Discusses the need for inserting referendum measures in the Indian legal landscape with the belief that the foundation of democracy is trust in the capacities of the people, faith in human intelligence and the confidence in the power of pooled and collective action. And also focusing on the notion that democracy would indeed be hollow if it fails to generate collective action, as well as fails to understand that it is not belief that these things are complete but that if given a show it will grow and be able to generate progressively the knowledge and wisdom needed to guide such collective action, and that all this can be generated, tested and recognized by the use of an instrument called the referendum. Also there is discussion on how inserting this institutional mechanism (referendum) within our system would help solve various structural flaws in our democracy as it has done with various other democracies ever since its first experimentation within the Athenian democracy in the city state of Athens Circa in 508 BC. The article also focuses on making a useful distinction between the “market” and “forum” model of democracy where the market model imagines democracy as a system of political parties competing over support in elections and voters choosing between their “packages” and the forum model which focuses on the formation and transformation of preferences through public deliberation and here the public and its participation is absolutely central. Finally the article rests it case furthering the optimist view in the labelled dispute between “the Optimists versus the Sceptics” and that people’s participation is of key importance to the proper functioning of a democratic system.
1. REFERENDUM : India &
The Democratic World
Vishal Sharma
B.A. L.L.B (Hons)
Currently Pursuing
M.A.(Public Policy , Law & Governance)
From the Central University of Rajasthan
2. OBJECTIVES
- What makes the referendum measure an
important tool for forwarding faith in
human intelligence.
- How the referendum measure helps and has
helped solve various structural flaws in a
democratic setup.
- Why inserting the referendum measure is
necessary for democracies specially India.
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3. REFERENDUM & DEMOCRACY
Referendum is a
general vote by the
electorate on a single
political question
which has been
referred to them for a
direct decision.
The best instrument
in the cracy(rule)
called
demo(people)
‘The rule called
people’
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4. Changing Scenario in the Democratic
World
UK
New
Zealand
Israel
Canada Australia
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5. 1
• UK - The Scottish referendum and EU Membership
referendum support the argument)
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• New Zealand - 6 o’ clock closing referendum , the saving
scheme referendum or the recent flag referendum.
3
• Australia - 40+ referendums on important issues like
retirement age of judges , to selection of a national song.
4
• Canada - Quebec referendums in 1980 and 1995.
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• Israel – Approval of the basic referendum laws by the
Knesset of Israel
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6. The rising demand in other
democracies
• Only 4 major democracies i.e.
Netherlands, Germany, Japan and India
don’t have a set of referendum laws.
• Except India the demand in these
countries is ever increasing both in the
political and public sphere.
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7. • Recent Emnid
poll 88 percent
wanted citizen
initiated
referendums.
Germany
• Recent SCP
Poll 89 percent
wanted the
referendum
measure
Netherlands
• Shinzo Abe
initiated
holding a
referendum on
constitutional
amendments
covering
emergency and
fiscal health.
Japan
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8. The Indian Experiment
Others
Junagadh Referendum Sikkim Referendum
Indian Independence Act,1947
NWFP Referendum District Sylhet Referendum
73rd and 74th amendments to the Constitution
Referendum on Reliance Groups MSEZ India’s first green Referendum
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9. The Indian Need
Demilitarizing
Siachen
Removal of AFSPA
Allowing women
entry into places of
worship
Spending tax payers
money on
advertising
government’s
achievements
Criminalizing
marital rape
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