TJP Turkish Journal of Politics Vol. 4 No. 2 Winter 2013
From the Declaration of the Republic to
Present Presidential Election Methods in
Turkey
Engin Şahin
Fatih University, esahin@fatih.edu.tr
Abstract
In this article, president election methods since Republic until present in Turkey are explained.
The candidacy and number of quorum in elections and authority to elect of whom or which organ
according to 1921, 1924, 1961 and 1982 Constitutions are some subjects that are focused on. In
particular, constitutional amendments which were made after the 367 decision of Constitutional
Court in 2007 and the details of President Elections that for the first time the citizens will choose
the President in 2014 are analyzed.
Keywords
Presidential Election, Constitution, Constitutional Court, “367 Judgment”, House Regulations, the Law No. 6271.
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TJP Turkish Journal of Politics Vol. 4 No. 2 Winter 2013
Introduction
Presidential Election before the
1982 Constitution
In Turkey, the Republic was declared on
29 October 1923 and Mustafa Kemal was
elected as the first president. From this date
to the transition to multi-party Life in 1950,
Presidential elections were made in a usual
and calm atmosphere. Especially, the presence of the charismatic leaders and the Constitutions of 1921 and 1924 which did not
authorize the President as much as it does
today are the main reasons of this stability.
With the 1961 Constitution, Presidential
Elections have been a political crisis and it
came to its climax during the 11th Presidential Election in 2007. When there were even
about 6 months to the end of 10th President
Ahmet Necdet Sezer’s term of office, the
spokesmen of both ruling and opposition
parties, academicians, journalists and intelligentsia gave their opinions according to
the Presidential election and heated up the
debate. As a result, the Constitutional Court
ended the debate with “367 judgment”.
The purpose of this article is to tell the
Presidential election methods from the declaration of the Republic to present and to set
light to the events occurring in 2007 more
than theoretically analyzing the duties and
the authority and also the place of Presidency in political system in Turkey. Thus, the
article was formed in two main headings. In
the first main heading, Presidential election
methods before 1982 Constitution and in
the second main heading, the Presidential
Election methods under the 1982 Constitution through the difference before and after
2007 are going to be told. It is also going to
be tried to explain Presidential Election Law
provisions numbered 6271 and dated 19
January 2012 that issues Presidential election method which gives the right to public
to elect the President for the first time in
Turkey in 2014.
88
Before the 1982 Constitution there were
three constitutions valid in Turkey. Each of
these constitutions issued Presidential election method in its provisions. Now we will
examine the Presidential elections which
started with the foundation of the Republic
respectively.
Presidential Election in the 1921
Constitution
The first constitution of the Turkey was
the constitution dated 20 January 1921.
This constitution was prepared and accepted by the first Grand National Assembly1
which was formed in Ankara before the declaration of Turkey as a republic.2 Because it
was prepared before the declaration of the
1 An explanation is needed on the point of Assembly’s name. Firstly, we need to say that the adjective of
“Grand” in the name of the new Assembly in Ankara was
not given by any law. The Assembly used adjective of
“Grand” in its 23 April 1920 dated no:1 decision about
“TGNA’s Organization Copy”. For instance, Mustafa
Kemal used Exalted Assembly expression in his proposal on 23 April 1920. It is possible to come across Grand
National Assembly Chairmanship titles in the first proposals of the Assembly. Besides, in some other proposals National Assembly term was used as well. Ultimately, Second Speaker of Assembly Mr. Celaleddin Arif said
“The name of Exalted Assembly was accepted as Grand
National Assembly by venerable Committee and we also
accepted as Grand National Assembly”. Turkish Grand
National Assembly term was first used in the first article of Law of Deeming 23 April National Holiday which
was the opening date of Assembly (Tunaya 2009, 2990). Tanör does not agree on this idea and says that the
name of Turkey is used in Law of TGNA’s Organization
Copy in the first session of the Assembly as we mentioned above (Tanör 2011, 233).
2 Ergun Özbudun considers the first period of
TGNA (23.04.1920-11.08.1923) as the most interesting
period of Turkish political history. Thus, in this period
“laid a foundation of modern Turkish state and extremely significant decisions were taken in terms of Turkish
public law” (Özbudun 2008, 1).
TJP Turkish Journal of Politics Vol. 4 No. 2 Winter 2013
Republic, there was not a provision about
the President in its provisions. With the
Constitutional amendment which declared
the Republic in 29 October 1923, Presidency
was established and the Presidential election started.
After the Constitutional amendment
made with the numbered 364 Law of the
Amendment for Explaining Some Articles
of Organic Law (Teşkilati Esasiye Kanunun
Bazı Mevaddının Tavzihan Tadiline Dair Kanun), Article 10 of the 1921 Constitution
included the Presidential election (Kili and
Gözübüyük 2006, 119-120). This article
changed into this form “Turkish President
is elected by the Turkish Grand National
Assembly (TGNA) aggregate, among its own
members for an electoral period. The term of
office continues until the election of the new
president. Re-election is possible” (tbmm.
gov.tr, 2013). From this article, five criterions can be deduced according to the Presidential election:
(1) Only TGNA members can be elected
as a President
(2) The President is elected by TGNA
(3) The President’s term of office is the
same with TGNA’s.
(4) Until the election of a new President,
the President’s term of office continues
(5) To be elected more than one is possible.
These criterions were clearly indicated
in the 1921 Constitution. Besides them,
because it is stated that the term of office
of the Presidents is the same with TGNA’s,
it can be said that the term of office was 2
years. For in article 5th of the 1921 Constitution there was a provision that “Turkish
Grand National Assembly is elected every
other year”.3 On the other hand, since the
Presidents are only elected among TGNA
members, the qualifications to be an MP
(deputy) are essential to the President. The
matter that who would be the member of
the new Grand National Assembly was an
unexampled situation in the world; because,
the new assembly was formed by two elections. The first election was Ottoman Assembly (Meclis-i Mebusan), held on December 1919 and the second election was the
election to form the assembly in Ankara
(Tunaya 1958,230). The first meeting of
the Grand National Assembly was held on
23 April 1920 and 115 MPs participated in
this meeting.4 In the election held in 1920
to form the First Grand National Assembly,
the provisions of the election of MPs Act”
which was enacted in first Constitutional Period was implemented. In terms of this act,
elections were held in two stages and with a
simple majority system. In this two staged
elections, the men of full age who had the
right to vote elected the secondary voters
who were called Constituent (müntehib-i sani)
and these secondary voters elected the MPs
called deputy (saylav). This system was used
in the general elections of 1923, 1927, 1931,
1935 and 1939 (Fidan 2010,207).5 Therefore, the other condition of being elected
as a President was to be a man under the
1921 Constitution. Moreover, there were
no provisions about the procedure of voting
(open or secret ballot) and about quorum to
3 Anticipating the President’s term as two years
paved the way debates in the TGNA. Mr. Emin, independent deputy of Eskişehir, objected to term of two
years with the idea of bringing “concern and fuss”. He
also offered the term of President as four years (Özdemir
1994, 31).
4 According to Akyol, the opening of first TGNA
was unprecedented Islamic Ceremony (Akyol 2012,18).
5 On 5 December 1934 constitutional amendment
was executed with law no:2599 and the right to vote
was given to males and females who turn 22 and the
right to stand for election was given to males and females who turn 30.
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TJP Turkish Journal of Politics Vol. 4 No. 2 Winter 2013
be elected in this Constitution. Under the
1921 Constitution there was not a quorum
for meetings for TGNA, because it came to
an agreement that the Assembly was always
in sessions.6 The text, which this provision
might be in, could possibly be the House
Regulations. In the years when the Turkish
State was founded the House Regulations
that TGNA used was the one which was accepted on 1 May 1293 (13 May 1877) and it
was the mostly changed form of the House
Regulations of the Committee of MPs in 1914
(İba 2009, 521-522 and 653-719). After the
opening of TGNA, the Assembly’s judgment
numbered 7 was the implementation of the
House Regulations with some changes. This
judgment did not designate which articles
would change but on 6 June 1920 the article
about taking an oath was changed; on 8 July
1920 it was decided that commissions would
be formed in accordance with the House
Regulations and on 12 February 1923 the
start of the legislative session was taken to
March. After the declaration of the Republic
on 29 October 1923, there appeared a need
for new House Regulations and the workings
that started on 19 November 1924 could be
ended up on 2 May 1927 by the adaptation
of the new House Regulations (İba 2009,
441).
Since in the 1920s when heavily modified form of the House Regulations of the Committee of MPs was being applied, there was
not presidency, there was not a provision
about the Presidential election in the house
regulations. The first President of Turkey
Mustafa Kemal was elected with unanimity
of votes of 158 MPs. This election was the
only Presidential election under the 1921
6 “General Assembly of the Grand National Assembly convenes of its own accord on the first day of
November. (Büyük Millet Meclisi’nin Heyet-i Umumiyesi teşrinisani iptidasında davetsiz ictima eder) (1921
Constitution art.6).
90
Constitution.
Presidential election under the
1924 Constitution
The second constitution in Turkey is the
one dated 20 April 1924. According to the
provisions of the 1921 Constitution TGNA
which was assumed to serve for 2 years decided to hold an election and the new elected
TGNA started working on 11 August 1923.
One of the first practices of the new Assembly was to prepare a new constitution. The
presentation of the 1924 Constitution to
the Assembly was 9 March 1924 and it was
accepted on 20 April 1924.7
In the negotiations of the 1924 Constitution in the Assembly, the Presidential
elections and the qualifications of the President were discussed under 4 headings:
(1) Candidacy out of the Assembly
(2) The term of office of the President (7
or 4 years)
(3) The expiration or being expired of the
term of office of the President
(4) If the person elected as the President
was going to keep his deputyship or not (if it
was elected from the Assembly)
In the first proposal of the Constitutional
Committee which prepared the 1924 Consti7 Mustafa Kemal mentioned in his statements published on 22 September 1923 for the First time about
Republic and the necessity of the new constitution.
Hence in the Assembly’s session on 16 August 1923
Constitution Commission of 15 people was elected. The
commission was consisted of these names; Yunus Nadi,
Celal Nuri, İlyas Sami, Feridun Fikri, Ağaoğlu Ahmet,
refik, Rasih, Refet, İbrahim Süreyya, Mahmut, Ali Rıza,
Necati, Ebubekir Hâzım, Ahmet Süreyya, Münir Hüsrev
(Akyol 2012, 420-footnote.20).
TJP Turkish Journal of Politics Vol. 4 No. 2 Winter 2013
tution, it was stated that “Every Turkish citizen that has the qualifications to be elected
as an MP can be elected as the President”.
It meant that the President could be elected out of the Assembly. Moreover, it was
offered that the term of office had to be 7
years and re-election was possible but these
two were seen problematic in two points.
First, if the term of office of the President
was 7 years, although the term of office the
Assembly elected for 4 years ended, the
President would have to continue his duty.
Secondly, if the President was elected among
the MPs and kept his deputyship, the situation of the President would be uncertain
unless he was elected in the general election
at the end of the 4th year (Özdemir 1994, 3234). As a result, according to the Article 31
of the adopted form of the 1924 Constitution, Presidential election was regulated as
below:
“The President of Turkey is elected by Grand National Assembly and
among its members for one electoral
period. The term of office continues
until a new President is elected. Reelection is possible.”
The article that regulated the Presiden-
tial election deemed the Presidential term of
office same as the Assembly’s term of office
like it was in the 1921 Constitution. In the
Article 13 of the 1924 Constitution it was
stated that “the Grand National Assembly
is elected every four years”; therefore, the
Presidential term of office was 4 years and
the President could be elected more than
once.
As it was in the 1921 Constitution, the
1924 Constitution designated the electoral
organ and the Presidential term of office;
but, it did not have a provision about the
quorum for decisions and the quorum for
meetings. This information can be seen in
the TGNA House Regulations adopted on 2
May 1927 (İba 2009, 451-506). According
to the House Regulations after the general
elections firstly the council of the speaker’s
office was elected. Subsequently, the Presidential election was held in the Assembly.
The election was held with secret voting and
getting the votes of the absolute majority
was enough to be elected as the President
(Özdemir 1994, 35). Apart from these, because the President was elected among the
MPs, the president’s being woman was prevented legally.
Tablo 1. The Presidents of Republic During the 1924 Constitution
(Özdemir 1994,1-9; Kahraman 2007, 164)
Name
Mustafa Kemal
Mustafa Kemal
Mustafa Kemal
Mustafa Kemal
İsmet İnönü
İsmet İnönü
İsmet İnönü
İsmet İnönü
Celal Bayar
Celal Bayar
Celal Bayar
Election
Date
29.10.1923
01.11.1927
04.05.1931
01.03.1935
11.11.1938
03.04.1939
08.03.1943
05.06.1946
22.05.1950
14.05.1954
01.11.1957
Members Participants Candidate
of TGNA of Election Votes
287
316
317
399
399
429
455
465
487
541
638
158
288
289
386
348
413
435
451
453
513
607
158
288
289
386
348
413
435
388
387
486
434
The Tour
Selection of
Candidate
1. Tour
1. Tour
1. Tour
1. Tour
1. Tour
1. Tour
1. Tour
1. Tour
1. Tour
1. Tour
1. Tour
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TJP Turkish Journal of Politics Vol. 4 No. 2 Winter 2013
Presidential Election under the 1961
Constitution
Between the years 1950 and 1960, Democrat Party, which was the ruling party, was
removed from their duty by the coup d’etat
of the junta of 38 people8 who called themselves as National Unity Committee (Milli
Birlik Komitesi) on 27 May 1960.9 It is possible to separate the period between 27 May
1960 the coup date and 9 July 1961 when
the 1961 Constitution came into operation
into two parts: the period of National Unity
Committee and the period of Constituent Assembly (Dal 1986, 46). To prepare the 1961
8 National Unity Committee consisted of 38 people. Chairman: Cemal Gürsel, members: Ekrem Acuner,
Fazıl Akkoyunlu, Refet Aksoyoğlu, Mucip Ataklı, İrfan
Baştuğ, Rıfat Baykal, Emanullah Çelebi, Ahmet Er, Orhan Erkanlı, Vehbi Ersü, Numan Esin, Suphi Gürsoytırak,
Orhan Kabibay, Kadri Kablan, Mustafa Kaplan, Suphi
Karaman, Muzaffer Karan, Kamil Karavalioğlu, Osman
Köksal, Münir Köseoğlu, Fikret Kuytak, Sami Küçük,
Cemal Madanoğlu, Sezai Okan, Muzaffer Özdağ, Fahri
Özdilek, Mehmet Özgüneş, Şükran Özkaya, Selahattin
Özgür, İrfan Solmazer, Şefik Soyuyüce, Dündar Taşer,
Haydar Tunçkanat, Alparslan Türkeş, Sıtkı Ulay, Ahmet
Yıldız, Muzaffer Yurdakuler (Gözler 2011, 36).
9 Doğan describes 1961 coup as “What is 27 May
1960 coup, other than a rescue of the bureaucracy of
soldier-civilian? After this “cheating” of bureaucracy
which always lose in the game of elections, Democrat
Party took action in order to ensure facing the difficulties
it experienced during its ruling and the possible difficulties in the future” (Doğan 2005, 92). Karpat relates 1961
coup to army’s deeming itself as the protector of both the
philosophy and the revolutions executed after 1923 and
the government in 1950. “The parties that came to power
by grounding on public or public opinion were shown
as opportunist people who make concessions to religion
to obtain vote or as the representative of the religious
people who are against secularism. This opinion, namely
army’s not going with the tide or not seeing the social
truths revealed itself in 1950” (Karpat 2010, 14-15). Celal Bayar expressed 27 May movement as “bureaucrat
partner’s, who were suspended from state government
before, seizing the government; Ahmet Kabakalı expressed it as “The work of comprador bureaucrats who
have no other aim than to live as a European” (Tanör
2012, 185-86).
92
Constitution was tried in these two periods
but it was adopted under the period of Constituent Assembly.
The Constituent Assembly was formed
from the National Unity Committee and
the House of Representatives. The Constitutional Committee10 elected on 9 January
1961 worked for nearly three months, prepared the constitution draft and presented
it to the House representatives. The draft
accepted by the House of Representatives
was presented to the National Unity Committee. 11 However, when the House of
Representatives and the National Unity
committee dissented about 17 articles, according to the Article 31 of the Law about
the Organization of the Constituent Assembly
numbered 157 and dated 13 December 1960
(resmigazete.gov.tr, 16.121960), the Joint
Commission changed these articles and in
accordance with article 27th of the Constitution was resolved in the united meeting
of the Assembly (Tanör 2011, 374-375).
The adaptation of the constitution was left
up the referendum. On 28 March 1961 the
Law about the Presentation of the Constitution
to Referendum” numbered 283 was accepted
(resmigazete.gov.tr, 01.04.1961) the 1961
Constitution was adopted in referendum12
10 The members of Constitutional Committee
were as follows: Ragıp Sarıca, Muammer Aksoy, Turan
Güneş, Münci Kapani, Tarık Zafer Tunaya, Bahri Savcı,
Hıfzi Veldet Velidedeoğlu, Sadık Aldoğan, Enver Ziya
Karal, Âmil Artus, Doğan Avcıoğlu, Abdulhak Kemal
Yürük, Sait Celal Siren, Nurettin Ardıçoğlu, Hazım
Dağlı, Cafer Tüzel, Mümtaz Soysal, Coşkun Kırca,
Emin Paksüt, Muin Küley (Yılmaz 2012, 138). But,
Tarık Zafer Tunaya and İsmet Giritli were dismissalled
from office by Cemal Gürsel by virtue of leaking of
commission meetings to the press on 25.08.1960 (Coşar
ve Sami 2010, 298-301).
11 While 215 of the 220 participant representatives voted aye, 5 were abstainers (Özçelik 1976, 125).
12 The numbers of voters on the referendum that
were made for 1961 Constitution was 12.735.009. On the
other hand, the number of participants was 10.322.169;
the numbers of valid votes was 10.282.56; the numbers
TJP Turkish Journal of Politics Vol. 4 No. 2 Winter 2013
on 9 July 1961 with 61,5 % aye votes and
the turnout was 81 %.13
The total members of the Assembly was
not certain under the 1921 and the 1924
Constitutions. The 1961 Constitution limited the TGNA members. According to this,
TGNA was formed from National Assembly
and the Republic Senate (the 1961 Constitution art. 67). The Republic Senate was
formed from 150 members elected with
general ballot and 15 members, appointed
by the President. On the other hand, the
Chief of the National Unity Committee and
the members, old Presidents who have signatures under the law numbered 157 and
dated 13 December 1960 are the ordinary
members of the Republic Senate (the 1961
Constitution, art. 70).
Under the 1961 Constitution the Presidential Elections were held according to
article 95th of the Constitution and house
regulations of TGNA. It has to be said first
that with the 1961 Constitution the details
of the Presidential election was included in
the provisions of the Constitution besides
house regulations.14 Under the 1961 Constitution three different house regulations
could be told of. (1)the house regulations of
the House of representatives dated 1961 (2)
the house regulations of the Republic Senate
dated 1963 and (3) the house regulations
of aye votes was 6.348.191; the number of black ball
was 3.934.370 (resmigazete.gov.tr, 20.07.1961).
13 See for debates in TGNA during the preparation
of 1961 Constitution (Kili 1976, 64-146).
14 “25th Article of the Law of Constituent Assembly Establishment which is additional to law dated
12.6.1960 and numbered 1 about the amendment of
some provisions and cancelling some of the provisions
of 13.12.1960 dated and 157 numbered 1924 dated and
491 numbered Constitution forms the legal basis of
House Regulations of House of Deputies… House Regulations of House of Deputies that were not published
in Official Gazette before, is a frame house regulation
consisted of 12 sections and 64 articles” (İba 2009, 287).
of TGNA United Meeting dated 1965. The
Presidents from the period of the 1961 Constitution, Cevdet Sunay and Fahri Korutürk
were elected according to the house of regulations of TGNA United Meeting (art. 7-12)
dated 1965. In the election of Cemal Gürsel,
the provisional article of the 1961 Constitution was regulated as below to decide which
house regulations would be used:
“According to this constitution,
for the meetings and workings of the
founded Turkish Grand National Assembly, National Assembly and Republic Senate until they make their own
house regulations, provisions of the
house regulations which was in effect
before 27 October 1957 are applied.”
According to the article 95th of the 1961
Constitution, the qualifications and Presidential election are in this way:
“The president is elected by the
Turkish Grand National Assembly
among its members who turn 40 and
who are higher-education graduates,
with two – thirds majority of the total
member number and secret voting and
for a seven-year period. If this majority cannot be got in the first two voting, absolute majority is enough to be
elected. One person cannot be elected
twice. When he was elected as the
President, he is no longer the member
of his party and he is no longer the
member of Turkish Grand National
Assembly.”
From this article of the Constitution
these criterions can be understood about
the Presidential elections:
(1) MPs of TGNA could be candidates
(2) TGNA elected the President
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TJP Turkish Journal of Politics Vol. 4 No. 2 Winter 2013
(3) It was compulsory to be in 40 years
old and to be higher education graduate
(4) The President was elected for 7 years
and re-election was not possible
(5) In the Presidential elections, qualified majority was foreseen; in the first two
ballots two thirds of total member number
and in the other ballots the votes of the absolute majority have to be taken.
(6) The elected President was no longer a
member of his party and the Assembly.
Even though, the 1961 Constitution ensured to look for the qualified majority, it did
not foreseen the possibility that this qualified majority could not be found. It means
that under the 1961 Constitution there was
not an enforcement to abolish the Assembly
in case none of the candidates could get the
absolute majority of the TGNA total member
number in the second and the third rounds.
Hence, after the end of the term of office of
6th President Fahri Korutürk, 119 tours were
held but no candidates could constitute the
absolute majority of the TGNA total member number.
We can summarize the elected Presidents, the number of the MPs taken part in
the election, the votes that the candidates
took and their terms of office when the 1961
Constitute was in with this table was in effect.
Tablo 2. The Presidents of Republic During the 1924 Constitution
(Özdemir 1994,1-9; Kahraman 2007, 164)
Name
Election Date
Members
of TGNA
The Tour
Participants of Candidate
Selection of
Election
Votes
Candidate
Cemal Gürsel
26.10.1961
541
513
486
1. Tour
Cevdet Sunay
28.03.1966
636
532
461
1. Tour
Fahri Korutürk
06.04.1973
635
557
365
15. Tour
Presidential Elections under the
1982 Constitution
Turkish Armed Forces seized the control of the State of the Republic of Turkey
on 12 September 1980 once more.15 The
ones that staged the coup called themselves
as National Security Council (Milli Güvenlik
Konseyi) and the members of the Council
were Kenan Evren, Nurettin Ersin, Tahsin
Şahinkaya, Nejat Tümer and Sedat Celasun
(Gözler 2011, 43). Similar to the preparation
of the 1961 Constitution, it was decided to
form a constituent assembly consisting of
15 See for the political process (Günal 2009, 259287).
94
the Advisory Council (Danışma Meclisi) and
the National Security Council. According to
2nd sub-clause of 21th article of 2485 numbered Law of Constituent Assembly accepted
by NSC, within 1 month at most after the
first the meeting of Advisory Council, the
Constitution Council, which is consisted of
15 people chosen among their own members to prepare the new constitution, started works on 23rd November 1981 and about
7 months later it submitted the constitution
draft to Advisory Council on 17th July 1982.
Advisory council completed its works16 on
16 The numbers of deputies for the constitution in
the Advisory Council were as follows: aye: 120, black
ball: 7, abstainer: 12, nonparticipants: 17 (Kuzu 1990,
24).
TJP Turkish Journal of Politics Vol. 4 No. 2 Winter 2013
constitution draft coming from Constitution Council on 23rd September 1982 and
submitted it to NSC which has the final
word about the constitution in accordance
with 26th article of law no:2485. NSC accepted the constitution draft to hold a referendum on 18th October 1982 and published it
on 25th September 1982 in official gazette
(resmigazete.gov.tr, 25.12.1982; Özbudun
2005, 49-52; Gözler 2011, 42-43). Referendum was performed with %91 participation
on 7 November 1982 under the control of
Supreme Election Board in accordance with
the provisions of 24 September 1982 dated
no:2707 Law of Holding Referendum on Constitution and 1982 Constitution took effect
with %91.37 aye vote.17
House Regulations, which was on effect before 12 September 1980, are enforced” was
included. The House Regulations enforced
before 12 September 1980 was 1973 dated
National Assembly House Regulations. In addition to this, in accordance with the 15
numbered decision of TGNA on 15th January 1985, about subjects of Parliamentary
inquiry and bringing into Supreme Court,
it was decided to enforce the provisions –
not contrary to 1982 Constitution, of the
3rd part of 1965 dated TGNA United Meeting House Regulations. Finally, with a change
of 30 articles in National Assembly House
Regulations in 1996, TGNA House Regulations was accorded to 1982 Constitution
(İba 2009, 5-6).
After this period we told briefly, President election within the prepared1982
Constitution period was performed in accordance with 1982 Constitution and TGNA
House Regulations (art. 121-122) provisions. For the President election in 2014,
19.01.2012 dated no:6271 Law of the Election of President was introduced additionally
(resmigazete.gov.tr, 26.01.2012).
The fundamental change in the Presidential election in 1982 Constitution period was
executed in 2007 and 101st article of Constitution regulating the Presidential election
was changed. Therefore, it will be incisive to
analyze the Presidential election in this period by separating it into two as before and
after 2007.
In accordance with 6th article of 1982
Constitution, the provision of “For the meeting and works of TGNA formed according to
Constitution, until its own house regulations are made, the provisions - not contrary
to Constitution – of the National Assembly’s
Presidential Elections Before
2007
17 “According to the accurate results of the election
performed in the whole country on 7 November 1982
Sunday that our Council has, 12.718.115 (eighteen
million seven hundred eighteen thousand one hundred
fifteen) citizens voted, 18.600.313 (eighteen million six
hundred thousand three hundred thirteen) of the votes
were valid, 117.802 were invalid (one hundred seventeen thousand eight hundred Two), 16.945.545 (sixteen
million nine hundred forty five thousand five hundred
forty five) of the valid votes were Aye vote, 1.594.761
(one million five hundred ninety four thousand seven
hundred sixty one) were Nay votes...” (resmigazete.gov.
tr, 20.11.1982).
In the 1982 Constitution, the Presidential election is regulated in the 101st and
102nd articles as such:
“The President of the Republic shall
be elected for a term of office of seven
years by the Grand National Assembly
of Turkey from among its own members who are over forty years of age
and who have completed their higher
education or from among Turkish citizens who fulfill these requirements
and are eligible to be deputies.
The nomination of a candidate for
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TJP Turkish Journal of Politics Vol. 4 No. 2 Winter 2013
the Presidency of the Republic from
outside the Grand National Assembly
of Turkey shall require a written proposal by at least one - fifth of the total
number of members of the Assembly.
The President of the Republic may
not be elected for a second time.
These can be determined from the articles related to the Presidential election:
(1) TGNA chooses the President,
The President-elect, if a member of
a party, shall sever his relations with
his party and his status as a member of
the Grand National Assembly of Turkey shall cease (1982 Constitution art.
101).”
(2) Both TGNA deputies and Turkish
citizens who have the adequacy to be elected
deputy and is not deputy can be a candidate
of the Presidency.
“The President of the Republic shall
be elected by a two-thirds majority of
the total number of members of the
Grand National Assembly of Turkey
and by secret ballot. If the Grand National Assembly of Turkey is not in
session, it shall be summoned immediately to meet.
(4) To turn over 40 and to complete
higher education is obligatory in order to be
a President.
The election of the President of the
Republic shall begin thirty days before
the term of office of the incumbent
President of the Republic expires or
ten days after the Presidency falls vacant, and shall be completed within
thirty days of the beginning of the
election. Candidates shall be declared
to the Presidium of the Assembly within the first ten days of this period, and
elections shall be completed within
the remaining twenty days. If a twothirds majority of the total number
of members cannot be obtained in the
first two ballots, between which there
shall be at least a three day interval, a
third ballot is held and the candidate
who receives the absolute majority of
votes of the total number of members
is elected President of the Republic. If
an absolute majority of votes of the total number of members is not obtained
96
in the third ballot, a fourth ballot is
held between the two candidates who
receive the greatest number of votes…
(1982 Constitution a. 102).”
(3) In order to be a candidate of Presidency, a written offer of one fifth of the total
number of TGNA is necessary.
(5) The President is elected for a period of
7 years and it is not possible to be re-elected.
(6) Four phases are set forth for the
election of President: in the first and second phases the vote of the two thirds of the
total number of TGNA, in the third phase
the vote of absolute majority is necessary.
If these rates are not met in the first three
phases, two candidates, who had the most
of the votes in the third voting, participate
in the fourth phase and the one who has the
absolute majority is elected the President.
(7) If the stated majorities are not met in
the four phases, TGNA calls a general election.
(8) The one elected president is discharged from his/her party and his/her deputyship ends.
As it can be observed, 1982 Constitution
dealt with the election of President in much
more detail and made absolute conclusion.
TJP Turkish Journal of Politics Vol. 4 No. 2 Winter 2013
The first President after 1982 Constitution took effect was Kenan Evren. However,
we should state that Kenan Evren’s Presidency did not occur according to the provisions
of 101st and 102nd articles of 1982 Constitution, it occurred according to temporal 1st article which became valid after 1982 Constitution was accepted a result of referendum.
The temporal 1st article is as such:
“On proclamation under lawful procedure of the adoption by referendum of the
Constitution as the Constitution of the Republic of Turkey, the Chairman of the Na-
tional Security Council and Head of State
at the time of the referendum, shall assume
the title of President of the Republic and
shall exercise all constitutional functions
and powers of the President of the Republic
for a period of seven years…”
The number of Presidents elected after
Kenan Evren’s term of office ended and the
number of deputies participated in the election, the number of votes obtained by the
candidates and their term of offices can be
summarized with this table:
Tablo 3. The Presidents of Republic During the 1924 Constitution
(Özdemir 1994,1-9; Kahraman 2007, 164)
Members
of TGNA
Turgut Özal
31.10.1989
450
285
263
3. Tour
Süleyman Demirel
16.05.1993
450
431
244
3. Tour
Ahmet Necdet Sezer 05.05.2000
550
533
330
3. Tour
Abdullah Gül
550
448
339
3. Tour
28.08.2007
Constitutional Court’s “367
Judgment” and The Period to
Constitutional Amendment
In 2007, a short time before the end of
the term of office of 10th President Ahmet
Necdet Sezer, Sabih Kanadoğlu, Chief Public
Honorary Prosecutor of the Court of Cassation, wrote an article titled “AKP votes will
not be enough” (Kanadoğlu 2006) on 26th
December 2006 in Cumhuriyet Gazette and
started a legal discussion in the election of
president.18 In Kanadoğlu’s point of view,
18 Cem Eroğul grounds the first suggestion of 367
idea on a previous date; “Ece Göztepe, by repeating the
common perception of the public opinion, initiates the
constitutional interpretation problem that caused the crisis from the writing of Sabih Kanadoğlu published on
26th December 2006 in Cumhuriyet. However the first
Participants Candidate
of Election
Votes
The Tour
Selection of
Candidate
Election
Date
Name
the quorum 367 which was accepted for the
election of president in the first phase voting according to 1982 Constitution is the
also the quorum anticipated for the session
to start and at least 367 deputies should be
present in TGNA in the first session to be
able to elect President. Therefore, while a
crisis did not arise in the Presidential elecperson who mentioned the idea that the quorum for the
election of Presidency is the two thirds of the total number of the members is ex CMB president Ali İhsan Karacan. In his writing with the title of “The Key Part in
Constitution in Presidential Election” published in Dünya Gazette (in 20th page) on 1st December 2006, Karacan
explicitly presents the idea that would be supported by
Kanadoglu three weeks later: “I esteem that the meeting
should have been held in order to understand that the two
third of the votes which is the quorum could not be met.
In order for that, I think it is necessary that at least two
third should definitely be present in the first two gatherings” (Eroğul 2007, 169-170).
97
TJP Turkish Journal of Politics Vol. 4 No. 2 Winter 2013
tions of Turgut Özal, Süleyman Demirel and
Ahmet Necdet Sezer who were elected in the
period of 1982 constitution, the name of
Abdullah Gül, who was presented as candidate by AK Party for 11th Presidency, became
a judicial and political crisis.
We described the Presidential election
method before 2007. Along with this, we
need to mention 96th article that includes
the provisions about the 1982 Constitution’s quorum. In the 96th article of the Constitution, the quorum is included as “If there
is not another provision in the Constitution,
TGNA gathers at least one third of the total
member number and makes decision with
the absolute majority of the participants.
However, the quorum in no circumstances
can be less than one more of the one fourth
of total member number…”19 According to
this article, TGNA can gather with the number of at least 184 deputies and will make
decision with the absolute majority of the
participant deputies, with the condition of
being not less than 139.
In consideration of all these developments, TGNA gathered on 27 April 2007 to
elect 11th President. Under the leadership of
Republican People’s Party (CHP), a group of
deputies claimed that it is not possible to
initiate the session since there was not 367
deputies in the voting and went to constitutional court.20 Constitutional Court found
19 After the debates, 96th article of Constitution
was amended as follows on 31.05.2007 “The Turkish
Grand National Assembly shall convene with at least
one-third of the total number of members for all its affairs, including balloting. Unless otherwise stipulated in
the Constitution, the Turkish Grand National Assembly
shall convene with at least, one-third of the total number of members and shall take decisions by an absolute
majority of those present; however, the quorum for decisions can, under no circumstances, be less than a quarter plus one of the total number of members...” For all
constitutional amendments see (Şahin 2012, 146-253).
20 According to Hasan Tunç, the constitutional courts can be shelter for the opposition wing (Tunç
98
its decision about the quorum which is necessary for the election of 11th President made
TGNA’s 96th session on 27.04.2007 and its
E.S. 2007/45. K.S. 2007/54 numbered decision on 01.05.2007 House Regulations
amendment and decided that this decision
was changed in defiance of the 121st article
of House Regulations and 96th and 102nd articles of Constitution and decided on its cancellation (resmigazete.gor.tr, 27.06.2007).
With its “367 judgment” the Constitutional Court unprecedentedly interpreted
102nd article of its constitution. According
to most of the lawyer, politician and academicians, it is a wrong decision to stipulate
“367 judgment” as the quorum in 102nd article of 1982 Constitution in the elections of
presidency. Constitutional Court made this
decision by interpreting the relevant article
in a different way. However, there is a great
number of opinions that this decision is far
away from legal basis.21
When Abdullah Gül’s becoming President with “367 judgment” of the Constitutional Court was not possible within the
composition of TGNA in that period, the
government made the decision to call elections. The general elections that should have
been made in the November in 2007 made
on 22nd July 2007 and AK Party came first
with the vote rate of %46,58. Since a new
President could not be elected in time, Ahmet Necdet Sezer continued Presidency.
The first thing to do after 2007 general
elections was to elect the President. When
1997, 117).
21 For the ideas which were put forward in academic community and media on “367 decision” of Constitutional Court see (Şahin 2010, 95-108; Batum 2006;
Yüzbaşıoğlu 2007, 38-42; Sağlam 2007, 13; Kaboğlu
2007; Şentop 2006; Özbudun 2007; Gözler 2007a; Gözler 2007b; Göztepe 2007; Can 2006; Erdoğan 2007;
Arslan 2007; Hakyemez 2009, 101; Ergül 2007, 284;
Selçuk 2007, all book).
TJP Turkish Journal of Politics Vol. 4 No. 2 Winter 2013
Nationalist Movement Party (MHP), which
got seats in the parliament in 2007 elections, declared that it would participate in
the Presidential elections, the problem of
367 quorum disappeared and Abdullah Gül
was elected 11th President with 339 votes
in the third ballot. However this election
was a temporary one for Presidential elections; since after Abdullah Gül, Constitutional Court’s “367 judgment” will be valid
for the election of 12th Presidential election.
It is obvious that this decision will result in
possible new political crises; because if there
is a candidate not wanted by the opposition group that has 184 deputies in TGNA,
it will not participate in Assembly works
in the election day and it can make the Assembly stuck. In this situation which can
be described as the dominance of minority
over majority, the amendment of the constitution articles regulating the Presidential elections gained currency. With 5678
numbered 31 May 2007 dated Law of the
Amendment in Some Articles of Turkish Republic 77th-79th-96th-101st-102nd articles of
1982 Constitution were amended. However,
the amendment was held on referendum by
President Ahmet Necdet Sezer and it took
effect %68,95 aye votes in the referendum
on 21st October 2007. If it is paid attention,
a rather interesting chronology aroused in
the solution of the crisis resulted from 11th
Presidential election:
(1) Constitutional Court made its “367
judgment”;
(2) Election Repeat decision was made;
(5) The constitutional amendment was
accepted in referendum.
Presidential Election After 2007
According to the amendment made on
31st May 2007 and accepted in the referendum on 21st October 2007, instead of TGNA
the public will elect the President from now
on. As a matter of fact, 11th President Abdullah Gül’s term of office will end in 2014
August and 12th Presidential elections will
be made according to both 101st and 102nd
articles of 1982 Constitution, and TGNA
House Regulations and the provisions of
19.01.2012 dated no: 6271 Presidential Election Law. Now we will analyze the details of
the Presidential Election that will be made
in the near future.
General Principles to be Executed in
Presidential Election
In the Presidential Election Law, the general principles that will be implemented in
elections of President of Republic are listed
as follows:
(1)The President is elected by the public.
(2)The election is made with equal and
secret vote, in the same day throughout the
country, under the management and audit
of jurisdiction. The voting of the Turkish citizens living abroad is performed within the
scope of the provisions of 26/04/1961 dated
no:298 Basic Provisions of Elections and the
Law of Electoral Registers.
(3) Constitutional amendment was made
before the elections were repeated;
(3)The elector votes himself/herself with
absolute independence.
(4) General elections were made before
the constitutional amendment took effect
and the new TGNA elected Abdullah Gul as
11th President;
(4)The counting, list and taking statements of the votes are performed openly.
(5)In the cases where there is not a
special provision in this Law, Law no:298,
99
TJP Turkish Journal of Politics Vol. 4 No. 2 Winter 2013
22/4/1983 dated Law of Political Parties
no:2820, 10/6/1983 dated Law of Deputy
Election no:2839, 18/1/1984 dated 2972
numbered Law of Local Administrations
and Neighborhood Chieftaincy and Election
of Community Council, 23/5/1987 dated
Law of Holding the Referendum on Constitutional Amendments no:3376 and the
provisions, which are not in defiance of this
Law, of the additions and amendments are
executed.
Starting of Election Period, Completion and Audit of the Elections
Presidential Elections will be made in
every 5 years in Turkey. One can be elected
President two times at most. There are two
reasons to execute Presidential elections:
(1) President’s term of office’s expiration,
(2) Presidency position’s being empty
(because of the reasons such as death, resignation, health situations)
In the case that term of office expires,
Presidential elections are completed within
60 days after the expiration of the term; in
the case that the position becomes empty
for any reason the elections are completed
within 60 days after the position becomes
empty.
Presidential election period starts 60
days before the President’s term of office’s
expiration, in the case that the position becomes empty for any reason it starts the day
after position becomes empty (6271 art.3).
Supreme Committee of Elections, with
the aim of carrying out all the procedures
about the management of the election and
its honesty from the start of Presidential
elections to its completions and having
these procedures carried out, is authorized
to make necessary principle decisions, (…)
100
and to determine and announce all of the
periods set forth in this Law about election by reducing them if necessary (6271
art.2/last). Supreme Committee of Elections
(SCE) is authorized in the audit of Presidential elections and election schedule is determined ex officio by SCE and is announced
(6271 art.3/last).
Presidential Election System
Presidential election system is two phase
absolute majority system. In two phase absolute majority systems, the candidate who
wants to win the elections needs to gain the
absolute majority of the votes that are casted in the first voting and are valid. If none of
the candidates obtain more than 50% of the
votes, second voting is executed. In the second voting, either the two candidates who
gain most of the votes participate in the first
election and need to gain 50% of the votes;
or all the candidates participated in the first
phase participate in the second voting and
this time the candidate who gains most of
the votes is elected regardless of the 50%
condition.
In the Presidential Election in Turkey,
the second method of two phase absolute
majority system shall be used. That is, the
candidate who gains the absolute majority
in the election which will be performed with
general ballot is elected President. If this
majority is not met in the first voting, the
second poll will be executed on Sunday after
this poll. The two candidates who gain the
most of the votes in the first election participate in this poll and the candidate who
gains the most of the valid votes is elected
President (6271 art.4/1). This situation has
no problem unless an extraordinary situation. Besides, law set forth the possibility of
an extraordinary situation.
In the event that one of the candidates,
who had the right to participate in the
TJP Turkish Journal of Politics Vol. 4 No. 2 Winter 2013
second poll, die or lose the adequacy to be
elected, the second poll will be executed by
means of replacing the empty candidateship
according to the row in the first poll. In the
event that a candidateship becomes empty,
replacement will not be performed (6271
art.4/2). In the case that there is one candidate in the polls, the poll will be executed
as referendum. The candidate is selected
President in the case that he/she gains the
majority of the valid votes. In the case that
the candidate cannot gain the majority of
the votes, the election will be repeated (6271
art.4/3).
Procrastination of the Presidential
Elections
In the case that a decision is made by
TGNA that there is not a possibility of executing the new elections because of war,
Presidential election can be procrastinated
for 1 year. If the reason of procrastination
disappears, this process can be repeated according to the procedure in the decision of
procrastination (6271 art.5).
Becoming Candidate and Being Nominated as a Candidate for Presidency
The possible candidates of Turkish Republic Presidency require possessing these
conditions (1982 Constitution a. 101; 6271
a.5):
(1) Being a citizen of Turkish Republic,
(2) Having turned 40,
(3) Having completed higher education,
(4) Being a member of TGNA or possessing these qualities and the adequacy
to be elected deputy.
Along with possessing these qualities,
one needs to be nominated as candidate as
well. The authority of nominating candidate
is given to the deputies and political parties.
(1) Nominating candidate among TGNA
members or out of Assembly for Presidency
is possibly with the written proposal of at
least 20 deputies. Besides, each deputy can
make an offer only for one candidate (6271
a.7/1). Therefore, taking into consideration
the TGNA consisted of 550 deputies, there
can be 27 candidates at most in Presidential
election.
(2) Political parties, which surpass 10%
in the last deputy general elections when
calculated with the total valid votes they
gained, can nominate common candidate.
Each political party can make offer only for
one candidate (6271 a. 7/2). Besides, one
needs to give written consent to be nominated as candidate (6271 a.7/3).22
Freedom of Propaganda in Presidency
Elections
6271 numbered law accorded the freedom of propaganda to the Presidency candidates. According to 13th article of the law, the
propaganda period starts in the day which
the candidate list is finalized and end at
18:00 before day of polls. Besides, SCE and
Turkish Institution of Radio and Television
audit whether the broadcasts of propaganda
22 “Supreme Committee of Election determines
the temporal list presenting the ones who possess the
conditions of being nominated as candidate and the adequacy of being elected as a result of the examination
it performs about the candidates. Temporary candidate
list and reclamation period are published on Official
Gazette. Within two days after the announcement in
Official Gazette, one can object to the Supreme Committee of Elections about temporary candidate list or
against the decision related to not being added on this
listed. Supreme Committee of Elections finalizes the
objections within three days and publishes the final
candidate list on Official Gazette (6271 art. 9-10).
101
TJP Turkish Journal of Politics Vol. 4 No. 2 Winter 2013
which will be made on Turkish Radio and
Televisions are objective and in equality. On
the speeches of the President candidates on
private radio and televisions, excluding the
time, the provisions of the 1961 dated no:
298 Law of Main Provisions of the Elections
and Electoral Registers are put into effect.
Finalization of the Presidential Election
The final results of Presidential election
are announced by SCE to TGNA Board and
to the Position of Presidency and will be announced to the public opinion through Official Gazette and an official report will be
made by Supreme Committee of Elections
on behalf of elected President in respect of
being elected President (6271 art.20).
The official report made on behalf of
President is submitted by Speaker in TGNA
General Assembly and oath ceremony is
performed within the same session. This
session is performed in the day which the
ex-President’s term of office expires, in the
case that the position becomes empty for
another reason it is performed within 3 days
after the finalization of the election results
(6271 art.21).
Conclusion
While the position and elections of Presidency was not a matter of debate in the first
years of the Republic especially in the single
party period, it caused political crises after
1950. It can be observed that these crises
have gained depth from past to present. Especially for the Presidents elected in 1982
Constitution period, the ruling and opposition party have never agreed on a candidate.
It can only be asserted that there was a relative partially consensus on 10th President
Ahmet Necdet Sezer which resulted from
obligation.
102
The main reason of the crises in Presidential elections resulting in TGNA’s termination and elections’ repeat is that President
has a key role in the political system with his
duty and powers. Each political movement
has wanted to see the one who is within or
close to its ideological lines as President and
in a way deemed its political idea as assurance. Hence the reason that the Presidential
elections in 1921 and 1924 Constitutions
period were controversial is that both there
were charismatic leaders and the President
had much less power when compared to
1961 and 1982 Constitutions.
In the History of the Republic, if we
deem Kenan Evren’s election as exception,
TGNA have elected the Presidents throughout 91 years approximately. As a result of
the constitutional amendment in 2007, the
public will elect the President beginning
from 2014. The constitutional amendment
performed after Abdullah Gul was elected President by TGNA for 7 years, brought
along a new discussion about Abdullah Gul’s
term of office and whether he can be re-elected. Constitutional Court healed this breach.
According to 15 June 2012 dated decision
of Supreme Court, Abdullah Gül’s term of
office is 7 years and in the event that he becomes or is nominated as candidate he can
be re-elected for 5 years. The 12th Presidential Elections that will start in June in 2014
will be performed according to the methods
that we mentioned above and the new President will be elected by the public.
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