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Election and representation
Elections and Democracy
Direct Democracy
In a direct democracy, citizens are actively involved in the daily decision-making and governance, similar to the ancient Greek city-states.
Indirect Democracy
In larger democracies, direct participation by all citizens in every decision is impractical. Instead, citizens elect representatives who govern on their behalf. This process of selecting representatives is known as an election.
Role of Citizens:
- Citizens have a limited role in direct decision-making and administration.
- They participate indirectly through their elected representatives.
Role of the Constitution:
The Constitution establishes fundamental rules to ensure elections are free and fair, including voter eligibility, candidacy, and election supervision.
Election System in India
In democratic elections, citizens vote to determine the winners. Some rules may favor the majority, while others protect minority interests.
First Past the Post System (FPTP)
- India is divided into 543 constituencies, each electing one representative.
- The candidate with the most votes in a constituency wins, regardless of whether they have a majority. This is known as the FPTP or Plurality System, as prescribed by the Constitution.
Proportional Representation (PR)
Comparison with Israel’s Election System:
In Israel, seats in parliament are allocated to parties based on their share of the vote. Parties fill their seats from a pre-declared list of nominees. This is the Proportional Representation (PR) system, where the proportion of seats matches the proportion of votes.
Variations in the PR System:
Single Constituency: Countries like Israel and the Netherlands treat the entire country as one constituency, distributing seats based on national vote share.
Multi-Member Constituencies: Countries like Argentina and Portugal divide the country into several constituencies, each electing multiple representatives. Parties list candidates for each constituency, and seats are distributed based on party votes.
In both variations, voters choose parties rather than individual candidates, and seats are allocated proportionally.
India’s Use of PR
India uses a limited form of the PR system for indirect elections, such as those for the President, Vice President, Rajya Sabha, and Vidhan Parishads, following a more complex variation outlined in the Constitution.
PR System in Rajya Sabha Elections
The Rajya Sabha elections in India use the Single Transferable Vote (STV) system, a variant of Proportional Representation (PR).
State Quotas: Each state has a designated number of seats in the Rajya Sabha.
Election by State Legislatures: Members are elected by the legislative assemblies of each state.
Voters: The voters in these elections are the Members of the Legislative Assembly (MLAs) of the respective states.
Ranking Candidates: Voters rank the candidates in order of preference.
Winning Quota:
To win, a candidate must achieve a minimum quota of votes, calculated using a specific formula.
{Total votes polled/ total number of candidates+1} +1
Vote Counting Process:
First Preference Votes: Initially, votes are counted based on the first preference indicated by each voter.
Elimination and Transfer: If not enough candidates meet the quota, the candidate with the fewest first preference votes is eliminated. Their votes are then transferred to the remaining candidates based on the next preferences indicated on those ballots.
Repeat Process: This process continues until the required number of candidates have met the quota and are declared elected.
Comparison of FPTP and PR Systems
First Past the Post (FPTP) System:
Simplicity: Easy for voters to understand and use, even without specialized knowledge.
Clear Choices: Voters select specific candidates or parties, providing a straightforward choice.
Proportional Representation (PR) System:
Complexity: More complicated, potentially better suited for smaller countries.
Less Accountability: Voters often choose parties rather than individual candidates, which can reduce direct accountability to local constituencies.
Stability Concerns: The framers of the Constitution believed that PR might not provide the stable government needed in a parliamentary system.
Smooth Functioning of Government
The First Past the Post (FPTP) system often provides the largest party or coalition with additional seats beyond their share of votes, facilitating the formation of a stable government.
Encouraging Collaboration
The FPTP system promotes cooperation among voters from various social groups to win elections in local areas. In a diverse country like India, a Proportional Representation (PR) system might lead each community to form its own national party.
Experience with the FPTP System
Expectations Met:
- The FPTP system has met the expectations of the constitution-makers.
- It is straightforward and easy for ordinary voters to understand.
- It has enabled larger parties to secure clear majorities at both the central and state levels.
- It has discouraged the formation of parties that rely solely on votes from a single caste or community.
Party System Dynamics:
- Typically, the FPTP system leads to a two-party system.
- India’s experience has been unique, with initial one-party dominance post-independence.
- Since 1989, India has seen the rise of multiparty coalitions.
- In many states, a two-party competition is emerging, but the rise of coalitions has allowed new and smaller parties to participate in elections.
Reservation of Constituencies
Need for Reservation:
- In the FPTP system, the candidate with the most votes in a constituency wins. This can disadvantage smaller social groups, highlighting the need for reserved constituencies to ensure fair representation
Addressing Caste-Based Discrimination in Elections
- India has a history of caste-based discrimination. In the First Past the Post (FPTP) electoral system, dominant social groups often win, leaving marginalized groups underrepresented.
Separate Electorates
- Introduced by the British government, this system allowed only voters from a specific community to elect their representative.
Reserved Constituencies
- In reserved constituencies, all voters can participate, but only candidates from a particular community or social section can contest. This ensures representation for social groups that are spread across the country and may not have enough numbers to influence election outcomes in a regular constituency.
Constitutional Provisions
- The Constitution provides for the reservation of seats in the Lok Sabha and State Legislative Assemblies for Scheduled Castes (SC) and Scheduled Tribes (ST).
- Initially set for 10 years, this provision has been extended through successive constitutional amendments and is currently valid until 2030.
- Parliament can decide to extend this period further when it expires.
- The number of reserved seats is proportional to the population share of these groups. As of January 26, 2019, out of 543 elected seats in the Lok Sabha, 84 are reserved for SC and 47 for ST.
Process for Determining Reserved Constituencies
Reserved constituencies are determined by the Delimitation Commission, an independent body appointed by the President of India in collaboration with the Election Commission of India.
Purpose: The Commission is responsible for defining the boundaries of constituencies across the country.
Quota Allocation: Each state has a fixed number of reserved constituencies based on the proportion of Scheduled Castes (SC) or Scheduled Tribes (ST) in that state.
Population Composition: After setting the boundaries, the Commission examines the population composition of each constituency.
For ST: Constituencies with the highest proportion of ST population are reserved for ST candidates.
For SC: The Commission selects constituencies with a higher proportion of SC population and ensures these constituencies are spread across different regions of the state, as the SC population is generally evenly distributed.
Rotation: Reserved constituencies can be rotated each time the delimitation process is conducted.
Other Groups: The Constitution does not provide similar reservations for other disadvantaged groups.
Ensuring Free and Fair Elections
The effectiveness of any election system is measured by its ability to:
- Ensure a free and fair electoral process.
- Maintain an impartial and transparent election system.
- Reflect the voters’ aspirations through the election results.
Universal Franchise and Right to Contest
Universal Adult Franchise: All adult citizens in India are eligible to vote. The Indian Constitution guarantees this right.
Voting Age:
- Until 1989, the voting age was 21.
- A constitutional amendment in 1989 lowered the voting age to 18.
Right to Contest Elections:
- All citizens have the right to stand for election.
- Different minimum age requirements exist for various elections. For example, a candidate must be at least 25 years old to contest in Lok Sabha or Assembly elections.
- Legal Restrictions: Individuals who have been imprisoned for two or more years for certain offenses are disqualified from contesting elections. There are no restrictions based on income, education, class, or gender.
Independent Election Commission
The Election Commission of India is established to oversee and conduct elections, ensuring they are free and fair.
Constitutional Provisions:
- Article 324 of the Indian Constitution establishes an independent Election Commission responsible for the supervision, direction, and control of the electoral roll and the conduct of elections in India.
- The Election Commission has a decisive role in all election-related matters.
- Each state has a Chief Electoral Officer to assist the Election Commission of India.
- The Election Commission does not handle local body elections; these are managed by State Election Commissioners, who operate independently.
Structure of the Election Commission of India
- The Commission can be either a single-member or a multi-member body.
- Until 1989, it was a single-member body. Just before the 1989 general elections, two additional Election Commissioners were appointed, making it a multi-member body. After the elections, it reverted to a single-member status.
- In 1993, the Commission became multi-member again and has remained so since then.
- A multi-member Commission is generally preferred for shared power and greater accountability.
Chief Election Commissioner (CEC)
- The CEC presides over the Election Commission but does not have more powers than the other Election Commissioners.
- Decisions are made collectively by the CEC and the two Election Commissioners, who have equal powers.
- They are appointed by the President of India based on the advice of the Council of Ministers.
- There is a concern that a ruling party might appoint a biased individual to the Commission.
Security of Tenure
- The Constitution ensures the security of tenure for the CEC and Election Commissioners.
- They serve a six-year term or until the age of 65, whichever comes first.
- The CEC can be removed before the term ends by the President if both Houses of Parliament recommend it with a special majority.
- Election Commissioners can be removed by the President of India
Functions of the Election Commission of India
Voter List Management:
- Ensures the voters’ list is accurate and free from errors, such as missing names of eligible voters or inclusion of ineligible names.
Election Scheduling:
- Determines the timing of elections and prepares the election schedule, including key dates for nominations, scrutiny, withdrawals, polling, and counting.
Ensuring Free and Fair Elections:
- Has the authority to make decisions to ensure elections are free and fair. This includes the power to postpone or cancel elections in specific areas if the conditions are not conducive to a fair poll.
- Implements a model code of conduct for parties and candidates.
- Can order re-polls or recounts if necessary to ensure fairness.
Political Party Recognition:
- Grants recognition to political parties and assigns symbols to them.
Administrative Machinery of the Election Commission of India
- The Election Commission operates with a limited permanent staff and relies on the administrative machinery for conducting elections.
- During elections, it has control over state and central government officers assigned to election duties.
- The Commission can transfer officers or halt their transfers and take action against those who do not act impartially.
Electoral Reforms
Suggestions for Improvement:
- Consider shifting from the First Past the Post (FPTP) system to a variant of the Proportional Representation (PR) system to ensure parties receive seats proportional to their vote share.
- Introduce provisions to ensure at least one-third of elected representatives in parliament and assemblies are women.
- Implement stricter controls on election expenses, potentially funded by the government.
- Ban candidates with pending criminal cases from contesting elections.
- Ban the use of caste and religious appeals in election campaigns.
- Enact laws to regulate the functioning of political parties, ensuring they operate transparently and democratically.
Ensuring Elections Reflect Democratic Aspirations
- Beyond legal reforms, there are two key ways to ensure elections align with the people’s expectations and democratic aspirations:
- Active Citizen Participation: People need to be vigilant and actively involved in political activities.
- Role of Institutions and Organizations: Various political institutions and voluntary organizations keep an eye to ensure free and fair elections.
Special Majority in Parliament:
Two-thirds Majority: Requires two-thirds of those present and voting.
Simple Majority: Requires a majority of the total membership of the House.
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