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The Role of the Opposition in Democracy
Introduction
A democracy operates on the basis that there is room for choice all the
way up to the selection of the government. This implies that the
legislature, which makes the laws for the country, must itself provide
an opportunity for various views to be heard throughout the term.
These views should encompass not only those on the government
benches (some of whom may want to suggest variations in procedure
to those envisaged by the Ministers in the Cabinet), but also those
who are opposed to the policies underlying the ways of operation. In
other words, lawfully elected representatives of the people must be
able to present and discuss alternative policy options even if they are
not part of the government and do not have an immediate way of
making their plans succeed.
Such a political grouping within a legislature is called the opposition
and commonly refers to all those parties that do not constitute the
government. The leader of the largest party in parliament becomes
the Leader of the Opposition. That such opposition can be provided
constructively without transgressing the constitution or being
disloyal to the nation has been accepted by democracies for several
centuries. In the United Kingdom, the term ‘His Majesty’s opposition’
was first used by the reformist MP, John Cam Hobhouse, in the early
19th Century and the use of the related term ‘the loyal opposition’, is
now commonplace in many Commonwealth legislatures.
Far from disloyalty, voters now expect that their representative will
play an active role in parliament whether as a government or as an
opposition MP. The acceptance by society of a valid role for the
opposition is in itself an important underpinning for the work of the
legislature. It is equally important that the government accepts a role
for the opposition, however small it may be in relation to the
government, and that the media give space to the views of the
opposition in their reports of the affairs of parliament.
It is worthwhile to note that especially in legislatures where
representatives are elected on a
first-past-the-post system, a numerically small opposition may well
represent a very large proportion of voters. Whether this is the case
or not, the opposition clearly has a very important role to play in a
democratically elected legislature.
The Functions of the Opposition
A Member of Parliament plays several roles in the legislature,
sometimes summarized as a legislator enacting laws, a representative
of his or her constituents, a scrutinizer of the work of the executive,
and a supporter or critic of proposals laid before the House. Members
of the opposition must accept that opportunities for their work as
initiators of legislation will be limited but their role as
representatives is undiminished and greater burdens devolve on
opposition Members than on government backbenchers in regard to
scrutiny and oversight.
At the same time, the opposition has a duty to themselves and to their
voters to play the role of an alternative government and indeed, the
role of a government in waiting. In the more mature democracies,
this is well recognized and the leader of the largest opposition party is
often given access to sensitive information on the basis that he or she,
as the Prime Minister in waiting, has to be ready to perform the role
of running the country at comparatively short notice. The opposition
has the responsibility to give attention to the continuous development
of its policies and to keep these in view before parliament and the
people. The major challenge for the opposition is its need to be seen
as credible in this role. In order to do that it must be as responsible,
respected and united as a political party and it must create policies
that are relevant to the day-to-day lives of people. Parliament
provides a good forum for an effective opposition and must be used as
such.
The government also has its responsibilities to the opposition. In the
first instance, sufficient resources should be provided for carrying
out the work of a ‘loyal opposition’. There must be an adequate level
of access to sources of information including those available to
Ministers and their civil servants and for fair advice from
parliamentary officials including parliamentary counsel or draftsmen
where such persons are available. There must be some funding for
publicity and for use of the media. Finally there must be recognition
of the special place of the Leader of the Opposition and front-bench
opposition spokespersons. It is instructive to note that, while the role
of the opposition has been recognized for centuries, the payment of a
salary to the Leader of the Opposition has been a practice for only a
few decades even in the older parliaments.
Scrutiny and Accountability
One of the main functions of the opposition is its work in scrutinizing
the operations of the executive, that is, exercising the oversight of the
implementation of the law from the angle of performance and
accountability and, especially, the use of the finances granted to the
executive for its work. This is perhaps where an opposition can not
only make a sound contribution towards the efficient running of the
country but also can make its own points and demonstrate how their
policies might have achieved better results.
There is a battery of mechanisms available to Members interested in
scrutinizing the work of the executive. The most visible of these are
questions put to the Prime Minister and Cabinet Ministers for answer
in parliament. The opposition can also ask for time to debate or raise
a particular issue, which will be allowed under Standing Orders and
practices of most Commonwealth legislatures. Parliamentary
committees involved with scrutiny provide the most extensive
opportunities for the opposition. However, some MPs will regard it as
a disincentive that most of the work of committees goes unreported
either because they meet in the House or because their work is less
exciting to the media and to much of society than the debates in open
parliament.
Oppositions sometimes feel that they should be given a majority on
certain committees, especially those dealing with scrutiny. This is
unrealistic as the purpose of setting up committees is not to create a
majority where none exists. It must be accepted that the government
was elected to rule and that the opposition’s role is constructive
criticism and keeping alternative policies in view.
Once again, the opposition has to be adequately resourced if its
Members are to raise questions and suggest methodologies that are
well researched. Otherwise they could end up wasting the time of
parliament with bad effects not just for the opposition but also for
democracy as a whole.
Legislation and the Opposition
A common frustration among Members of the opposition is that,
while the central task of a legislature is to carry out a program of
legislation, they can only play what may seem a
peripheral part in it. The frustration lies in the perception rather than
in the reality because there are various ways in which the opposition
can influence legislation and help or hinder its passage through
parliament.
Much of this work will depend on the ways in which the opposition
whips relate to their opposition counterparts on the government
benches and the relationship with the Speaker in regard to fulfilling
his or her function of permitting business to proceed expeditiously,
but with adequate debate. While there will be debate in committees
after a bill has been presented to the House discussion behind the
scenes prior to the first reading can help to ensure that the
government is fully apprised of the opposition’s position on the bill
and is prepared to accept certain amendments.
The opposition can also present bills themselves, as can a government
backbencher, under certain limited procedural conditions. However,
they cannot be money bills. Only a Minister may present these in most
Commonwealth parliaments. In addition, unless they are of the type
that is classifiable as private bills or, related to granting a benefit to
some private individual or group, and are not controversial in nature,
they have very little chance of success because they are usually
constricted by a time limit as much as by the lack of numerical
support.
It is the duty of the opposition to make known in parliament the
feelings of those sectors of society whose views may otherwise be
ignored or unknown to the government.
The Opposition and Cooperation with Government
The opposition often has a difficult decision to make in regards to
supporting government on a piece of legislation or in working to a
consensus on a policy matter. This could be a statesmanlike approach
and in the national interest, but the possibility of negative perception
of such stances by civil society and the people can be damaging to the
opposition. In particular important minority interests that the
opposition represents may feel aggrieved or neglected if consensus is
too easily reached. This may result in the opposition putting forward
an alternative vieweven if the national interest dictates otherwise.
The opposition may have to be careful in how it presents itself in
relation to particular nongovernmental organizations (NGOs). These
may have their own disagreements with the government and will seek
to engage the opposition in their cause. If the opposition espouses the
position of the NGO, this may be misunderstood by others to mean
that the opposition agrees with the objectives and methods of action
of the NGO. This may be far from the truth and could damage the
interests of the opposition in relation to other components of society.
The opposition must be willing to argue out its position with civil
society and pressure groups.
Opposition in Indian Politics
Voices are becoming louder by the day that India’s government needs
a strong opposition. But there seems to be none on the horizon. This
has been the case for most of India’s independent history.
Instead of nurturing Opposition parties, India’s political system
actually harms them. The BJP is the only success story. This party
overcame India’s systemic challenges, and therein lies the hope for
India’s new opposition.
How Opposition MovementAgainst Congress Fizzled
Many well-meaning efforts made in the early years of India’s
Independence to provide opposition to the ruling Congress party
ended as total failures. These attempts were not made by small men,
inexperienced or politically un-savvy. Consider for example the
Swatantra Party, started by C Rajagopalachari and KM Munshi in
1959.
Both were stalwarts of India’s freedom movement and right-hand
men for Nehru and Patel. Rajagopalachari was Nehru’s first choice to
be India’s president, and Munshi was the Congress party’s chief
lieutenant in the Constituent Assembly. They formed the Swatantra
Party to provide an alternative to Congress’s growing statism.
Rajagopalachari said their party stood for “the protection of the
individual citizen against the increasing trespasses of the state. It is
an answer to the challenge of the so-called socialism of the Indian
Congress Party.”
Such a centre-right party was desperately needed in India’s polity.
The Swatantra Party made good electoral progress. In its first general
election it emerged as the second biggest party, ahead of the
Communist Party, Socialist Party, and Jan Sangh. By 1967, it had 9.6
percent of the votes nationwide and 44 seats in Parliament. But by
1974, the party had disappeared.
Similar is the story of many other opposition movements. The
Socialist Party formed by Jayaprakash Narayan and Ram Manohar
Lohia lasted only 20 years; the Kisan Majdoor Party by Acharya
Kriplani merged with socialists within two years; the Republican
Party started by BR Ambedkar fragmented into many factions soon
after his death in 1956.
Factors that Hinder Growth of Robust Opposition
India is unable to produce robust Opposition parties or leaders due to
several features of its system of government. At least six fundamental
problems come to mind:
First, by not giving Opposition parties any power whatsoever, our
system ensures that they don’t last.
By design, and in the name of efficiency, the parliamentary system
keeps the Opposition toothless. It can make speeches, ask questions
in Parliament, or walk out. But it cannot pass legislation, affect
government programs, or influence executive officials.
This makes the members of the Opposition useless to their
constituents. Within a short while, they begin to lose support.
Second, our system grants power to parties, not to individual MPs.
This causes fragmentation of the Opposition. Ambitious Opposition
leaders must form their own outfits to bargain with the ruling party
and come to power. Small local and regional parties proliferate.
Third, India’s system impairs the Opposition by driving them to vote
banks and extremism. To stay relevant and avoid breakups, parties
begin to represent one special interest, caste, or religion. They
inflame the feelings of their constituents, make outrageous promises,
and breed hatred of other groups. Since in the parliamentary system,
there are no nationwide elections, parties don’t have to come together
on a centrist programme.
Fourth, our system also doesn’t help Opposition parties acquire good
leaders or become strong organizations. Most parties stay small due
to the reasons cited above, and thus remain one-man shows.
Even larger parties are under no pressure to decentralize, hold
internal elections, or select candidates through primary elections.
Hence, they produce poor leaders and function like dynasties.
Fifth, our system doesn’t provide Opposition parties with institutions
to hone their skills. Unlike the UK, India’s Opposition is not offered a
shadow Cabinet, or opportunities to pass private member bills. So the
Opposition always lacks an agenda, and its members become party
hacks adept only at bluster.
And last but perhaps worst, India’s system allows the ruling party to
scare the Opposition into submission. The use of the CBI, tax, and
other government agencies against Opposition leaders is
commonplace. This harms their reputation and scares good people
away from politics.
How BJP Overcame Systemic Challenges
It is for these reasons that it took the BJP 60 years to become a strong
party and come to power. Its precursor, the Jan Sangh, took three
decades only to be a part of the failed Janata Party coalition in 1977.
Even in its new incarnation, the BJP was down to two seats in
Parliament in 1984. It was only after the 1989 Ayodhya movement
that the party came to prominence.
The BJP had two key strengths that the other parties lacked: an
ideology that could rally the majority Hindu population, and a
grassroots organization in the RSS. Since 1925, the RSS was
systematically mobilizing Hindu youth into an institution.
These fundamental strengths allowed the BJP to survive and grow. It
was able to rely on the RSS organisation and support without being in
power. It didn’t fragment because individual leaders came from RSS
ideology and depended on that institution.
It didn’t have to chase a vote bank because it already represented the
biggest vote bank, the Hindu majority. And it had no dearth of
leaders, because the RSS training provided ideologues with
organizational skills.
Lessons for New Opposition
The BJP’s success points to factors that are necessary for new
Opposition in India to emerge. It must have a centrist ideology that
appeals to the majority of the people. It must be supported by a rank-
and-file organization, with a decentralized structure. It must practice
internal democracy to bring up good leaders. And it must have a
practical agenda, with good slogans.
A broad ideology is the first requirement. Such a vision must appeal
to minorities as well as Hindus. The existing formula of anti-BJP
parties, the so-called secularism, has lost its appeal. The new
Opposition must believe in true secularism, rooted in uniform laws
and separation of religion and state.
Similarly, socialism is passé. For any new opposition to succeed, it
must propagate a new political creed, based on liberty,
egalitarianism, individualism, populism, and laissez faire.
Sadly for the country, however, India’s new Opposition should expect
no help from her current system of government. And while change
may be in the air, such a fundamental change requires consensus, and
hard work over a long stretch of time.

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ROLE OF OPPOSITION IN DEMOCRACY.docx

  • 1. The Role of the Opposition in Democracy Introduction A democracy operates on the basis that there is room for choice all the way up to the selection of the government. This implies that the legislature, which makes the laws for the country, must itself provide an opportunity for various views to be heard throughout the term. These views should encompass not only those on the government benches (some of whom may want to suggest variations in procedure to those envisaged by the Ministers in the Cabinet), but also those who are opposed to the policies underlying the ways of operation. In other words, lawfully elected representatives of the people must be able to present and discuss alternative policy options even if they are not part of the government and do not have an immediate way of making their plans succeed. Such a political grouping within a legislature is called the opposition and commonly refers to all those parties that do not constitute the government. The leader of the largest party in parliament becomes the Leader of the Opposition. That such opposition can be provided constructively without transgressing the constitution or being disloyal to the nation has been accepted by democracies for several centuries. In the United Kingdom, the term ‘His Majesty’s opposition’ was first used by the reformist MP, John Cam Hobhouse, in the early 19th Century and the use of the related term ‘the loyal opposition’, is now commonplace in many Commonwealth legislatures. Far from disloyalty, voters now expect that their representative will play an active role in parliament whether as a government or as an opposition MP. The acceptance by society of a valid role for the opposition is in itself an important underpinning for the work of the legislature. It is equally important that the government accepts a role for the opposition, however small it may be in relation to the government, and that the media give space to the views of the opposition in their reports of the affairs of parliament.
  • 2. It is worthwhile to note that especially in legislatures where representatives are elected on a first-past-the-post system, a numerically small opposition may well represent a very large proportion of voters. Whether this is the case or not, the opposition clearly has a very important role to play in a democratically elected legislature. The Functions of the Opposition A Member of Parliament plays several roles in the legislature, sometimes summarized as a legislator enacting laws, a representative of his or her constituents, a scrutinizer of the work of the executive, and a supporter or critic of proposals laid before the House. Members of the opposition must accept that opportunities for their work as initiators of legislation will be limited but their role as representatives is undiminished and greater burdens devolve on opposition Members than on government backbenchers in regard to scrutiny and oversight. At the same time, the opposition has a duty to themselves and to their voters to play the role of an alternative government and indeed, the role of a government in waiting. In the more mature democracies, this is well recognized and the leader of the largest opposition party is often given access to sensitive information on the basis that he or she, as the Prime Minister in waiting, has to be ready to perform the role of running the country at comparatively short notice. The opposition has the responsibility to give attention to the continuous development of its policies and to keep these in view before parliament and the people. The major challenge for the opposition is its need to be seen as credible in this role. In order to do that it must be as responsible, respected and united as a political party and it must create policies that are relevant to the day-to-day lives of people. Parliament provides a good forum for an effective opposition and must be used as such. The government also has its responsibilities to the opposition. In the first instance, sufficient resources should be provided for carrying out the work of a ‘loyal opposition’. There must be an adequate level of access to sources of information including those available to Ministers and their civil servants and for fair advice from parliamentary officials including parliamentary counsel or draftsmen where such persons are available. There must be some funding for
  • 3. publicity and for use of the media. Finally there must be recognition of the special place of the Leader of the Opposition and front-bench opposition spokespersons. It is instructive to note that, while the role of the opposition has been recognized for centuries, the payment of a salary to the Leader of the Opposition has been a practice for only a few decades even in the older parliaments. Scrutiny and Accountability One of the main functions of the opposition is its work in scrutinizing the operations of the executive, that is, exercising the oversight of the implementation of the law from the angle of performance and accountability and, especially, the use of the finances granted to the executive for its work. This is perhaps where an opposition can not only make a sound contribution towards the efficient running of the country but also can make its own points and demonstrate how their policies might have achieved better results. There is a battery of mechanisms available to Members interested in scrutinizing the work of the executive. The most visible of these are questions put to the Prime Minister and Cabinet Ministers for answer in parliament. The opposition can also ask for time to debate or raise a particular issue, which will be allowed under Standing Orders and practices of most Commonwealth legislatures. Parliamentary committees involved with scrutiny provide the most extensive opportunities for the opposition. However, some MPs will regard it as a disincentive that most of the work of committees goes unreported either because they meet in the House or because their work is less exciting to the media and to much of society than the debates in open parliament. Oppositions sometimes feel that they should be given a majority on certain committees, especially those dealing with scrutiny. This is unrealistic as the purpose of setting up committees is not to create a majority where none exists. It must be accepted that the government was elected to rule and that the opposition’s role is constructive criticism and keeping alternative policies in view. Once again, the opposition has to be adequately resourced if its Members are to raise questions and suggest methodologies that are well researched. Otherwise they could end up wasting the time of
  • 4. parliament with bad effects not just for the opposition but also for democracy as a whole. Legislation and the Opposition A common frustration among Members of the opposition is that, while the central task of a legislature is to carry out a program of legislation, they can only play what may seem a peripheral part in it. The frustration lies in the perception rather than in the reality because there are various ways in which the opposition can influence legislation and help or hinder its passage through parliament. Much of this work will depend on the ways in which the opposition whips relate to their opposition counterparts on the government benches and the relationship with the Speaker in regard to fulfilling his or her function of permitting business to proceed expeditiously, but with adequate debate. While there will be debate in committees after a bill has been presented to the House discussion behind the scenes prior to the first reading can help to ensure that the government is fully apprised of the opposition’s position on the bill and is prepared to accept certain amendments. The opposition can also present bills themselves, as can a government backbencher, under certain limited procedural conditions. However, they cannot be money bills. Only a Minister may present these in most Commonwealth parliaments. In addition, unless they are of the type that is classifiable as private bills or, related to granting a benefit to some private individual or group, and are not controversial in nature, they have very little chance of success because they are usually constricted by a time limit as much as by the lack of numerical support. It is the duty of the opposition to make known in parliament the feelings of those sectors of society whose views may otherwise be ignored or unknown to the government. The Opposition and Cooperation with Government The opposition often has a difficult decision to make in regards to supporting government on a piece of legislation or in working to a
  • 5. consensus on a policy matter. This could be a statesmanlike approach and in the national interest, but the possibility of negative perception of such stances by civil society and the people can be damaging to the opposition. In particular important minority interests that the opposition represents may feel aggrieved or neglected if consensus is too easily reached. This may result in the opposition putting forward an alternative vieweven if the national interest dictates otherwise. The opposition may have to be careful in how it presents itself in relation to particular nongovernmental organizations (NGOs). These may have their own disagreements with the government and will seek to engage the opposition in their cause. If the opposition espouses the position of the NGO, this may be misunderstood by others to mean that the opposition agrees with the objectives and methods of action of the NGO. This may be far from the truth and could damage the interests of the opposition in relation to other components of society. The opposition must be willing to argue out its position with civil society and pressure groups. Opposition in Indian Politics Voices are becoming louder by the day that India’s government needs a strong opposition. But there seems to be none on the horizon. This has been the case for most of India’s independent history. Instead of nurturing Opposition parties, India’s political system actually harms them. The BJP is the only success story. This party overcame India’s systemic challenges, and therein lies the hope for India’s new opposition. How Opposition MovementAgainst Congress Fizzled Many well-meaning efforts made in the early years of India’s Independence to provide opposition to the ruling Congress party ended as total failures. These attempts were not made by small men, inexperienced or politically un-savvy. Consider for example the Swatantra Party, started by C Rajagopalachari and KM Munshi in 1959. Both were stalwarts of India’s freedom movement and right-hand men for Nehru and Patel. Rajagopalachari was Nehru’s first choice to be India’s president, and Munshi was the Congress party’s chief
  • 6. lieutenant in the Constituent Assembly. They formed the Swatantra Party to provide an alternative to Congress’s growing statism. Rajagopalachari said their party stood for “the protection of the individual citizen against the increasing trespasses of the state. It is an answer to the challenge of the so-called socialism of the Indian Congress Party.” Such a centre-right party was desperately needed in India’s polity. The Swatantra Party made good electoral progress. In its first general election it emerged as the second biggest party, ahead of the Communist Party, Socialist Party, and Jan Sangh. By 1967, it had 9.6 percent of the votes nationwide and 44 seats in Parliament. But by 1974, the party had disappeared. Similar is the story of many other opposition movements. The Socialist Party formed by Jayaprakash Narayan and Ram Manohar Lohia lasted only 20 years; the Kisan Majdoor Party by Acharya Kriplani merged with socialists within two years; the Republican Party started by BR Ambedkar fragmented into many factions soon after his death in 1956. Factors that Hinder Growth of Robust Opposition India is unable to produce robust Opposition parties or leaders due to several features of its system of government. At least six fundamental problems come to mind: First, by not giving Opposition parties any power whatsoever, our system ensures that they don’t last. By design, and in the name of efficiency, the parliamentary system keeps the Opposition toothless. It can make speeches, ask questions in Parliament, or walk out. But it cannot pass legislation, affect government programs, or influence executive officials. This makes the members of the Opposition useless to their constituents. Within a short while, they begin to lose support. Second, our system grants power to parties, not to individual MPs. This causes fragmentation of the Opposition. Ambitious Opposition leaders must form their own outfits to bargain with the ruling party and come to power. Small local and regional parties proliferate. Third, India’s system impairs the Opposition by driving them to vote banks and extremism. To stay relevant and avoid breakups, parties begin to represent one special interest, caste, or religion. They inflame the feelings of their constituents, make outrageous promises,
  • 7. and breed hatred of other groups. Since in the parliamentary system, there are no nationwide elections, parties don’t have to come together on a centrist programme. Fourth, our system also doesn’t help Opposition parties acquire good leaders or become strong organizations. Most parties stay small due to the reasons cited above, and thus remain one-man shows. Even larger parties are under no pressure to decentralize, hold internal elections, or select candidates through primary elections. Hence, they produce poor leaders and function like dynasties. Fifth, our system doesn’t provide Opposition parties with institutions to hone their skills. Unlike the UK, India’s Opposition is not offered a shadow Cabinet, or opportunities to pass private member bills. So the Opposition always lacks an agenda, and its members become party hacks adept only at bluster. And last but perhaps worst, India’s system allows the ruling party to scare the Opposition into submission. The use of the CBI, tax, and other government agencies against Opposition leaders is commonplace. This harms their reputation and scares good people away from politics. How BJP Overcame Systemic Challenges It is for these reasons that it took the BJP 60 years to become a strong party and come to power. Its precursor, the Jan Sangh, took three decades only to be a part of the failed Janata Party coalition in 1977. Even in its new incarnation, the BJP was down to two seats in Parliament in 1984. It was only after the 1989 Ayodhya movement that the party came to prominence. The BJP had two key strengths that the other parties lacked: an ideology that could rally the majority Hindu population, and a grassroots organization in the RSS. Since 1925, the RSS was systematically mobilizing Hindu youth into an institution. These fundamental strengths allowed the BJP to survive and grow. It was able to rely on the RSS organisation and support without being in power. It didn’t fragment because individual leaders came from RSS ideology and depended on that institution. It didn’t have to chase a vote bank because it already represented the biggest vote bank, the Hindu majority. And it had no dearth of leaders, because the RSS training provided ideologues with organizational skills.
  • 8. Lessons for New Opposition The BJP’s success points to factors that are necessary for new Opposition in India to emerge. It must have a centrist ideology that appeals to the majority of the people. It must be supported by a rank- and-file organization, with a decentralized structure. It must practice internal democracy to bring up good leaders. And it must have a practical agenda, with good slogans. A broad ideology is the first requirement. Such a vision must appeal to minorities as well as Hindus. The existing formula of anti-BJP parties, the so-called secularism, has lost its appeal. The new Opposition must believe in true secularism, rooted in uniform laws and separation of religion and state. Similarly, socialism is passé. For any new opposition to succeed, it must propagate a new political creed, based on liberty, egalitarianism, individualism, populism, and laissez faire. Sadly for the country, however, India’s new Opposition should expect no help from her current system of government. And while change may be in the air, such a fundamental change requires consensus, and hard work over a long stretch of time.