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Indian Democracy at cross-roads – Electoral reforms imperative



Venkatrao Ghorpade


               As the country moves forward in the twenty-first century, the effect of
globalization has brought about a paradigm shift in the mindset of people, the impact of
which is directly and visibly felt during the electoral process. And the need of the hour is
to adapt to the new global atmosphere. Otherwise, the largest democracy in the world,
which is poised to become an Asian power by the year 2015, could find itself saddled
with a democratic institution that is incapable of meeting the aspirations of its people.



       Over the past five decades, Indian democracy has evolved and matured to
emerge as the largest democracy in the world based on well tested principles of
equality and social justice through adult franchise. It has kept pace with time, as
India passed through various stages of development and progress, giving
maximum opportunity to each and every individual to effectively participate in the
country’s democratic process, notwithstanding the inherent complexities of caste
creed, languages and religious affiliations of different communities.

        However, as the country moves forward in the twenty-first century, the
effect of globalization has brought about a paradigm shift in the mindset of
people, the impact of which is directly and visibly felt during the electoral process.
And the need of the hour is to adapt to the new global atmosphere, which
influences the country’s religious, cultural, socio-economic behaviour, and still
retain the true democratic values to provide a stable working government that is
capable of providing good governance at all the five levels – Village,
Intermediate, District (Gram, Taluk and Zilla Panchayats), Assembly and
Parliament.

        Over the years, efforts have been made to bring more and more people to
participate in the democratic process for better and greater representation. For
example, reducing the voting age to 18 years; empowerment of women;
amending the constitution to strengthen the PRIs (Panchayat Raj Institutions) to
bring in reservations by rotation for elections to the local bodies, including
elections to Chairpersons.

        All these efforts to strengthen the democratic process at the grass-root
level, undoubtedly, has created much better and greater awareness of the basic
rights of the people, and also has significantly increased the political awareness
as well at the village level. It has also generated a new kind of identity among


                                             1
various communities based on the rotational reservation pattern (SC, ST,
Women, OBC and General categories). All these developments have made the
electoral process and its outcome that much more unpredictable with vote bank
politics slowly falling apart.

        To understand these changes more meaningfully, it is necessary to take a
close look of the electoral process at the Village level Panchayat – the first of the
five levels:

      Village Panchayat elections are held once in five years based on rotational
reservation of seats with multiple member constituencies (In Karnataka a
member represents a population of 400), and is party less. Every member is free
to choose his or her own symbol for the elections. Moment a reservation
category is announced for a particular seat, population gets divided among the
contestants on party lines since their candidatures are backed by the respective
national parties. To avoid such a political polarization, party-less elections are
conducted; but the ground realities that prevail during elections, speaks
otherwise.

       Next complication comes from multiple member constituencies. For
example, if a village has to elect say 10 members, we do not have 10 separate
booths. Instead, members are attached to say three different booths – booth 1
two members, booth 2 three members, and booth 3 five members, calling these
booths double member, triple member and 5-member constituencies. So, if a
voter is attached to booth 1 he has to cast a maximum of two votes; to booth 2
three votes, and booth 3 five votes, respectively. With each member having a
different symbol one could imagine the confusion it could cause to the voter
when he or she is alone inside the polling booth. Added to this, the confusion is
further compounded when a voter by will or by external compulsions chooses not
to cast all the votes in a multiple member ballot paper.


        Then comes the counting of votes, which is far from being simple and
straightforward. For example, in a 5-member constituency, the reservation could
be SC, ST, OBC (A), OBC (B) and General seat. While declaring the result the
winning candidate in the reserved seats will be declared from their respective
reserved seats, namely, SC, ST, and OBCs except the General category. Then
the defeated candidates in the four reserved seats are clubbed with the General
category candidates. After counting the votes in the General category, if any of
the defeated reserved category candidates has polled more votes than the
winning candidate in the General category, then that particular reserved
candidate is declared as elected in the General category seat. In other words, all
the defeated candidates from the reserved seats are treated as General category
candidates to compete with the original General category candidates. However, if
the initial seat reservation has a General (Women) candidate, then the above




                                         2
clubbing of defeated reserved candidates does not take place since the Gen (W)
is also considered as a reserved seat.

Secondly, for declaring uncontested seats, each member is treated separately.
However, in a double or triple member constituency, when a SC or SC/ST
candidate(s) is (are) in the field, even if the Gen. category seat is unopposed, this
solitary candidate has to also be in the fray to facilitate the application of above ‘
Clubbing ‘ rule; and this unopposed candidate in the Gen. Category, whose
name appears in the ballot paper, will be declared winner only after ensuring that
the reserved members have won their respective seats after clubbing with the
Gen. category. In other words, the defeated candidates in the reserved
categories when clubbed with the Gen. category have pooled less than the only
Gen. category candidate in the fray. Only then will the Gen. category candidate
be declared winner after the entire counting process is complete.

       When it comes to casting of votes, a person is allowed one vote per
candidate. For example, in a triple member constituency a voter can cast a
maximum of 3 votes – one against each candidate – or he may choose to cast
only one vote, and leave the other two blank. However, it is not advisable to
leave blanks, because even in a Gen. Category uncontested seat the candidate
could lose his seat if no votes are polled against his name even if he is the only
candidate, as explained above. Even if he is uncontested, he should necessarily
poll more votes than the defeated reserved candidates above him in the
reservation hierarchy.


       The rural India, consisting mostly of illiterate people, have stood up and
braved the complicated and complex electoral process at the village level, and
have enthusiastically come forward to participate in the electoral process,
whenever elections are held, to strengthen the democratic process at the grass-
root level. They certainly deserve a much more simpler and a neater electoral
system to exercise their adult franchise.

       The electoral process at the village level in its present form gives ample
scope to maximize corruption and ‘ horse trading ‘ during polling and, later on, at
the time of electing the Chairpersons, thereby sowing the seeds of unhealthy
electoral practices that manifests itself many folds when it comes to party based
elections at the higher levels (MLA & MP), where horse trading becomes a
blatantly visible process during government formations after the election results
are declared.

      Today, we have entered the era of forced coalition governments with no
national party getting a clear majority to form a stable government in the States
and at the Center. This trend, perhaps, got set in after the voting age was
reduced to 18 years in 1989. In the past, people used to vote for stability; today
they vote for their identity, which comes in the way at every stage during



                                          3
government formation. Bihar is a classic example; where 146 newly elected first
time MLAs were not even sworn in as MLA before the Assembly was dissolved
for re-election. People’s verdict, however unpleasant it may be, needs to be
honoured, and should always form the basis for good governance. Unfortunately,
today, every possible means is adopted and the constitutional provisions are
strained to its maximum without respecting the spirit behind it, to circumvent the
popular verdict of the people by forming coalition governments or preventing the
formation of coalition governments in line with the peoples verdict. As a result,
we end up having a coalition with unwilling partners or we are forced to bring in
President’s rule and go in for fresh elections, as in the case of Bihar after the
Assembly polls in February 2005. At end of the day what ultimately suffers is
good governance and unfulfilled aspirations of the people.

       Therefore, the foremost task is to amend the Constitution to bring in
proportional form of governments. When a national party fails to get an absolute
majority, automatically proportional representation should come into effect
without losing any time in government formation. For example, if three national
parties have secured say 40%, 35% and 15% with the balance 10% going to
Independents, then all four automatically become coalition partners with the
Chief Minister (or the Prime Minister) coming from the party having the largest
number of seats. And the number of ministers each party gets will depend on the
percentage of seats each party has in the House. In this manner, even the
Independents, as a group, will be entitled for ministerial berths proportionate to
their strength. This will bring down ‘ Horse Trading ‘ drastically, and will also
prevent the Independents (who normally form a small percentage) in holding up
the ministry formation, and even going to the extent of toppling the government.

        In a given situation, if one of the national parties does not want to join the
coalition, then it should have the right to surrender its share of ministerial berths,
which could be filled up by inducting experts from different walks of life, who
need not become elected/nominated members of the house. This will ensure that
the ministry is not truncated, and functions to its full strength with the added
advantage of having professionals in the Cabinet. This, perhaps, appears to be
the only way out if we have to respect the verdict of the people and, in turn, give
them a stable, functioning government, which could last its full five-year term.

       Lastly, we come to the burning issue of reservations – 33% for women;
SC/ST categories. The easiest way to address this issue is to combine the
General constituency with either a women or a SC/ST reservation to make it a
double member constituency. Thereby providing for the required number of seats
to satisfy the prevailing reservation policy. This will automatically increase the
number of seats in the Assemblies and the Parliament, and proportionately
increasing the cost as well. But would give greater representation for the same
population. In other words, a given MP or MLA constituency will have two MPs or
MLAs, as the case may be, to represent the same population, thereby giving
greater proportional representation. For example, in a given constituency if 30%



                                          4
of the population belongs to ST category, then in a double member constituency
the ST reserved MLA/MP is able to represent better 30% ST population, and the
General member automatically represents the balance 70% of the population.

               The above issues related to electoral reforms, delimitation of
constituencies, reservation for women and SC/ST are no doubt quite complex in
nature. And some of the suggestions made here may give the impression that
straightforward solutions are being offered by over simplifying the problems. On
such complex subjects there are several ways to address them, and the final
solution that emerges need not be as simple and straightforward. But,
nevertheless, a beginning has to be made to set the thought process in motion.
Otherwise, the largest democracy in the world, which is poised to become an
Asian power by the year 2015, could find itself saddled with a democratic
institution that is incapable of meeting the aspirations of its people.



(Writer is a member of Karnataka Pradesh Congress Committee; and Ex-ZP President,
Bellary. These are his personal views; e-mail id: venkatrg@vsnl.com )



Place: Bangalore
Date: 1st Nov. 2005




                                       5

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Electoral Reforms

  • 1. Indian Democracy at cross-roads – Electoral reforms imperative Venkatrao Ghorpade As the country moves forward in the twenty-first century, the effect of globalization has brought about a paradigm shift in the mindset of people, the impact of which is directly and visibly felt during the electoral process. And the need of the hour is to adapt to the new global atmosphere. Otherwise, the largest democracy in the world, which is poised to become an Asian power by the year 2015, could find itself saddled with a democratic institution that is incapable of meeting the aspirations of its people. Over the past five decades, Indian democracy has evolved and matured to emerge as the largest democracy in the world based on well tested principles of equality and social justice through adult franchise. It has kept pace with time, as India passed through various stages of development and progress, giving maximum opportunity to each and every individual to effectively participate in the country’s democratic process, notwithstanding the inherent complexities of caste creed, languages and religious affiliations of different communities. However, as the country moves forward in the twenty-first century, the effect of globalization has brought about a paradigm shift in the mindset of people, the impact of which is directly and visibly felt during the electoral process. And the need of the hour is to adapt to the new global atmosphere, which influences the country’s religious, cultural, socio-economic behaviour, and still retain the true democratic values to provide a stable working government that is capable of providing good governance at all the five levels – Village, Intermediate, District (Gram, Taluk and Zilla Panchayats), Assembly and Parliament. Over the years, efforts have been made to bring more and more people to participate in the democratic process for better and greater representation. For example, reducing the voting age to 18 years; empowerment of women; amending the constitution to strengthen the PRIs (Panchayat Raj Institutions) to bring in reservations by rotation for elections to the local bodies, including elections to Chairpersons. All these efforts to strengthen the democratic process at the grass-root level, undoubtedly, has created much better and greater awareness of the basic rights of the people, and also has significantly increased the political awareness as well at the village level. It has also generated a new kind of identity among 1
  • 2. various communities based on the rotational reservation pattern (SC, ST, Women, OBC and General categories). All these developments have made the electoral process and its outcome that much more unpredictable with vote bank politics slowly falling apart. To understand these changes more meaningfully, it is necessary to take a close look of the electoral process at the Village level Panchayat – the first of the five levels: Village Panchayat elections are held once in five years based on rotational reservation of seats with multiple member constituencies (In Karnataka a member represents a population of 400), and is party less. Every member is free to choose his or her own symbol for the elections. Moment a reservation category is announced for a particular seat, population gets divided among the contestants on party lines since their candidatures are backed by the respective national parties. To avoid such a political polarization, party-less elections are conducted; but the ground realities that prevail during elections, speaks otherwise. Next complication comes from multiple member constituencies. For example, if a village has to elect say 10 members, we do not have 10 separate booths. Instead, members are attached to say three different booths – booth 1 two members, booth 2 three members, and booth 3 five members, calling these booths double member, triple member and 5-member constituencies. So, if a voter is attached to booth 1 he has to cast a maximum of two votes; to booth 2 three votes, and booth 3 five votes, respectively. With each member having a different symbol one could imagine the confusion it could cause to the voter when he or she is alone inside the polling booth. Added to this, the confusion is further compounded when a voter by will or by external compulsions chooses not to cast all the votes in a multiple member ballot paper. Then comes the counting of votes, which is far from being simple and straightforward. For example, in a 5-member constituency, the reservation could be SC, ST, OBC (A), OBC (B) and General seat. While declaring the result the winning candidate in the reserved seats will be declared from their respective reserved seats, namely, SC, ST, and OBCs except the General category. Then the defeated candidates in the four reserved seats are clubbed with the General category candidates. After counting the votes in the General category, if any of the defeated reserved category candidates has polled more votes than the winning candidate in the General category, then that particular reserved candidate is declared as elected in the General category seat. In other words, all the defeated candidates from the reserved seats are treated as General category candidates to compete with the original General category candidates. However, if the initial seat reservation has a General (Women) candidate, then the above 2
  • 3. clubbing of defeated reserved candidates does not take place since the Gen (W) is also considered as a reserved seat. Secondly, for declaring uncontested seats, each member is treated separately. However, in a double or triple member constituency, when a SC or SC/ST candidate(s) is (are) in the field, even if the Gen. category seat is unopposed, this solitary candidate has to also be in the fray to facilitate the application of above ‘ Clubbing ‘ rule; and this unopposed candidate in the Gen. Category, whose name appears in the ballot paper, will be declared winner only after ensuring that the reserved members have won their respective seats after clubbing with the Gen. category. In other words, the defeated candidates in the reserved categories when clubbed with the Gen. category have pooled less than the only Gen. category candidate in the fray. Only then will the Gen. category candidate be declared winner after the entire counting process is complete. When it comes to casting of votes, a person is allowed one vote per candidate. For example, in a triple member constituency a voter can cast a maximum of 3 votes – one against each candidate – or he may choose to cast only one vote, and leave the other two blank. However, it is not advisable to leave blanks, because even in a Gen. Category uncontested seat the candidate could lose his seat if no votes are polled against his name even if he is the only candidate, as explained above. Even if he is uncontested, he should necessarily poll more votes than the defeated reserved candidates above him in the reservation hierarchy. The rural India, consisting mostly of illiterate people, have stood up and braved the complicated and complex electoral process at the village level, and have enthusiastically come forward to participate in the electoral process, whenever elections are held, to strengthen the democratic process at the grass- root level. They certainly deserve a much more simpler and a neater electoral system to exercise their adult franchise. The electoral process at the village level in its present form gives ample scope to maximize corruption and ‘ horse trading ‘ during polling and, later on, at the time of electing the Chairpersons, thereby sowing the seeds of unhealthy electoral practices that manifests itself many folds when it comes to party based elections at the higher levels (MLA & MP), where horse trading becomes a blatantly visible process during government formations after the election results are declared. Today, we have entered the era of forced coalition governments with no national party getting a clear majority to form a stable government in the States and at the Center. This trend, perhaps, got set in after the voting age was reduced to 18 years in 1989. In the past, people used to vote for stability; today they vote for their identity, which comes in the way at every stage during 3
  • 4. government formation. Bihar is a classic example; where 146 newly elected first time MLAs were not even sworn in as MLA before the Assembly was dissolved for re-election. People’s verdict, however unpleasant it may be, needs to be honoured, and should always form the basis for good governance. Unfortunately, today, every possible means is adopted and the constitutional provisions are strained to its maximum without respecting the spirit behind it, to circumvent the popular verdict of the people by forming coalition governments or preventing the formation of coalition governments in line with the peoples verdict. As a result, we end up having a coalition with unwilling partners or we are forced to bring in President’s rule and go in for fresh elections, as in the case of Bihar after the Assembly polls in February 2005. At end of the day what ultimately suffers is good governance and unfulfilled aspirations of the people. Therefore, the foremost task is to amend the Constitution to bring in proportional form of governments. When a national party fails to get an absolute majority, automatically proportional representation should come into effect without losing any time in government formation. For example, if three national parties have secured say 40%, 35% and 15% with the balance 10% going to Independents, then all four automatically become coalition partners with the Chief Minister (or the Prime Minister) coming from the party having the largest number of seats. And the number of ministers each party gets will depend on the percentage of seats each party has in the House. In this manner, even the Independents, as a group, will be entitled for ministerial berths proportionate to their strength. This will bring down ‘ Horse Trading ‘ drastically, and will also prevent the Independents (who normally form a small percentage) in holding up the ministry formation, and even going to the extent of toppling the government. In a given situation, if one of the national parties does not want to join the coalition, then it should have the right to surrender its share of ministerial berths, which could be filled up by inducting experts from different walks of life, who need not become elected/nominated members of the house. This will ensure that the ministry is not truncated, and functions to its full strength with the added advantage of having professionals in the Cabinet. This, perhaps, appears to be the only way out if we have to respect the verdict of the people and, in turn, give them a stable, functioning government, which could last its full five-year term. Lastly, we come to the burning issue of reservations – 33% for women; SC/ST categories. The easiest way to address this issue is to combine the General constituency with either a women or a SC/ST reservation to make it a double member constituency. Thereby providing for the required number of seats to satisfy the prevailing reservation policy. This will automatically increase the number of seats in the Assemblies and the Parliament, and proportionately increasing the cost as well. But would give greater representation for the same population. In other words, a given MP or MLA constituency will have two MPs or MLAs, as the case may be, to represent the same population, thereby giving greater proportional representation. For example, in a given constituency if 30% 4
  • 5. of the population belongs to ST category, then in a double member constituency the ST reserved MLA/MP is able to represent better 30% ST population, and the General member automatically represents the balance 70% of the population. The above issues related to electoral reforms, delimitation of constituencies, reservation for women and SC/ST are no doubt quite complex in nature. And some of the suggestions made here may give the impression that straightforward solutions are being offered by over simplifying the problems. On such complex subjects there are several ways to address them, and the final solution that emerges need not be as simple and straightforward. But, nevertheless, a beginning has to be made to set the thought process in motion. Otherwise, the largest democracy in the world, which is poised to become an Asian power by the year 2015, could find itself saddled with a democratic institution that is incapable of meeting the aspirations of its people. (Writer is a member of Karnataka Pradesh Congress Committee; and Ex-ZP President, Bellary. These are his personal views; e-mail id: venkatrg@vsnl.com ) Place: Bangalore Date: 1st Nov. 2005 5