation is to prevent the exclusion of minorities from the benefits of the State, and to give each minority group an effective share in the political life. The aim of proportional representation is to give every division of opinion among electors corresponding representation in national or local assemblies. In the ordinary mode of election known as “straight voting system”, what happens is that a candidate getting the support of the numerically largest group is elected, although the combined strength of all other candidates representing different other parties may far out-number his supporters. The result is that the elected candidate cannot be said to represent the opinion of the majority of the electorate as a whole. The following illustrations will amply reveal this fact.

In Nandigram South (Midnapore) constituency of the West Bengal State, the following is the ledger of polling:

P.C. Jena (Congress) 15,320

Bhupal Panda (Communist Party) 14,926

I.C. Mahapatra (Jan Sangh) 5,204

K.L. Bera (KMPP) 3,184

38,634

It may be noticed that though 23,314 people voted against the Congress and only 15,320 in favour of it, yet the seat went to Congress.

This kind of anomaly is sought to be avoided by the system of Proportional Representation, and it is claimed that if this system is practised all the parties or shades of political opinion amongst the electorate will secure the number of seats in the elected body according to their respective strength amongst the electorate.

How the Single Transferable Vote System Works

The best known form of Proportional Representation is that of the “Single Transferable Vote”, which means that each elector has only one vote, irrespective of the number of seats to be filled up. For instance, if there are six seats to be filled up, the elector does not cast six votes but indicates six successive preferences, by marking his first preference and the succeeding preferences with the appropriate numerals against the name of candidates printed on his ballot paper.

Quota of Votes

In the ordinary straight voting system a candidate who secures the highest number of votes is declared elected, while under the Proportional Representation system any member who secures the necessary quota of votes is declared elected. There are several ways of finding out the quota, but the most common method is to divide the total number of valid votes cast by the total number of seats in the constituency plus one and add one to the quotient. The formula may be represented as follows:

Total number of valid votes cast

Quota = ———————————————————– +1

Total number of seats to be filled +1

Supposing there are 100 valid voting papers and four seats are to be filled up. In order, therefore, to determine the quota 100 is divided by 4 plus 1, i.e. 5 and the quotient arrived at, namely 20, is increased by one so that the quota is 21. After the quota is fixed, any candidate whose total number of first preference votes is equal to or exceeds the quota is forthwith declared elected.

Distribution of Surplus Votes

Each successful candidate’s surplus votes of first preferences which are now of no use to him, are transferred to other candidates proportionately to the second preferences indicated on the whole of his papers (except that the second preferences shown for any other candidate already elected are ignored and the third preferences on those papers taken instead). The point is that every vote shall be made effective and not allowed to go waste, while under the ordinary system of representation, the votes of many electors are of no use.

Elimination of the Bottom Candidate

If all the seats are filled upon this second count, the election is completed. But if all the required number of candidates do not reach the quota by the distribution of surplus first preferences votes of the candidates who have received more than the quota, the process is reversed by dropping out the candidate who has the least number of first preferences. The whole of his votes are transferred to the other not yet elected candidates in accordance with the next available preferences shown on his papers (next available means next excluding candidates already elected). If this does not suffice to fill the remaining seat or seats, the process is repeated by the exclusion of the candidate now at the bottom of polls and the transfer of his votes as a whole in accordance with the next available preferences shown on his papers. Eventually in this way all seats are filled.

Irrespective of the fact that a number of seats may have to be filled, this system postulates one vote for each voter with the reservation that this single vote is transferred to other candidates. This is the reason why this system is known as “single transferable vote system.”

The question of proportional representation in one sense can arise only in a multiple-member constituency when there are several seats to be filled up. In that case, the surplus votes are transferred to or distributed amongst the different candidates in order to get the number of members required to be elected, according to the procedure indicated above. Under the Constitution of India members of the Upper House of Parliament and of the State Legislature are elected according to the above formula.

How Proportional Representation Works in the Election of the Indian President

In the case of the election of the President and the Vice-President there is, however, only one member to be elected. In this case, the Government of India has, nevertheless, prescribed the manner in which the proportional representation is to work. The method prescribed is generally known as the “alternative vote” in a single-member constituency. The following illustration would explain it more fully.

The total number of valid votes is 15,000 and there are four candidates, A,B,C,D. Suppose, they have polled votes as follows:

A ….. ….. ….. ….. 5,250

B ….. ….. ….. ….. 4,800

C ….. ….. ….. ….. 2,700

D ….. ….. ….. ….. 2,250

In the ordinary system of election by simple majority vote, A would be elected forthwith since a voter in this system marks only one preference and as such no question of counting any further preferences, say the second or the third, arises. In the case of the “alternative vote system” it is, however, not so, as it may be that the second best candidate may be declared elected, as against the candidate who might have secured the majority of first preference votes. In the illustration mentioned above the quota will be -

15,000

——– +1 = 7501

1 + 1

No candidate who secures less than 7,501 votes can, in this case of election through the system of proportional representation, be elected. It thus follows that if a candidate is able to secure 7,501 or more first preference votes in his favour, he is immediately declared elected and there does not remain any need to take a second or subsequent count. But if, as in the given case, no candidate has secured this quota, the subsequent preferences have to be counted, until a candidate securing the prescribed limit of votes is found out. The Presidential and Vice-Presidential Election Rules 1952 prescribes the procedure for counting up the subsequent preferences as follows:

“- If at the end of the first or any subsequent count, the total number of votes credited to any candidate is equal to, or greater than, the quota, or there is any one continuing candidate, that candidate is declared elected.

- If at the end of any count, no candidate can be declared elected -

(a) exclude the candidate who upto that stage has been credited with the lowest number of votes;

(b) examine all the ballot papers in his parcel and sub-parcels, arrange the unexhausted papers in sub-parcels according to the next available preferences recorded thereon for the continuing candidates; count the number of votes in each such sub-parcel and credit it to the candidate for whom such preference is recorded; transfer the sub-parcel of all the exhausted papers; and

(c) see whether any of the continuing candidates has, after such transfer and credit, secured the quota. If, when a candidate has to be excluded under clause (a) above, two or more candidates have been credited with the same number of votes and stand lowest on the poll, exclude that candidate who has secured the lowest number of first preferences votes, and if that number also was the same in the case of two or more candidates, decide by lot which of them shall be excluded.

All sub-parcels of exhausted papers referred to in clause (b) above, shall be set apart as finally dealt with and the votes recorded thereon shall not thereafter be taken into account.”

It would, therefore, be seen that in case where no member has obtained the quota votes fixed for election, the prescribed method of transfer of votes follows a process of elimination of the candidate who is at the lowest rung in the order of polling according to the first preference and so on, till at last such a candidate is found who has obtained the quota of votes or if there is no such candidate, all candidates except one are, one after the other, eliminated from the field. The candidate who survives the process of elimination is in such a case returned as the President or Vice-President, as the case may be.

An application of this process to the illustration given above would reveal that D will be the first to be eliminated, and the second preferences recorded in the 2,250 ballot papers on which he has obtained the first preference will be transferred to the remaining candidates, namely A, B, and C. Supposing in these 2250 ballot papers the second preferences are recorded as follows:-

In favour of A ….. ….. 300

B ….. ….. 1050

C ….. ….. 900

These will be transferred and added to the first preferences in favour of A, B and C as follows:-

A ….. 5,250 + 300 = 5,550

B ….. 4,800 + 1050 = 5,850

C ….. 2,700 + 900 = 3,600

Now in the second count, therefore, C having obtained the last number of votes is eliminated and 3,600 votes secured by him are once again transferred to A and B in the order of third preferences recorded thereon. Suppose the third preferences on the 3,600 ballot papers recorded in favour of A and B are 1700 and 1900 respectively the result of this second transfer would then be as under:

A ….. 5,550 + 1,700 = 7,250

B ….. 5,850 + 1,900 = 7,750

B having, therefore, in this case secured the quota of votes is elected and it is no longer necessary to count the fourth preference. The illustration thus shows that although B had secured lesser number of first preferences votes as compared to A, yet B is elected by virtue of the second preferences obtained by him. This apparently anomalous result is justified on the reasoning that if the views of the electors are assessed through the doctrine of proportional representation it is clearly revealed that B is preferred and supported by a numerically larger number of electors than A and as such he is the one elected by a majority.

The present system of election for the President has been adopted under the Constitution of India, in order to maintain the neutrality of the head of State, which both the ceremonial functions in any federation and the specific powers under a parliamentary system demand and also to render it acceptable to as wide a body of opinion as possible. But it should be remembered that the presidential office can be kept above political turmoils only if the majority party at the Centre willingly consults minority parties also before a nomination is announced. This is desirable because, despite the provision that for the election of the President the votes of the members of Parliament be equal to those of the Assemblies of all the States taken together, the possibility cannot be set aside that State Legislatures may at any time be dominated by parties other than the party in power at the Centre and in such a case they might be able to defeat a nominee of the majority party at the Centre.

Official candidates for the 12th President

On 14 June, 2007, Pratibha Patil, the Governor of the state of Rajasthan, was declared by UPA as its candidate for the election. The Left and other allies of the United Progressive Alliance (UPA) such as Bahujan Samaj Party (BSP) and Dravida Munnetra Kazhagam (DMK) announced their support on Patil’s candidature. Shiv Sena, an ally of the National Democratic Alliance (NDA) also supported Patil’s candidature. The move came as a surprise as Patil’s name was not mentioned among the probables by UPA so far.

Supported unofficially by the NDA, the then Vice President, Bhairon Singh Shekhawat filed his nomination as an independent candidate on 25 June 2007.

People who were considered

Amidst much speculation by various party leaders and media, a lot of names were tossed around as being probable or desired persons for holding the post. The incumbent Dr A.P.J. Abdul Kalamwas not favored by many, especially the Left parties, to receive a renewed mandate.

Initially Shivraj Patil and Pranab Mukherjee (both sitting cabinet ministers) emerged as the frontrunners for the candidature. Other names which did the rounds in the UPA camp include Sushil Kumar Shinde and Karan Singh. Pranab Mukherjee was stated to be too critical at his current responsibility to stand for the Presidential elections and the Left parties opposed the candidature of Shivaraj Patil, Susil Kumar Shinde and Karan Singh.

On the other hand, the NDA stated that it would support Bhairon Singh Shekhawat , in case he decides to contest as an independent candidate.

Other probables such as N.R. Narayana Murthy who received significant media hype did not appear to have gathered any support from any of the sides. Atal Bihari Vaipayee, a former prime minister who would have been NDA’s probable candidate denied his desire to become the next president.

On 18 June, a set of parties with allegiance neither to UPA or NDA—All India Anna Dravida Munnetra Kazhagam (AIADMK), Telugu Desam Party (TDP) and Samajwadi Party (SP)—formed an alliance called the United National Progressive Alliance and announced their support for a second term for the incumbent, Abdul Kalam. On 20 June a delegation of United National Progressive Alliance (UNPA) met Dr. Kalam with a request to contest the presidential elections, to which he replied that he is willing to contest only if there is a certainty of winning and that he is willing to wait for a few days for this certainty. However, he soon announced he would not run.

On 14 July 2007, J. Jayalalitha announced that the UNPA unanimously decided to abstain from the presidential polls. However, the Election Commission of India held that the UNPA cannot ask its legislators to abstain from voting, quoting Article 171 C of the Constitution.

Elections for India’s 13th president will be held on 19 July, 2012

13th Presidential candidates have a deadline of 30 June, 2012 by which to file their nominations, and the results will be announced on 22 July, 2012.

Finance Minister Pranab Mukherjee was chosen by the ruling UPA as its candidate for the President’s post on 15th June, 2012, ending months of speculation.

The nomination of 77-year-old Congress veteran from West Bengal was made at a meeting of the UPA chaired by its Chairperson and Congress president Sonia Gandhi.

Detailed Profile: Shri Pranab Mukherjee

Name Shri Pranab Mukherjee
Constituency from which I am elected Jangipur
Father’s Name Late Shri Kamada Kinkar Mukherjee
Mother’s Name Late Smt. Rajlakshmi Mukherjee
Date of Birth 11 Dec 1935
Birth Place Vill.Mirati, Kirnahar, Distt. Birbhum (West Bengal)
Maritial Status Married
Date of Marriage 13 Jul 1957
Spouse Name Smt. Suvra Mukherjee
No. of Children No.of Sons:2   No.of Daughters:1
State Name West Bengal
Party Name Indian National Congress
Permanent Address Flat No. 2-A, First Floor,60/2/7, Kavi Bharti Sarani, Lake Road, Kolkata – 700 029 West BengalTel. (033) 24648366
Present Address 13, Talkatora Road,New Delhi – 110 001Tels. (011) 23737623, 23737657 (R), 23092810, 23092510 (O), Fax. (011) 23737658 (R), 23093289 (O)
Email id pkm[at]sansad[dot]nic[dot]in
Educational Qualifications M.A. (History), M.A. (Political Science), LL.B., D. Litt. (Honoris Causa) Educated at Vidyasagar College, Suri, Calcutta University, West Bengal
Profession Political and Social Worker, Teacher, Journalist, Writer
Positions Held
July 1969 Elected to Rajya Sabha
Jan. 1973-Jan. 1974 Union Deputy Minister, Industrial Development
Jan. 1974-Oct. 1974 Union Deputy Minister, Shipping and Transport
Oct. 1974-Dec. 1975 Union Minister of State, Finance
July 1975 Re-elected to Rajya Sabha (2nd term)
Dec. 1975-Mar. 1977 Union Minister, Revenue and Banking (Independent Charge)
1978 -1980 Deputy Leader, Congress Party, Rajya Sabha
27 Jan. 1978 – 18 Jan Member, Congress Working Committee (INC)
1978 – 1979 Treasurer, All India Congress Committee
Treasurer, Congress (I) Party in Parliament
1978 – 1986 Member, Central Parliamentary Board, AICC
Jan. 1980-Jan. 1982 Union Minister, Commerce and Steel and Mines
1980 -1985 Leader of the House, Rajya Sabha
Aug. 1981 Re-elected to Rajya Sabha (3rd term)
Jan. 1982-Dec. 1984 Union Cabinet Minister, Finance with additional charge of Ministry of Commerce and Supply
1984-1991,1996 and 1 Chairman, Campaign Committee of AICC for Conducting National Election to Parliament
1987 – 1989 Chairman, Economic Advisory Cell, AICC
June 1991-May 1996 Deputy Chairman, Planning Commission
Jan. 1993-Feb. 1995 Union Cabinet Minister, Commerce
1993 Re-elected to Rajya Sabha (4th term)
Feb. 1995-May 1996 Union Cabinet Minister, External Affairs
1996 – 2003 Member, Business Advisory Committee, Rajya Sabha
1996 -2004 Member, Committee on Privileges, Rajya Sabha
Member, Committee on Rules, Rajya Sabha
1996 -1999 Member, Consultative Committee for External Affairs
1997 Chairman, Departmentally related Parliamentary Standing Committee on Science & Technology, Environment & Forest
1999 Re-elected to Rajya Sabha (5th term)
28 June 1999 onwards Chairman, Central Election Coordination Committee, AICC
10 Aug.1997 till dat Member, Congress Working Committee( INC)
1998 – 1999 General Secretary, AICC
June 1998 – May 2004 Chairman, Departmentally related Parliamentary Standing Committee on Home Affairs
Aug. 2000 till date President, West Bengal Pradesh Congress Committee
12 Dec. 2001 onwards Member, Central Election Committee, AICC
13 May 2004 Elected to 14th Lok Sabha
23 May 2004 – 24 Oct Union Cabinet Minister, Defence
25 May 2004 Leader of the House, Lok Sabha
25 Oct. 2006-23 May Union Cabinet Minister, External Affairs
24 Jan. 2009 – 23 Ma Ministry of Finance (additional charge)
20 May 2009 Re-elected to 15th Lok Sabha (2nd term)
26 May 2009 Leader of the House, Lok Sabha
23 May 2009 onwards Union Cabinet Minister, Finance
Social and Cultural Activities President, Nikhil Bharat Banga Sahitya Sammelan, 1995-2001 and Rabindra Bharati Society; Chairman (i) Nikhil Bharat Sahitya Sammelan since 2004;(ii) Council of Indian Statistical Institute since 2006; and (iii) Planning Board, Asiatic Society, Kolkata, 1984-1986, 1992-1996 and 2004-2009; Trustee (i) Bangiya Sahitya Parishad, 1984-1990; and (ii) Bidhan Memorial Trust, Kolkata since 1998.
Favourite Pastimes and Recreation Reading, gardening and music especially Rabindra Sangeet
Countries Visited Widely travelled
Other Information International Organizations: (i) Board of Governors (a)International Monetary Fund 1982 -1985; (b) World Bank, 1982 – 1985; (c) Asian Development Bank, 1982 -1985; (d) African Development Bank, 1982 -1985; (e) Member, Boards of governance since May 2009; (ii) Chairman, Group 24 Ministerial Group attached to IMF and World Bank, 1984; (iii) Presided over SAARC Council of Ministers Conference, May 1995; November 1995; 2006 and 2007 Leader of Indian delegations to: (i) Colombo Plan Finance Ministers` Conference, Singapore, 1975 and Colombo, 1976; (ii) Commonwealth Finance Ministers` Conference, 1982, 1983 and 1984; (iii) Annual General Meeting of World Bank and IMF, 1982, 1983 and 1984; (iv) Annual General Meeting of Asian Development Bank, 1982, 1983 and 1984; (v) Ministerial Conference of WTO, Marrakesh, 1994; (vi) UN General Assembly, 1994, 1995, 2005 and 2006; (vii) Social Summit, Copenhagen, 1995; (viii) 40th Anniversary of Asian Conference, Bandung, 1995; (ix) Non-Aligned Foreign Ministers Conference, Carte-Ghana, 1995; (x) Conference of Commonwealth Heads of Governments (CHOGAM), Auckland 1996Honours and Distinctions conferred:i)Rated as one of the best five Finance Ministers of the world, 1984 according to a survey of Euro Money, a journal published from New York; (ii)Conferred Best Parliamentarian Award, 1997; (iii) Awarded Padma Vibhushan, 2007. (iv) The London based magazine `Emerging Markets` has named Shri Pranab Mukherjee“Finance Minister of the Year for Asia 2010“. His leadership in the Ministry of Finance and other Economic Ministries was well acclaimed, nationally and internationally. He was considered as the key figure in formulating economic policies of the nation for a long period. Under his stewardship India earned the distinction of not withdrawing the last installment of IMF loan to the extent of US$1.1 billion. He was considered top ranking Minister and presided over the Cabinet meetings of the Union in the absence of the Prime Minister during 1980-1985.

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