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Topic of the week for discussion: 9th to 15th January 2012

               Topic: Electoral reforms in India

                   Minimum candidate qualifications: At present there is no requirement for
                   any minimum education. This may well have been justified at the time the
                   Constitution was written when large sections of our population were
                   uneducated. At that time, an uneducated junta was happy with an
                   uneducated leader. Today is a different world. Today, a majority of the
                   people are educated and it would only be appropriate that the leader be
                   educated as well.

                   Removing crime from politics: One of the primary problems with our
                   democracy is that it attracts the criminal minded towards it. The criminal
                   minded are attracted by the special privileges that MPs enjoy; the protection
                   from criminal proceedings; the ability to abuse state institutions for personal
                   benefit; the chance to be in charge of huge sums of governmental funds
                   which can be diverted to more personally meaningful causes; the power that
                   comes with politics. Now, if our justice system had been fast in delivering
                   its verdicts, then we could have insisted that even if an FIR was filed
                   against a candidate, he/she should be debarred from contesting elections.

    Topic          Election funding: This is a huge subject and I am only starting off a debate
                   here. There are two types of problems with our present election funding
Introduction       norms. One is that most of the funding is in the form of black money. No
                   corporate wants to officially state who it is supporting for the worry of
                   inviting the wrath of the other party. In most cases, they end up giving
                   contributions to both sides. Even here, they prefer to keep the amounts
                   hidden so as not to upset one party or the other. The second problem is that
                   even if a candidate manages to raise all funds legally, he/she is not allowed
                   to spend beyond a certain limit legally. The limit for major constituencies is
                   Rs 25 lacs or so; for smaller ones just Rs 10-15 lacs. These are arbitrary and
                   unrealistic limits. How can you contest an election by spending just these
                   measly amounts? But here is the loophole. Friends of candidates can spend
                   as much as they want. Political parties can spend as much as they want on a
                   candidate. This leads to unaccounted spending. And black money entering
                   politics. We have much to learn from other countries – especially European
                   and Latin American countries – on public funding of elections. But it is
                   entirely possible that we may need our own rules to be developed. One of
                   the earlier suggestions I have given is that the 3% education cess that used
                   to exist till last year should be re-introduced as election cess. This would
                   generate a huge amount of money. The EC may then decide whether we can
                   do with less than 3% or not. Public funding of elections can lead to much
                   lower levels of corruption in the election process. Here’s the very important
                   side-effect: Good candidates, who are not well off, can also get a chance to
                   contest elections. Today, political parties prefer to support candidates who
                   can raise funds for the party. Another point worth considering is to give
                   corporates tax concessions for political funding. This will actually bring out
                   election funding in a much more open public arena – imagine shareholders
                   asking for details on which parties their company supported. Basically, the
                   idea should be to lift the veil on election funding…..
Coalition politics – we have been in the era of coalition governments for nearly
                                   two decades now. And there is no sign that this is going to change. Coalition
                                   politics creates trouble in the functioning of a government. Small coalition
                                   partners are able to extract a much larger pound of flesh than they deserve;
                                   encouraging even more small parties to be formed. The main partner in the
                                   coalition is often subject to unfair pressures from small partners – to ignore
                                   their corrupt practices, to wrest better ministries etc. Besides, by threatening to
                                   quit the coalition and bring down a government, small parties enjoy powers
                                   they should not be entitled to. We need to change the rules here. Maybe we
                                   should only allow pre-election coalition partnerships. But what happens if pre-
                                   election partnerships fail to get the required majorities? If post-election
                                   partnerships are allowed, can we ban their dissolution before 5 years are over?
                                   This will bring stability to the running of the government. These things need to
                                   be discussed.


                                   National parties v/s regional parties: Should we have a rule that limits Lok
                                   Sabha elections to only national parties? Should we tighten the description of a
                                   national party? Today, if a regional party has a presence in a mere 4 states, it is
                                   called a national party. Even the RJD was considered a national party because
                                   it had made some gains in the North East (it was subsequently de-recognized).
                                   Likewise, the NCP today is called a national party because of its performance
   Reforms...                      in the North East. Since the time this rule was framed, many more states have
                                   got created. Maybe today, the rule should be that the party must be represented
                                   in at least 8-10 states. Fortunately, in spite of the rather simple qualification
                                   criteria, there are only six national parties – the Congress, the BJP, the NCP,
                                   the CPI, the CPI(M) and the BSP. So in reality, there are only four groupings –
                                   the Congress and NCP as the 1st, the CPI and CPI(M) as the 2nd, the BJP as the
                                   3rd and the BSP as the 4th. Maybe if the rules were tightened, the BSP would be
                                   eliminated. Maybe we should allow only the BJP, the Congress or the Left to
                                   form the central government. State parties could of course join any of these
                                   dispensations, but they would not be allowed to leave the coalition for five
                                   years.

                                   As is clear, there are many areas of reforms possible with respect to elections.
                                   Right to Reject a candidate is a flawed concept as per most political analysts.
                                   Do we really vote for candidates at all? Or do we vote for political parties?
                                   Similarly, Right to recall a candidate is a flawed concept since even the
                                   winning candidate gets less than 50% of votes in most constituencies. So if a
                                   right-to-recall was exercised, almost all winning candidates could be recalled.
                                   Besides, if we can clean up our election system, we may not even need to recall
                                   our elected representatives.




Read further : http://www.liberalsindia.com/freedomfirst/ff454-01.html
http://www.mainstreamweekly.net/article1049.html

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Main bullseyebulletin 159

  • 1. Topic of the week for discussion: 9th to 15th January 2012 Topic: Electoral reforms in India Minimum candidate qualifications: At present there is no requirement for any minimum education. This may well have been justified at the time the Constitution was written when large sections of our population were uneducated. At that time, an uneducated junta was happy with an uneducated leader. Today is a different world. Today, a majority of the people are educated and it would only be appropriate that the leader be educated as well. Removing crime from politics: One of the primary problems with our democracy is that it attracts the criminal minded towards it. The criminal minded are attracted by the special privileges that MPs enjoy; the protection from criminal proceedings; the ability to abuse state institutions for personal benefit; the chance to be in charge of huge sums of governmental funds which can be diverted to more personally meaningful causes; the power that comes with politics. Now, if our justice system had been fast in delivering its verdicts, then we could have insisted that even if an FIR was filed against a candidate, he/she should be debarred from contesting elections. Topic Election funding: This is a huge subject and I am only starting off a debate here. There are two types of problems with our present election funding Introduction norms. One is that most of the funding is in the form of black money. No corporate wants to officially state who it is supporting for the worry of inviting the wrath of the other party. In most cases, they end up giving contributions to both sides. Even here, they prefer to keep the amounts hidden so as not to upset one party or the other. The second problem is that even if a candidate manages to raise all funds legally, he/she is not allowed to spend beyond a certain limit legally. The limit for major constituencies is Rs 25 lacs or so; for smaller ones just Rs 10-15 lacs. These are arbitrary and unrealistic limits. How can you contest an election by spending just these measly amounts? But here is the loophole. Friends of candidates can spend as much as they want. Political parties can spend as much as they want on a candidate. This leads to unaccounted spending. And black money entering politics. We have much to learn from other countries – especially European and Latin American countries – on public funding of elections. But it is entirely possible that we may need our own rules to be developed. One of the earlier suggestions I have given is that the 3% education cess that used to exist till last year should be re-introduced as election cess. This would generate a huge amount of money. The EC may then decide whether we can do with less than 3% or not. Public funding of elections can lead to much lower levels of corruption in the election process. Here’s the very important side-effect: Good candidates, who are not well off, can also get a chance to contest elections. Today, political parties prefer to support candidates who can raise funds for the party. Another point worth considering is to give corporates tax concessions for political funding. This will actually bring out election funding in a much more open public arena – imagine shareholders asking for details on which parties their company supported. Basically, the idea should be to lift the veil on election funding…..
  • 2. Coalition politics – we have been in the era of coalition governments for nearly two decades now. And there is no sign that this is going to change. Coalition politics creates trouble in the functioning of a government. Small coalition partners are able to extract a much larger pound of flesh than they deserve; encouraging even more small parties to be formed. The main partner in the coalition is often subject to unfair pressures from small partners – to ignore their corrupt practices, to wrest better ministries etc. Besides, by threatening to quit the coalition and bring down a government, small parties enjoy powers they should not be entitled to. We need to change the rules here. Maybe we should only allow pre-election coalition partnerships. But what happens if pre- election partnerships fail to get the required majorities? If post-election partnerships are allowed, can we ban their dissolution before 5 years are over? This will bring stability to the running of the government. These things need to be discussed. National parties v/s regional parties: Should we have a rule that limits Lok Sabha elections to only national parties? Should we tighten the description of a national party? Today, if a regional party has a presence in a mere 4 states, it is called a national party. Even the RJD was considered a national party because it had made some gains in the North East (it was subsequently de-recognized). Likewise, the NCP today is called a national party because of its performance Reforms... in the North East. Since the time this rule was framed, many more states have got created. Maybe today, the rule should be that the party must be represented in at least 8-10 states. Fortunately, in spite of the rather simple qualification criteria, there are only six national parties – the Congress, the BJP, the NCP, the CPI, the CPI(M) and the BSP. So in reality, there are only four groupings – the Congress and NCP as the 1st, the CPI and CPI(M) as the 2nd, the BJP as the 3rd and the BSP as the 4th. Maybe if the rules were tightened, the BSP would be eliminated. Maybe we should allow only the BJP, the Congress or the Left to form the central government. State parties could of course join any of these dispensations, but they would not be allowed to leave the coalition for five years. As is clear, there are many areas of reforms possible with respect to elections. Right to Reject a candidate is a flawed concept as per most political analysts. Do we really vote for candidates at all? Or do we vote for political parties? Similarly, Right to recall a candidate is a flawed concept since even the winning candidate gets less than 50% of votes in most constituencies. So if a right-to-recall was exercised, almost all winning candidates could be recalled. Besides, if we can clean up our election system, we may not even need to recall our elected representatives. Read further : http://www.liberalsindia.com/freedomfirst/ff454-01.html http://www.mainstreamweekly.net/article1049.html