20. Whether the out-going or the newly elected members of Assemblies should select the Presidential candidates—If the system of selection of Presidential candidates in the manner provided by the Constitution is retained, we would recommend that the selection should be made by the newly elected members of the three Assemblies and not by the out-going members thereof. The reason for this is to obvious to be stated at length. Suffice it so say that at a time when nomination of Presidential candidates will fall due the representative character of the out-going members of the Assemblies will be almost lost because of the impending expiration of the term of the Assembles. At least, the out-going members may not then have as much as that of the newly-elected members. If the recommendation for selection of Presidential candidates by the newly elected members of Assemblies is accepted, it may be necessary to extend the term of office of President by about two months for enabling the Election Commission to complete the Presidential election within the period of 120 days mentioned in Article 162 (2) of the Constitution.
21. The procedure of ballot for selection of Presidential candidates-The Constitution itself does not prescribe the procedure of ballot for selection of Presidential candidates by the members of the three Assemblies sitting jointly for the purpose. The number of candidates for the office of President being restricted to three, a ballot shall be necessary if more than three persons file nominations for that office, In case of a ballot, there may be adopted either plural-voting or single voting system. In the first case, each Assembly member may cast three votes-one for each the three candidates of his choice. In the second case, each Assembly member may cast only one vote in favor of one of the candidates of his choice. In either case, those three candidates who secure the first place as respects the number of votes polled would be declared eligible candidates for the office of President. Of these two systems of voting the first one, i.e. the system of plural- voting is wholly undesirable in as much as under this system the majority groups in three Assemblies may combine thereby get all the three candidates selected according to their choice, leaving no chance to the minority groups in the Assemblies to secure the selection of any of their nominees. If the majority groups belong to the same political party, as is usually the case, it is almost certain that none of the nominees of the minority groups will be selected. In the single-voting system, however, both the majority and minority groups may be able to secure the selection of their nominees in spite of wide difference in the number of votes polled by them. As the single-voting system will offer fair opportunity to both the majority and minority groups in the Assemblies, we recommend that in the matter of selection of Presidential candidates each Assembly members should have only one vote to be cast in favor of the candidate of his choice.
22. Time for selection of Presidential candidates-The time for Selection of Presidential candidates is pertinent in the indirect system of election. If the President is elected indirectly through an electoral college, it shall be necessary to hold election at two stages. At the first stage, the primary voters will elect the secondary voters who, at the second stage, will elect the President. Thus, the secondary voters drive their authority from the primary ones. It is, therefore, desirable that the primary voters with whose authority the President is really elected and whom the elected President will really represent should know the names of the Presidential candidates at the time of the primary
