DEMOCRACY IN INDIA

ISSUES AND CHALLENGES

A Textbook in Political Science
for Class XII

Author
A.S. Narang

Editor
Nalini Pant

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NATIONAL COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING
 First Edition
ISBN 81-7450-195-9
May 2003
Jyaistha 1925

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© National Council of Educational

Research and Training, 2003

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 SS ee,

FOREWORD

Political Science is introduced as an elective subject at the Higher Secondary

Stage. At the Secondary Stage of school education, the study of civics as a
component of Social Science, has been dealt with in a very general manner
avoiding the rigours of Political Science. In fact during the first ten years of
schooling the learners study the working of civic and political institutions,
and the contemporary problems facing India and the world. In consonance
with the objectives of general education, the focus during these years is on
the development of an understanding of the various Civic and political
processes which form an important component of an integrated Social Science
syllabus which has been introduced up to the Secondary Stage.
The present textbook entitled Democracy in India: Issues and Challanges
is a new book based on the new syllabus of Political Science developed by
National Council of Educational Research and Training (NCERT) as a follow
up of the National Curriculum Framework for School Education — 2000
(NCFSE— 2000). In keeping with the approach of the new syllabus the present
book aims at developing among the pupils the knowledge and understanding
of the functioning of Indian Democracy. The course content also aims at
inculcating in them the values of democratic culture and of scientific temper.
Some of the core areas mentioned in the NCFSE — 2000 have been
suitably infused into the relevant chapters of the book. Besides the terminal
exercises at the end of each chapter, the book also contains a glossary of
difficult terms and concepts.
The Council is grateful to the author for taking considerable pains in
developing the manuscript, which was thoroughly reviewed in a review
workshop by subject experts and experienced teachers. The NCERT is
thankful to the editor, subject experts and teachers whose suggestions and
comments have helped in finalising the manuscript.
Comments and suggestions from the users of this textbook are welcome.

J.S. Rasput
Director
March 2003 National Council of Educational
New Delhi Research and Training
a
CONSTITUTION OF INDIA
Part IVA

Fundamental
Duties of Citizens

ARTICLE 51A
Fundamental Duties - It shall be the duty of every citizen of India —
{a) to abide by the Constitution and respect Its ideals and institutions,
the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national
struggle for freedom;

{c) to uphold and protect the sovereignty, unity and integrity of India;
{d} to defend the country and render national service when calied upon
to do so;

{e) To promote harmony and the spirit of common brotherhood amongst

all the people of India transcending religious, linguistic and regional
or sectional diversities; to renounce practices derogatory to the
dignity of women;
113) to value and preserve the rich heritage of our composite culture;

to protect and improve the natural environment including forests,

lakes, rivers, wild life and te have compassion for living creatures;

{h) to develop the scientific temper, humanism and the spirit of Inquiry
and reform;
fi) to safeguard public property and to abjure violence;

0 to strive towards excellence in all spheres of individual and collective

activity so that the nation constantly rises to higher levels of
endeavour and achievement.
 PARTICIPANTS OF THE REVIEW WORKSHOP

A.S, Narang S.M.Sharma

Professor (Political Science) Principal (Retd)
School of Social Sciences A-777, Sarita Vihar
IGNOU New Delhi
Maidangarhi, New Delhi
R.S.Pasricha
Nalini Pant Vice-Principal (Retd)
Former Professor (Political Science) 331-B, Mianwali Colony
BHU, 104 Tagore Town Gurgaon
Allahabad

D.A. Mane Asha Kamath

Head Senior Teacher
Department of Political Science Demonstration School
Mysore University, Mysore RIE Mysore, Mysore

Gopa Kumar P.K.Mishra

Head Reader (Political Science)
Department of Political Science RIE, Bhubaneswar
University of Kerala Bhubaneswar, Orissa
Trivandrum, Kerala
NCERT Faculty
R.K. Anand DEPARTMENT OF SOCIAL SCIENCES AND HUMANITIES
Director
School of Correspondence Course Sanjay Dubey
University of Delhi, Delhi Reader

Benny Joseph W. Themmichon

Assistant Director Lecturer
School of Distance Education
Mahatma Gandhi University Supta Das (Coordinator)
Kottayam, Kerala Lecturer SG
 GANDHIJ?S TALISMAN

“T will give you a talisman.Whenever

you are in doubt or when the self
becomes too much with you, apply
the following test :
Recall the face of the poorest and
the weakest man whom you may
have seen and ask yourself if the
step you contemplate is going to be
of any use to him. Will he gain
anything by it ? Will it restore him
to a control over his own life and
, destiny ? In other words, will it lead
OY, to Swaraj for the hungry and
e7)
7
spiritually starving millions ?
h; Then you will find your doubts and |
your self melting away.” ‘ yy,

23 prbeLamSe nS
ty\ a:
‘ ee x : DK M6
ery SBD PA) if @~. Cy GF
 CONTENTS

FOREWORD iii

INTRODUCTION : DEMocRACY IN INDIA 1-5

Unit I : Elections in India 7-47

1. Adult Franchise and Electoral Participation 9

2. Election Commission and Election Procedure 21
3. Election Reforms 33

Unit Il : Party System, Public Opinion and Interest Groups 49-95

4. Political Parties and Party System 51
5. National and State Parties 64
6. Formation of Public Opinion 79
7. Interest Groups and Pressure Groups 86

Unit MI : Development and Democracy 97-138

8. Socio-Economic Development and Planning in India 99
9. Multi Level Planning and Role of District Development 112
Agencies
10. Development of Weaker Sections : Scheduled Castes, 120
Scheduled Tribes and Other Backward Classes
_ll. Development of Weaker Sections : Women 131

Unit IV : Challenges and Responses 139-185

to Indian Democracy
12. Inequality : Social and Economic 141
13. Education and Illiteracy 152
 (viii)

14. Regional Imbalances : Regionalism, Linguism and Separatism 161

15. Communalism, Casteism and Political Violence 173

Unit V : India and the World 187-283

16. Foreign Policy of India : Determinants and Basic Principles 189
17. India and Her Neighbours : Nepal, Sri Lanka, China, 203
Bangladesh and Pakistan
18. India’s Relations with USA and Russia 226
19. India and the United Nations 238
20. India and South Asian Association of 248
Regional Cooperation (SAARC)
21. India’s Role in Non-Aligned Movement 258
22. India’s Approach to Major World Issues: Disarmament, 269
Human Rights and Globalisation

GLOSSARY 284-287
 Introduction : Democracy in India

‘JHE beginning of India’s provided for a representative democracy

independence on 15th of August in a liberal frame work. The main
1947 was a great day in the long and characteristics of liberal democracy are:
eventful history of this ancient country. e The government is formed by
The attainment of independence, elected representatives of citizens
however, was not an end in itself. It and is accountable and responsi-
was not only political freedom that ble to them.
the leaders of the freedom struggle e More than one political parties com-
were fighting for, but also for pete for political power.
the establishment of a new order of
e The competition for power is open
society. The leaders had a vision for
minimisation of economic and social and not secretive. It is through open
elections.
inequalities, removal of mass poverty,
unemployment and e There are periodic elections based
underemployment, restoration of on universal adult franchise.
human dignity, guarantee of civil e Pressure and other organised and
rights, restoration of communal unorganised groups are also
harmony and justice for all. These allowed to operate in the system.
hopes and expressions were embodied They are also able to influence
in the Constitution of India which was government decisions.
adopted on 26th January, 1950. The e Civil liberties, such as freedom of
visions were largely reflected through
speech, religion and association,
the Preamble to the Constitution and
the parts dealing with Fundamental etc. are guaranteed.
Rights and Directive Principles of State e There is separation of powers and
Policy. To achieve the prescribed goals, check by one over the other, e.g. control
the framers of the Indian Consti- over the executive by legislature.
tution relied completely on the norms The above characteristics primarily
of democracy. refer to the aspects of a democratic form
You might have already studied that of government. Most political thinkers
framers of the Indian Constitution of the present age, however, agree that
2 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

democracy does not mean merely a processes; government by the people or

form of government. In a broader and their representatives free and fair
moral sense, it means a way of life, an elections and respect for dissent
order of society, a way of social and and opposition.
economic relations, and above all a belief Many political thinkers and
system. Such a political and socio- observers believe that without social
economic system is based on the ideals and economic prerequisites, political
of dignity and equality of citizens, conditions of democracy cannot be
principles of equality, liberty, fraternity, achieved. They, therefore, suggest that
and justice and norms of government before a society or state decides to
responsible and accountable to people. be governed democratically, it is
These ideals, principles and norms to essential for it to have a minimum level
be implemented require certain of social and economic development.
conditions, which we may call as Many others, however, believe that
prerequisites of democracy. These democracy itself provides a better and
prerequisites are required in every successful means for attainment of
sphere — social, economic and political. social and economic development. The
The social conditions require: social framers of Indian Constitution were
equality of status, equality before fully committed to this view. In fact,
law and equality of opportunity; their faith in democracy was so deep
educationally and culturally developed that soon after independence they made
citizenry; absence of all kinds of provisions for the universal adult
discrimination; and equal opportunities suffrage, i.e. right to vote to every adult
to participate in social, cultural, and citizen without any discrimination.
educational processes. Economic Even in highly developed countries
conditions mean: absence of like UK and USA, this right was
widespread inequalities; fulfilment granted to all citizens gradually by
of minimum material needs for a stages. Therefore, it can be said that
dignified human existence; justifiable introduction of democracy in India, in
distribution of resources; equal the — then prevailing conditions, was
opportunities for gainful employment, a revolutionary act. Establishment
equal pay for equal work and of parliamentary democracy and
protection against exploitation: Political universal adult franchise, gave the
conditions include: rule of law; equality Indian masses a sense of identity and
of citizens and equal opportunities for also raised at new hopes.
participation in political affairs; The very first General Election of
guaranteed and protected rights — 1952 under the new Constitution was
particularly freedom of thought, belief hailed an epic achievement of a country
and expression. It also include freedom of millions of illiterates. Thereafter,
of participation in civil and political scholars and observers from all
INTRODUCTION : DEMOCRACY IN INDIA 3

over the world have been attracted There is also a considerable futuristic
by the successful working of a euphoria about the prospects of
system of popular democratic industrial, economic and technological
government based on adult franchise, progress. It is expected that by 2020,
guaranteed fundamental rights and India would be amongst the first 10
an independent judicial system. countries in terms of per capita income.
Successive general elections at It is also predicted that India would be
scheduled intervals and the peaceful the largest software developer in the
and relatively efficient manner in which world and its advances in space
they have been conducted, have technology would greatly enhance its
demonstrated that in spite of their potential for education, meteorology
poverty and widespread illiteracy, the and disaster management, etc. India is
people in general have proved the also playing an important role in
framers of the Constitution right. With world affairs.
every election, the base of democracy However, Indian democracy is
in India has got widened. This is flawed in many respects. India has not
particularly important in view of the been able to acquire a stable national
fact that in most of the countries which unity and the political system has not
attained independence after the Second been able to fulfil the aspirations of all
World War, democracy has been groups, sections, and classes. A vast
replaced by military dictatorship or majority of the Indian people are caught
one party system. In India, it has in the situation of abject poverty,
not only worked but has also illiteracy, and unemployment. More
provided a considerable amount of than 60per cent of the Indian
political stability. population does not have access to
In social and economic fields also, the basic sanitation. There is almost a
country has made great strides. Fifty collapse of public health. The
years ago, the life expectancy for the population has increased more than
average Indian was 27 years. It is now three times since independence. Of
63 years. The literacy level at the dawn course, the Gross National Product
of independence was much less than (GDP) has increased four fold and in the
what it is today. Agricultural last decade alone per capita GDP has
breakthrough of the early seventies has doubled. But in view of increase in
not only made India self-sufficient in food population and concentration of benefits
but we now produce surplus. Milk in few hands this increase remains
production has gone up significantly. At insufficient. Result is about 50 per cent
the time of independence, country of all children below 5 years of age are
produced just 1362 MW of electricity;| under weight and malnourished.
which is now over 10,000 MW. Industrial The reality of Indian society is the
production also has greatly diversified. fact that economic development has not
4 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

been accompanied by institutional losing faith in the electoral system. To

changes that could have moved it in an keep them in the game of elections,
egalitarian direction. It could not ambitious individuals have started
abolish mass poverty and was not able counting on caste base, communal,
to secure a minimum level of living and linguistic and regional loyalties.
opportunities for all its citizens. The Elections, as such, have become ends
richest 20 per cent have taken away in themselves, instruments of the status
about 50 per cent of the gains and the quo and of self promotion rather than
poorest 20 per cent are left with only of change. With this another serious
about 8 per cent. Almost 35 per cent factor has emerged; it is politicisation
of the population is below the of crime, and criminalisation of politics.
official poverty line. In human develop- Altogether, Indian society today
ment, India ranks 128th amongst presents a picture which is far from
173 countries as per the UN being in line with the lofty doctrines of
Human Development Report 2002. liberty, equality, fraternity, social
Representation of women at all the levels justice, secularism, fair play and
of government is not even 6 per cent. above all rule of law enshrined in
Relentless pursuit of power and wealth our Constitution. Instead of national
has been the dominant preoccupation integration, we now have growth
of many in public life. Consequently, of divisive forces and separatist
the ideals and aspirations which had elements and groups. Communalism,
inspired the millions to participate in the regionalism and casteism are becoming
struggle, still have remained to a large conspicuously visible forces that are
extent unrealised. weakening, if not actually negating the
There is thus a peculiar situation. attempts to build solidarity into
The very fact of political independence, Indian society.
establishment of Parliamentary During the last 55 years of India’s
government and grant of universal adult independence, India has witnessed both
franchise, has given the common people successes and failures in running the
of India a sense of identity as well as a democratic processes. Our country has
conscious recognition of their position achieved success in many fields. It has
of exploitation and discrimination. evolved a lasting Constitution, a viable
Politicians wanting their votes have political system, a functional federal
played up this feeling but have taken polity and strong democratic traditions.
no concrete action to see that the It has achieved a relatively self-reliant
weaker sections were given a economy. Quality of life has improved.
participatory and effective role in the India has achieved breakthrough in
socio-economic development of the science and technological research.
country. Consequently, people are Diverse races and ethno-lingual
getting alienated from the system and groups have been unified without
INTRODUCTION : DEMOCRACY IN INDIA 5

destroying their identities. Above all, adjust and evolve itself to conti-
a vast multi religious, multi ethnic nuously changing situations and
and multi cultural country has been circumstances. For that, it is
kept united. important to understand the existing
These achievements, however, are nature of system — how it has been
facing serious challenges from the working, why and what aberrations
negative trends that have crept in over and problems have crept in, what
the years. There has been of late lessons can be learnt from the past
stagnancy and decay in the political experiences and what needs to be
field. Economic development remains done? The purpose of this book on
dissatisfactory. India is still far behind Indian democracy is to make you
the developed countries. Caste, aware of all these and to prepare you
communal and linguistic tensions are participate in the system as a proud
growing in such proportion that the citizen of a great ancient country and
unity of the country appears to be contribute effectively in the task of
threatened. Society is looking towards making corrections, and improvement.
younger generation with hope. They There is no doubt that with the efforts
have to understand that democracy of younger generation India
cannot be frozen into a static mould can look forward to emerging as a
adopted at one time. It has to adapt, great nation.
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 Unit I
ELECTIONS IN INDIA
 Eres
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CHAPTER 1

Adult Franchise and

Electoral Participation

IKE other democracies of the UNIVERSAL ADULT FRANCHISE

/ present day world India, also is a
representative democracy. It means it While importance and significance of
is a system of government in which elections in a democracy has been
political decision making is done by the universally accepted, there has beena
elected representatives of the people. debate about who can vote. Conditions
For choosing representatives the most attached to such right to vote have
common method is elections and voting. varied both over time and within
Elections may not in themselves be a countries. For example, in United
sufficient condition for political Kingdom, to begin with, right to vote
representation, but there is little doubt was given only to men with property.
that they are a necessary condition. It was gradually extended during the
In fact elections are the very heart of nineteenth century. Until 1918 all men
democracy. It is through free and fair could vote but only some women
elections, the rulers are called to obtained this right. Women were
account and if necessary replaced. granted right to vote only in 1928. Now
Apart from giving an opportunity to in almost all democratic countries adult
citizens to participate in choosing their citizens irrespective of property,
representatives, elections are also education, race, religion, gender or
important instruments for political other differences have been given right
education, informing the people about to vote which is popularly known as
national problems and placing before Universal Adult Franchise/Suffrage.
citizens various alternatives of policies. Which offices or posts are subject to
Thus, there can be little doubt that elective principle depend on
elections are a vital part of any constitutional and governmental
democratic process by which people systems of each country. In some
exercise their political choice and their countries, large number of offices
right as citizens. Therefore, right to vote including those of Judiciary are elected
is provided to make elections ones whereas in some these are
meaningful and representative. primarily for legislative bodies. But in
10 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

general democratic principle accepts Sabhas); the majority system for

that at least those responsible for elections to the offices of President and
making laws and imposing taxes must Vice-President; and proportional
be elected. Another important aspect representation for Council of States
of elections in democracies is that (Rajya Sabha) and Legislative Councils
these are held periodically. That is (Vidhan Parishads). Details of these
representatives are elected for a fixed and procedures associated with them
tenure and they have to seek fresh will be discussed in the next chapter.
mandate at the end of tenure. For In this chapter let us first look at the
conducting elections there are various electoral politics in India in general in
methods as also rules and regulations the context of working of democracy.
framed by each country. These set of
methods and rules is called electoral ADULT FRANCHISE IN INDIA
system. We will discuss later some type
of prevailing electoral system. But you India is a Parliamentary democracy.
can keep in mind that an electoral Therefore, its governance draws its
system is essentially a method of ultimate legitimacy from the will of the
converting votes cast by electors to seats people which they exercise by
in the elected bodies. The central factor, participating in elections at regular
which distinguishes one electoral intervals. Citizens’ right to vote,
system from another, is the method by therefore is crucial in sustaining India’s
which it allocates seats. There are democracy. This right has been given
broadly three ways in which this can to the citizens by the Constitution of
be done: seats can be allocated to India. Article 326 of the Constitution
candidate obtaining plurality of votes provides that the Election to the House
(that is maximum among the of People and to the Legislative
contesting candidates), or candidates Assembly of every State shall be on the
obtaining a majority of the votes (more basis of adult suffrage; that is to say,
than 50 per cent), or to political parties every person who is a citizen of India
in proportion to percentage of votes and who is not less than 18 years of
polled by each of them. Accordingly, age (earlier up to 1989 it was 21 years)
there are three systems: plurality “on such date as may be fixed in that
system, majority system; and behalf by or under law made by the
proportional system. In India we have appropriate legislature and is not
all these three systems for elections to otherwise disqualified under this
various bodies and offices. Constitution”, has right to vote.
The plurality system which is also It is thus clear that every citizen of
known as the first past the post system India irrespective of caste, creed,
has been adopted for elections to the religion, sex, place of birth, social or
House of People (Lok Sabha) and State economic status etc. has an equal right .
Legislative Assemblies (Vidhan to vote. In other words, irrespective of
 FRANCHISE AND ELECTORAL PARTICIPATION et
ADULT

educational or economic status each elections have become one of the most
citizen’s value of vote is equal. central political processes in India.
Constitution, however, prescribes They are keenly contested and
certain conditions under which a citizen participated. During last 52 years of
becomes disqualified to be a voter. A the adoption of the Constitution, India
citizen having an unsound mind or has had thirteen general elections to the
having been punished for election Lok Sabha and various to the State
related offences comes under Legislative Assemblies. There had been
this category. democratic changes of governments,
The extension of political power both at the Centre and in States, several
(right to vote) to the common man of times through the electoral process.
India, is no doubt an important Though, during elections a number of
instrument of social justice. It may be aberrations and malpractices have crept
mentioned here that while even in many in, elections more or less have been
developed (Western) countries universal instrumental for peaceful change of
adult franchise developed in steps; in governments and expression of people’s
India, it was introduced right in the aspirations and protests.
beginning. Right to vote in India
was considered not only as an PoLiTICAL PARTICIPATION
essential mechanism for working of
Parliamentary democracy but also First general election was held in India in
as an instrument for achieving 1951-52 on the basis of adult suffrage.
socio-economic justice through This was a simultaneous election both for
peoples’ participation, accountable the Lok Sabha and all State Legislative
and responsible government and Assemblies. Second general election held
mobilisation of citizens’ participation in 1957 was also a simultaneous election.
in political process. It should also be In third general election in 1962, elections
kept in mind that apart from Lok Sabha for two State Assemblies i.e Kerala
and State Legislative Assemblies and Orissa could not be held
elections are also held for local self simultaneously with general election.
governance bodies like Municipal Similarly, in 1967, simultaneous elections
Committees and Corporations and could not be held in Nagaland and
Panchayati Raj Institutions, thus giving Pondichery along with fourth general
opportunity to voters to exercise their election to the Lok Sabha. After 1967,
control and choice at different levels. election to most of the assemblies had to
Elections are also held for the offices of be held separately from that of Lok
President and Vice-President of India; Sabha. Fifth general election for Lok
but in these citizens do not participate Sabha was held in 1971 and thereafter
directly, it is their representatives in general elections were held in 1977,
Parliament and Legislative Assemblies 1980, 1985, 1989, 1991, 1996, 1998
who vote in these elections. As a whole, and 1999.
12 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

In terms of participation in election, although the level of turn out

elections, there has been a steady for women is lower in some rural
increase in percentage of voting turn constituencies.
out (although, there have been some It clearly shows that the at to
fluctuations here and there) (see Table vote and system of free elections has
1.1). Further, studies show that the drawn millions of very differently
increase has been both in urban and situated people into the political
rural areas. Similarly participation by process, opening up opportunities for
women has also increased with each them in sharing and controlling power
Table 1.1: General Elections at a Glance

| 220,478 —

Gy S725 5m

| 358,208

* Excluding Jammu and Kashmir

Sources : PIB, Ministry of Information and Broadcasting and Election Commission of India.
ADULT FRANCHISE AND ELECTORAL PARTICIPATION 13

and in claiming a share in the benefits. SHORT TERM INFLUENCES

At the same time, it is also true that
the act of voting itself is not evidence Short term influences are specific toa
of political awareness or involvement. particular election and therefore do not
Many a times voters are just pushed determine the voting patterns in
into and coerced to vote in favour of general. An important short term factor
candidates either under emotional is the state of economy at the time of
pressures of caste, religion or election. This includes situation of
community or under threat from unemployment, inflation, availability
economically and socially powerful. or non-availability of essential
Voting by such uninformed and commodities, etc. We have cases in
disinterested voters obviously is India when main issue of election
qualitatively different from voting by campaign had been\the price of
one who is politically conscious. commodities like onion or governments
Results of various elections and trends inability to control inflation. Local
of voting also suggest that voting conditions of life, like water and power
behaviour of Indian voter is not supply, road conditions, law and order
determined by any single factor. These situation has also determined voting
include social, political and economic behavior either in general or in
factors. Let us look at how various particular constituencies. Another
factors determine voter's participation short term influence on voting is the
and behaviour. personality and public standing of
party leaders. In 1971, charismatic
leadership of Indira Gandhi and her
DETERMINANTS OF ELECTORAL
PARTICIPATION AND BEHAVIOUR
popularity won a number of votes for
her party. In 1985, Rajiv Gandhi's
As has already been mentioned, youthful and honest image influenced
elections provide the people with various sections of voters. Again in
opportunity to influence the political 1989 V.P. Singh’s growing popularly
process, and also help directly or made many people to vote for him and
indirectly, to determine who will hold his allies. Similarly in 1999 elections,
government power. Elections are also Atal Bihari Vajpayee’s charismatic
a visible manifestation of public interest. personality brought quite a few votes
The reason to vote and vote in favour of for his alliance. Let it be clear that image
a candidate, therefore, is determined by and popularity of leaders by itself is only
both individual's own reasons and one of the factors to influence voting
perceptions as also by her/his being a behavior and it may not remain for long.
part of a collectivity or group. At the Specific and significant events
same time the voting behavior is shaped preceding an election also influence the
both by short term and long term outcome of elections. India’s victory in
influences. Indo-Pak war over Bangladesh in
14 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

1971 brought large number of votes for LonGc TERM INFLUENCES

Congress (I) in State Assembly elections
in 1972; but in 1977 in the wake of Social
Proclamation of Emergency Congress Among the social factors influencing
lost votes both in Lok Sabha and State electoral behavior can be age, sex,
Assembly elections. In 1985, militancy education, inhabitation (rural or
in Punjab and some other parts of India urban), caste, community, religion, etc.
followed by the assassination of Prime Various election studies have shown
Minister Indira Gandhi brought differences in voting turn out and voting
sympathy votes to Congress (I) but behaviour of voters on these grounds.
again exposure of corruption took For instance, it has been found that
people away from Congress (I) in the younger people participate less. Voting
next election in 1989. In 1996 election, percentage is the highest between the
events — related to Ram Janma Bhumi age-group of 30 to 50 years and
brought gains for BJP and it emerged intermediate in the persons crossing 50
as the largest single party in Lok Sabha years. Similarly, it has been found that
for the first time. Again in 1999 in Indian situation women, as
elections for thirteenth Lok Sabha, compared to men, tend to be less
events like testing of nuclear bomb and politically efficacious, less politically
Kargil war did influence voting behavior interested and less informed.
of certain sections in favour of BJP and Particularly, in rural areas they either
its allies. don’t vote or vote according to the
Another short term influence that desires of men folk in the family. Higher
has become particularly important in level of education in general is
recent years is that of media. Patterns considered a critical norm for rational
of media coverage of issues, projection decision making. Many studies,
of leaders in good or bad light, conduct however, show that in terms of
of opinion polls, etc. do influence voting participation percentage illiterates or
behavior of a number of voters. But as persons with low education outnumber
has already been mentioned, all these the higher educated persons. Of course
factors have short term influences on in choosing the candidate the two may
voters. These may make some voters be acting differently.
vote in a particular way in a particular In terms of inhabitation, earlier
election. Of course a little shift in voting India’s urban constituencies were
behavior even of a section of voters can electorally more politicised but lately
some time significantly change the final rural voters have started participating
results. Nevertheless major influences in elections in a significant way and
on voters come from social, economic determining the election outcomes.
and ideological factors and these are There are, however, substantial
long term influences. variations from one election to another
 FRANCHISE AND ELECTORAL PARTICIPATION 15
ADULT

and among the different States. The Institutions have in fact helped existing
voting pattern of the two differs on ruling classes in consolidating and
issues as well as on caste loyalties. legitimising their power by using caste
Rural voters are influenced more by in electoral politics. We will study ina
caste considerations, while in urban subsequent chapter various aspects of
areas issues are considered important. casteism in politics . Here, it is important
to note that in Indian electoral
Caste behaviour, particularly in rural areas,
In India, it has become a very important caste has become an important
factor to influence electoral behaviour. instrument of mobilisation, a channel
People, particularly in rural areas are of communication, representation
motivated to vote because of caste and leadership.
loyalties. There are direct and indirect
Religion
appeals by contestants on caste and
sub-caste lines. Earlier it was higher Like caste another factor that has been
castes that used to mobilise their used to mobilise voters has been
support base. During last two decades religion. In a country like India where
Scheduled Castes and Other Backward people are deeply religious minded,
Castes have been significantly leaders find it quite useful to identify
mobilised on caste basis. There had themselves with the people on the basis
also been reports of higher castes’ of their religious sentiments — both in
intimidating or coercing lower castes to negative and positive terms and ask
vote according to their directions. In votes for them. In early years of
recent years, lower castes have become independence, some parties exploited
particularly active to react against such the apprehensions of minorities about
intimidation and consolidate and their safety and place in India in post
mobilise themselves to vote in partition conditions. Minorities,
accordance with their own choices. In therefore, chose parties keeping in view
this context an important development security of their religious identity and
is that leaders of all major parties and safety. These came-to be known as
formations agree that the crucial dalit communal vote banks.
‘vote can make or break their fortunes.
Economic Factors
Some observers find a very positive
aspect of introduction of use of caste in In terms of economic factors, it is
elections in India. This, they find is expected that people with higher, middle
the transfer of authority from the higher and lower income groups vote
to the middle castes and also a move differently. Higher and middle income
towards empowerment of lower castes. groups are more concerned with the
The other view is that the Adult problems of the society, are more
Franchise and elected Panchayati Raj politically aware and conscious of the
16 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

effects of governmental policies on their While socio-economic factors are

long term interests. The poorer sections very important in influencing
of the society, on the other hand, are individual’s and group’s voting
concerned with their personal economic behaviour, some political factors also
problems. Their main worry is making play a significant role in its long term
both ends meet, holding on to their jobs determination. Important factors are
or finding one. They therefore, vote to ideology, family and party association.
deal with the most immediate and In every society quite a number of
pressing livelihood problems. They may people are committed to certain
also be coerced to vote according to the ideologies and values like capitalist,
directions of their employers or malilks socialist, conservative, liberal, secular,
or to sell their votes. fundamentalist, etc. Their voting
Fact of the situation is that it is the behavior obviously is determined
majority of population living below and primarily by these commitments rather
just above the poverty line which has than short term influences or their
the major share of votes. Poor, illiterate, social status. In most cases ideological
superstitious with a sense of belonging commitment itself is determined by
only to the caste or religion and with one’s social status; for instance,
no access to proper communication this working class people tend to be tilted
enormous wave is driven to the polling towards socialist and communist
stations. Many studies have pointed
ideologies. Similarly, industrialists and
business people have a natural
out that voting by poor in the villages
tendency to favour capitalist values.
often follows the lines of what the malik
Political family background is also
says: whether they are labourers or
an important determinant. Early
share croppers, dalits or next higher
political socialisation in politically active
caste, the land owner dictates to them
families has direct and indirect
the party/candidate they have to vote
influence on children. In fact, parents
for. Of course, lot of awareness is coming
who are active or interested in politics
in these sections, but as yet their voting encourage their young children to
behavior is not determined according participate in elections according to
to their interests and choices. family traditions and associations. It .
There is also difference in voting is not necessary that children always
behaviour on class and professional/ follow their parental loyalties, but early
vocational basis. Choice of parties socialisation remains an important
by propertied and labour classes, determinant.
industrialists and farmers, business An important determinant in voting
men and professionals mostly depends behavior has been party identification
on class lines, though other factors of in the sense of psychological
caste, religion, etc. also play their role attachment to parties. There are people
in that. who are either formal members of
ADULT FRANCHISE AND ELECTORAL PARTICIPATION 17

political parties or identify themselves media has also started playing a very
wth a party. They are thus long term effective role in influencing voter's
supporters of parties and vote for them. choice. It is, therefore, very difficult to
In such cases voting is a manifestation describe the voting behaviour of a
of partnership, not a result of society in general. However, there are
calculation influenced by factors such some visible trends which point
as policies, personalities, campaigning towards the voting behaviour, of the
and media coverage. Party identification society in general and that of certain
in voting behavior was very strong in
groups and individual voters in
particular. Some of the important
the initial years of independence
patterns and trends in voting behaviour
because of people’s involvement in
are as given below:
freedom struggle and visions for a new
India. Now it is not that strong. Voters,
Voting for Parties
by and large prefer to vote on the basis
of their evaluation of parties from During the last thirteen General
election to election as also on the basis Elections it has emerged quite clear that
of other influences. Some long term in general, Indian voters vote for the
associations are still visible on party rather than the individual
ideological, traditional and caste or candidates. One result of this is that in
communal basis. Political parties, spite of close social relations and
however, are unable to depend on influences, independent candidates are
these firm commitments. Most of not able to perform. With the time,
fortune of independent candidates have
them, therefore, try to attract general
been fading significantly.
voters using various techniques
It is observed that though the voters
mentioned above.
vote for the party and not the
candidates, yet they are influenced by
ELECTORAL BEHAVIOUR the personality and popularity of the
PATTERNS AND TRENDS leader of the party. In this respect
individual remains important. This, of
From the above discussion of the course, is true in several cases and it is
determinants of voting behaviour, it because of this that most parties do
becomes clear that voter's decision does project the heroic images of their
not depend on any one factor. It is supreme leaders. A consequence of this
influenced by the social group she/he is that parties become dependent on
belongs to, her/his long term the image of leaders rather than their
association with political parties, programmes and ideologies.
understanding of issues involved in an
election, state of economy, prevailing Social Loyalties
social conditions, types of leaders While people in general vote for parties
leading the party, the party image, rather than individuals, it is found that
election campaign, etc. In addition, it is not only due to psychological or
18 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

ideological attachment to a party. In but have also developed a spirit of

fact they vote more as an expression of rebellion to be expressed in a
loyalty to a social group, like caste, democratic manner. By rejecting
religion, region, ethnicity, and class. An parties in power, in spite of alleged
important outcome of this is growth and misuse of official machinery and
success of caste and religion rigging, both at the Centre and in
based parties. This is contrary to the all the States, more than once people
belief that with modernisation and have shown that they are capable
development, traditional ties of caste of using election as a_ very
and religion will get weakened. This of effective instrument to throw out non-
course does not mean that individuals performing governments. Clear
do not focus on their personal self- example of this was rejection of
interest. In fact, as a result of various Proclamation of Emergency in 1977
developments, particularly due to the elections.
failure of economic development
process, individual’s self-interest in Mate DoMINATION
many cases has converged with social
group interest. Popularity of Bahujan Another trend in Indian elections
Samaj Party among Scheduled Castes, continuing from the very beginning
consolidation of Other Backward Castes is that of neglect of women’s
in Bihar and Uttar Pradesh, mushroom representation. Itis interesting to note
growth of caste associations every that during last two decades almost all
where, growth and success of regional political parties have been talking at
parties, and use of religious events and great length about empowerment of
issues in elections are manifestations women and have even promised
of these. 33 per cent reservation for them in
legislatures, but when question of
NATIONAL AND LOCAL ISSUES fielding candidates come most of them
neglect women candidates.
It is true that masses in hundreds and
thousands of Indian villages and in Money, Mepis anp Muscle
urban slums are unable to make a POWER
distinction between myth and reality
and are prone to emotional Another disturbing trend that has
mobilisation. Still their voting act is not emerged in Indian elections is the use
isolated from their evaluation of the of powers of money, media and muscle.
performance of governments or issues Unfortunately, during last three
at stake. In fact, various election decades or so political power in India
results prove that people have not only has become important in itself. It is
understood the importance of elections being used as an instrument for
 AND ELECTORAL PARTICIPATION 19
ADULT FRANCHISE

privileges, status quo and self-interest sustain democracy but enliven it as

well. It is in this background that

“
rather than for change. Elections have
become ends in themselves. These framers of Indian Constitution wisely
must be won at all costs. As a result, put their trust in people and decided
our electoral processes have been to have universal suffrage on the basis
considerably polluted. To win elections of equality of all citizens. They did it in
both candidates and parties apart from spite of reservations expressed by some
appealing to caste and religious that in a country like India universal
sentiments are using money power to suffrage would not work, because the
purchase votes and finance high pitched people were not educated, they were
campaigns. They are relying on backward and all that. In general,
criminals and mafias (muscle power) to people in India have proved framers of
coerce voters, capture booths and Indian Constitution right. In spite of
threaten opposition campaign. Services complexities of social structure in a
of media to build a leadex’s image, developing society people in India have
project party’s popularity through not only understood the importance of
manipulated reports or opinion polls, elections but have also used them for
report events in distorted ways that may rejecting non-performing governments
influence voter’s mind in favour of or and expressing their desire for change.
against a party, etc. are being used. Of course this does not mean that
All parties are compelled to put up voters behavior in India had been
candidates who can muster these always rational and informed. In fact,
resources in abundance, in order electoral behavior in India is very
to have a realistic chance of success. complex. On the one hand, it shows
There is no doubt, that willingly that people have the capacity to reject
or unwillingly, consciously or the party in power and express
unconsciously voting behavior of resentment on the exercise of power.
people is getting influenced by On the other hand, they prefer caste,
these powers. sub-caste, community and region
We have discussed above that rather than national groupings. In
elections lie at the heart of a democratic other words, when we examine a whole
process. It is through the instrument State or Country, the electoral verdict
of elections that notions of consent does broadly reflect public opinion of
and representation are translated into anger and frustration. But when we go
reality by conversions of votes into to the constituency level, we find that
seats in legislatures. Elections secure caste or sub-caste, religion, money and
people’s participation in public affairs, muscle power have mainly become the
ensure orderly transfer of power and determinants of political power. Local
provide the authority of government issues, caste, dissatisfaction with the
legitimacy. Elections thus, not only general performance of the party in
20 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

power, role of charismatic leaders and While such decline in values is a

local equations, all combined in many matter of concern, it does not meana
ways determine the voting behavior. At collapse of the system or failure of
the same time most people have showed democracy. In India democracy with
their ability to shift their attention and all its mechanism — party system,
passions from one loyalty to another. periodic election, institutionalised
So, they may vote in one election on procedure for transfer of power,
caste basis but very soon in another system of rights, etc. is operating
election at another level on class or issue well. No doubt, certain aberrations
basis. One thing, thus, is clear that have emerged in the system that need
people have developed a stake in the to be corrected. Since, politics is
democratic system. concerned with the promotion of
However, it is a matter of concern happiness and public good, it is
that value system is declining and there required that more and more
is a growing apathy towards the system democratic minded people intervene
among the educated. In response to in politics. We, therefore, have to
demands from hitherto deprived make collective efforts for restoration
groups who have become conscious of of the health and vitality of various
their rights and power politically institutions of democratic polity,
ambitious individuals and ruling including that of elections. At the
classes have started using ethnic and same time, we have to keep in mind
caste loyalties and money and muscle that democracy is not just the
power to remain in power. election; it is much more than that.

EXERCISES

1. What do you understand by Universal Adult Franchise? Explain its importance

in a democracy.
2. Explain the short term and long term factors which influence electoral
participation and behaviour.
3. What patterns and trends have emerged in voter’s behaviour in India over the
last thirteen General Elections?
4. Write short notes on:

(i) Adult Franchise in India;

(ii) Party identification;
(iii) Use of Money and Muscle Power;
(iv) Male Domination.
CHAPTER 2

Election Commission
and Election Procedure

OU have already read that one of of President and Vice-President of

the basic concepts of democracy is India, the House of the People (Lok
free and fair elections conducted at Sabha), the Council of States (Rajya
periodic intervals. It means that Sabha) and Legislative Assemblies in
elections are held in an atmosphere and States and Legislative Councils in
in a way in which citizens are enabled States (where these exist), the
to make a rational choice. An essential Constitution provides for an Election
component of this is that elections are Commission. The Constitution provides
conducted efficiently and objectively by that “the Election Commission shall
competent and honest administrators consist of the Chief Election
free from political bias. Lack of Commissioner and such number of
confidence in the verdict of the ballot other Election Commissioners, if any,
box not only destroys the faith of the the President may from time to time fix
public in the democratic process but and the appointment of the Chief
also. discredits the electoral Election Commissioner and other
administration. The framers of the Election Commissioners shall, subject
Constitution of India were quite aware to the provisions of any law made in that
of the necessity of an independent behalf by parliament, be made by
election machinery. This they provided the President.”
in the form of Election Commission The above provision simply provides
which has not only been insulated from for the appointment of the Election
the interference of the executive but of Commissioners by the President,
legislatures also. without prescribing any qualifications
for eligibility to the post or the
THE ELEcTION CoMMISSION procedure of its filling. Pending
enactment of law by the Parliament,
For superintendence, direction and these matters have been left to be
control of preparation of electoral rolls determined by rules framed by the
and the conduct of elections to the office President. In the Parliamentary form of
22 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

government appointment by President from the date he assumes Office or till

amounts to entrusting the power of the day he attains the age of 65 years
appointment to the government of the whichever is earlier. The Election
day. In the Constituent Assembly Commission is independent of the
some members expressed the opinion Executive.
that an appointment to the post of There is an apprehension among
Chief Election Commissioner made some observers with regard to the
exclusively on ministerial advice may personnel working for conduct of
make room for the exercise of political elections. For conduct of its functions
influence. The apprehensions of the the Election Commission has no
seepage of political influence in the separate staff of its own. It has to
appointment of Chief Election depend upon the staff of the Central
Commissioner have so far been belied and State Governments. By Article
in practice. The President has, on the 324(6) of the Constitution, the
advice of the Prime Minister, so far President and Governors of States have
appointed tried and _ trusted been enjoined to make available to
administrators of unquestionable Commission such staff as may be
integrity and not politicians or non- necessary for the discharge of its
officials to this office. functions.
The dependence of Commission on
INDEPENDENCE AND FUNCTIONING the Central/State administration in the
discharge of its obligations sometimes
The independence of the Commission creates problems in its quick and
is ensured by an express provision in efficient functioning. However, the
the Constitution that the Chief Election maintenance of a huge staff with the
Commissioner (CEC) shall not be Commission for the conduct of periodic
removed from his office except in like elections is likely to be too expensive.
manner, and on the like grounds, asa Despite limitations, so far, the
Judge of the Supreme Court and the Government officers, except with some
conditions of service of the Chief Election aberrations in some.areas, have
Commissioner shall not be varied to his conducted themselves with fairness
disadvantage after his appointment. and impartiality. For making the
The Chief Election Commissioner and system further fault free, an
Election Commissioners are entitled to amendment in Representation of the
the same salary and other facilities, like People’s Act made in 1988, says that
rent free accommodation, as are the officers and staff shall be deemed
provided to a judge of the Supreme to be on deputation to the Commission
Court. The term of office of the Chief when deployed in connection with
Election Commissioner and other revision of rolls and the conduct of
Election Commissioners is six years elections. As such they are now
 AND ELECTION PROCEDURE 23
ELECTION COMMISSION

directly answerable to the Commission of Chief Election commissioner or have

for any act of commission or omission other members too. Since its inception
while deployed for election duty. in 1950 and till October 1989, the
The Constitution also makes Commission functioned as a single
provision for Regional Commissioners member body consisting of the Chief
to assist the Election Commission Election Commissioner. On 16
in States. The President may appoint, October, 1989 the President appointed
after consultation with the two more Election Commissioners on
Election Commissio n, such Regional the eve of the General Election to Lok
Commissioners as he may consider Sabha held in November-December
necessary to assist the Election 1989. However, the said two
Commission in the performance of the Commissioners ceased to hold office on
functions conferred on it. 1 January, 1990 when those two posts
In addition, in the preparation and of Election Commissioners were
revision of rolls and the conduct of abolished. Again on 1 October,
1993 the President appointed two
election Commission is assisted by a
Chief Electoral Officer who had more Election Commissioners.
no statutory recognition till 1956. He Simultaneously, law was also amended
was given statutory recognition by an to provide that the Chief Election
amendment of the Representation of the Commissioner and other Election
Commissioners will enjoy equal powers
People’s Act, 1951. The organisation and
and will receive same salary,
administrative structure of the office of
allowances and other perquisites. The
Chief Electoral Officer varies from State
law further provided that in case of
to State depending upon the size of the
difference of opinion amongst the Chief
State and the volume of the work
Election Commissioner and two other
involved. Needless to say that keeping Election Commissioners, the matter
in view the size and population as also will be decided by the Commission by
diversity of India, to conduct free and majority. The validity of that law was
fair election in an efficient manner is an challenged before the Supreme Court.
enormous task. The Constitution Bench of the
Supreme Court consisting of five
Mutt1 MemsBer ComMIssiOoN judges, however, dismissed the
It has been mentioned above that the petitions and fully upheld the
Constitution provides that the Election provisions of the above law by a
Commission shall consist of the unanimous judgement on 14 July,
Chief Election Commissioner and 1995. At present the Election
such number of other Election Commission consists of Chief Election
Commissioners, if any. It means that Commissioner and two other election
the Commission can consist either only Commissioners. Can you name them?
24 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

POWERS AND FUNCTIONS OF THE regarding all electoral matters,

ELECTION COMMISSION including questions relating to
disqualification of members;
The Election Commission of India has (vi) to prepare guidelines for a code
been given wide powers and functions. of conduct for political parties,
These include the following main candidates and voters;
functions: (vii) to fix the limit of election expenses
(i) to prepare, revise, update and and to examine the accounts of
maintain the list of voters for electoral expenditure submitted
election to the Parliament, State by the candidates;
Legislatures, Local Bodies and to (viii) to determine criteria for
the Office of the President and the recognising political parties, and
Vice-President of India; then recognise them and decide
(ii) to conduct and supervise elections their election symbols and
and bye-elections to the allocate time to them for the use
Parliament, State Legislature, and of radio and television in order to
to the Office of the President and help them reach out to the people
the Vice-President of India; on election issues;
(iii) to delimit constituencies for (ix) to prepare a list of ‘free symbols’
election to the Parliament and to for allotment to independent
the State Legislatures, and to allot candidates;
the number of seats to each of (x) to settle election disputes and
them; petitions, referred to it by the
(iv) to fix the election programme, President or the Governor of a State.
including dates for nomination
and scrutiny of candidates,
THE ELECTORAL SYSTEM
and date of elections; make
arrangements for setting up You have read in the last chapter that
necessary number of polling in India the plurality system or the first
booths, lay down procedure past the post system has been adopted
for the exercise of secret for elections to the Lok Sabha and State
ballot, appoint adequate number Legislative Assemblies, and that of
of returning officers, and declare proportional representation by means
results after the proper of the single transferable vote for
counting and scrutiny of votes, elections to the offices of President,
countermand elections in a Vice-President and to the Council of
constituency where necessary. States and Legislative Councils. You
(v) to advise the President or will surely like to know what these
the Governor of the concerned systems are. Given below is a brief
State, as the case may be, description of these.
ELECTION COMMISSION AND ELECTION PROCEDURE 25

Plurality System (First Past the Post) (i) Second Ballot System: In this
system there are single candidate
In this system country is divided into
constituencies and single choice voting,
single member territorial consti-
as in the first past the post system. To
tuencies, usually of equal size. Voters
win on the first ballot, a candidate needs
select a single candidate, usually an overall majority of the votes cast. If
marking against the candidates’ name. no candidate gains a first ballot
A candidate who receives the highest majority, a second run off ballot is held
number of votes, may be less than even between the leading two candidates.
half the votes polled, is declared the This system is popular in France
winner. This system is easy to operate (ii) Alternative Vote System: In this
and establishes a clear link between system there are single member
representatives and constituencies. It constituencies. There is preferential
also allows governments to be formed voting. Voters rank the candidates in
that have a clear mandate from the order of preference i.e. 1 for their first
electorate, of course, on the basis of preference, 2 for their second
plurality of support amongst the preference, and so on. Winning
electorate. However, a number of candidates must gain minimum 50 per
shortcomings are pointed out in this cent of all the votes cast. Votes are
system. The system wastes many counted according to the first
votes, those cast for losing candidates. preference. Ifno candidate secures 50
It undermines the legitimacy of per cent in first preference, the candidate
government in so far as governments with least number of votes is eliminated
often enjoy only minority support. In and that candidates’ votes are
this system some social groups like redistributed according to the second
minorities may remain under- (or subsequent) preferences. This
represented. In spite of these limitations continues until one candidate has a
this system is quite popular in a number majority. This method is used in
of countries including the UK and India. Australia and some other countries
and for elections of President and
Vice-President in India.
The Majority System (Second
Ballot and Alternative Vote
The Proportional Representation
Systems)
System
The majority system requires that a The term proportional representation is
person declared winner in a single used to designate various electoral
member constituency wins by a clear devices based on the principle that
majority that is getting more than 50 parties should be represented in an
per cent votes. This c.n be obtained Assembly or Parliament in direct
by two methods: proportion to their overall electoral
26 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

strength, their percentage of seats (ii) Party List system: In this

equalling their percentage of votes. It system either the entire country is
is claimed that under this system any treated as a single constituency, or, it
party, interest or group would secure is divided into a number of large
representation in proportion to the multimember constituencies. Parties
support, it has among the electors. This compile lists of candidates in
is achieved by two systems: descending order of preference and the
(i) Single Transferable Vote System: list is presented to voters. Electors vote
In this system there are multi member for parties, not for candidates. Parties
constituencies. Parties may put forward are allocated seats in direct proportion
as many candidates as there are seats to the votes they gain in the election.
to fill in each constituency. Electors They fill these seats from the party list.
vote preferentially, as in the alternative A minimum percentage (for example 5
vote system. Candidates are elected if per cent fixed in Germany) can be fixed
they achieve a quota. This is the to exclude small parties. This is the
minimum number of votes needed to only potentially pure system of
elect, the stipulated number of proportional representation, and is
candidates, calculated according to the therefore, fair to all parties. However,
following formula as explained below: its operation in big countries is very
- difficult.
Total Number of Votes Polled sf
Quota = Above mentioned are some of the
Total Number of Seats to be filled up +1
prevalent systems in different
For example, if 1,00000 votes are cast in a countries. Adoption of a particular
constituency that elects four members, the quota
system by a country depends on
is calculate like this :
various factors including historical
evolution, size, type of voters,
1,00000 considerations of stability, nature of
uota = ———+ 1
9 4+1
population, etc. In India, since framers
1,00000
= —— +]
of the Constitution in general followed
5 the British model, they preferred the
= 20,000+1=20,001 plurality or first past the post system
The votes are counted according to for elections to both Lok Sabha and
first preference. If not all the seats are State Legislative Assemblies. To make
filled, the candidate securing least the office of President a real
number of votes’ is eliminated representative of national opinion
and the votes are redistributed majority system with transferable vote
according to second preference, and so was adopted. As the Rajya Sabha was
on, until all the seats have been filled. meant to be a representative House of
This system is used to elect members States and not of people or
of Rajya Sabha and Legislative Councils constituencies, system of proportional
in India. representation was favoured.
ELECTION COMMISSION AND ELECTION PROCEDURE 27,

While in general, these systems Representation of the Peoples Act,

have been working well, there are 1950, and Representation of the
views that first past the post system Peoples Act, 1951, the government
has shortcomings which need to be of Union Territories Act 1963,
looked into. It is pointed out that in supplemented by Registration of
India not only various parties and Electors Rules 1960, and conduct of
groups either remain unrepresented Election rules 1961.
or under-represented in spite of The Election Commission, also, in
significant support among voters as exercise of its legislative powers, has
a whole but also parties getting just issued the Election Symbols
30 per cent or so of the polled votes (Reservation and Allotment) Order,
are able to emerge as majority 1968, besides a large number of
parties and form government. We will instructions for the guidance of
discuss this issue in next chapter on electoral machinery and _ the
electoral reforms. electorate.
Representation of the People Act,
1950 and 1951, have made elaborate
THE ELection Laws provisions for the creations of election
In India elections are held for House machinery at the State, district and
of People (Lok Sabha), Council of constituency level for the preparation
States (Rajya Sabha), State Legislative and revision of rolls and conduct of
Assemblies (Vidhan Sabhas), State elections. The Representation of the
Legislative Councils (Vidhan People Act, 1950 basically deals with
Parishads) in the States, where these the preparation of electoral rolls
exist, Local Self Government bodies whereas, the Act of 1951, provides
including Municipalities and legal sanction for actual conduct of
Panchayati Raj bodies and offices of elections making specific provisions to
President and Vice-President. maintain peace and order during
Election Commission is responsible election to ensure dignity or fairness
for conduct of elections to Parliament, of electioneering and to enforce
State Legislatures and elections to the neutrality of civil service. The Election
offices of President and Vice- Symbols Order is concerned with the
President. Plenary powers of registration, recognition of political
superintendence, direction and parties, allotment of symbols and
control, the preparation of electoral settlement of disputes among them.
rolls and the conduct of elections, Elections to Municipalities and
vested in the Election Commission are Panchayati Raj Bodies are conducted
supplemented further by Acts of by State Election Commissions. Laws
Parliament. These are Presidential and rules for the same are formulated
and Vice-Presidential Act, 1952, the by various states.
28 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

ConpDuctT oF ELECTIONS State. The Constitution makes the

similar provision for allocation of seats
As already mentioned elections to the
and demarcation of constituencies with
Lok Sabha and Legislative Assemblies
respect to Legislative Assemblies of the
are held on the basis of plurality or First States. This process of allocation of
Past the Post System. The Constitution
number of seats and their demarcation
of India prescribes the membership into territories is known as process of
strength of the Lok Sabha and Delimitation of Constituencies. The
various State Legislative Assemblies Constitution also provides that the
respectively and lay down that the allocation of seats in the Lok Sabha to
members of the Lok Sabha and those the States and the division of each State
of the various Legislative Assemblies into territorial constituencies shall be
would be elected by direct election from re-adjusted after the completion of each
territorial constituencies. Accordingly, census so that the population seat ratio
number of seats and constituencies is is maintained within the State and
determined by the Constitution and throughout the Union.
laws enacted under these provisions For the first General Elections to
provide the tasks of preparation Lok Sabha and Legislative Assemblies
and revision of electoral rolls and in 1951-52 the Election Commission
conduct of actual elections to be divided the entire country into viable
performed by the Election Commission. territorial divisions of Parliamentary
Determination and allocation of seats and Assembly constituencies. At that
and marking of territories is called time Constitution had fixed the
Delimitation of Constituencies. number of seats to Lok Sabha as
not more than 500. Thereafter, the
DELIMITATION OF CONSTITUENCIES
task of delimitation, was assigned
The Constitution provides for the to an independent Delimitation
number of seats for Lok Sabha, which Commission. Accordingly, separate
at present has been prescribed not Delimitation Commissions were set up
more tham500 and 30 from States and under specific statutes after the
not more than 20 members from Union relevant population figures of
Territories. The seats are allotted to decennial census in 1951, 1961 and
each State in accordance with the 1971. The last commission was set
population. Each State or Union up in 1972, which completed its work
Territory is divided into that number of in 1975. The Constitution 42nd
constituencies in such manner that the Amendment (1976) had put a ban
proportion between the population of on any further delimitation of
each constituency and the number of constituencies till 2000 and the total
seats allotted to it is, so far as number of seats in the Lok Sabha and
practicable, the same throughout the the Assemblies had remained the
ELECTION COMMISSION AND ELECTION PROCEDURE 29

same till then. This was done to check remained unchanged since 1971. It
the growth of population. It was feared is felt that reserved constituencies
that some States, to get more seats should keep on rotating to give wider
on the basis of large population might option to both SCs/STs and general
not take the task of family planning category candidates. It is hoped that
seriously. 91st Amendment of the before next General Elections
Constitution passed in 2002 has constituencies will be redrawn and we
extended this freeze of seats up to will have some balance in them.
2026. The year 2026 has been chosen,
because the population planners SYSTEM IN OPERATION
have projected that by that year the
population of India would stabilise It has already been explained that
and the country could hope to two major tasks in electoral process
have zero growth rate _ of are: (i) preparation and revision of
population thereafter. Accordingly, electoral rolls; and (ii) conduct of
next allocation of seats will be carried elections. The work of preparation
out on the basis of the population of of electoral roll is done by a
the country after 2026. Hence, the Statutory Officer designated as
number of seats in the Lok Sabha Electoral Registeration Officer under
would not change till then. This the supervision and control of
amendment, however, has made Election Commission. The Electoral
provisions of setting up of a Officer for the Assembly constituency
Delimitation Commission to readjust is designated by the Commission in
the constituencies. This is primarily consultation with the Government of
due to change in population patterns the State concerned. The Electoral
and migrations etc., constituencies Officer is assisted by one or more
have become quite unbalanced. Assistant Electoral Registeration
For, example, in some of the Officers. They are assisted by some
constituencies number of voters has officers at tehsil level. These officers
reached more than 25 lac, whereas in attend to the task of revision of the rolls
some others it is less than one lac. in addition to their administrative duties.
Another proposal before the The revisions are undertaken as and
Delimitation Commission is for when felt necessary. Any citizen who
rotation of reserved seats. As you attains the age of 18 years, or whose
know Constitution provides for name for some reason is not there in the
reservation of seats for Scheduled electoral roll can apply for inclusion of
Castes and Scheduled Tribes. The her/his name any time in the
constituencies reserved for Scheduled prescribed form for this purpose.
Casts and Scheduled Tribes have The updating of the Electoral Roll
30 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

remains closed during an election can be performed by the Assistant

campaign after the nominations of Returning Officer, if the Returning
candidates. Officer, is unavoidably prevented from
performing her/his duty.
ConpbucT oF ELECTIONS

As you know, elections for the Lok Wuo Can Contest ELEcTION?
Sabha and every State Legislative An Indian citizen who is registered as
Assembly have to take place every five a voter and is above 25 years of age is
years, unless called earlier. The allowed to contest elections to the Lok
President can dissolve Lok Sabha and Sabha or State Legislative Assembly.
call for General Elections before five For the Rajya Sabha the age limit is
years. So can Governors in States for 30 years. Candidate for the Rajya
Vidhan Sabha. When the new elections Sabha and Vidhan Sabha should be a
are called, the Election Commission resident of the State from which she/
puts into effect the machinery for he is contesting election. A person who
holding an election. The Constitution has been convicted for an offence under
states that there cannot be more than electoral laws or some criminal
6 months gap between the two sessions offences cannot contest election for a
of Lok Sabha/State Assembly. So period of 6 years from the date of
elections have to be conducted keeping conviction.
this in view. Every candidate desirous of
contesting election has to make a
RETURNING OFFICER deposit of Rs 10,000 for Lok Sabha
election and Rs 5,000 for Rajya Sabha
Election work in every constituency is or Vidhan Sabha elections, except for
supervised by an officer designated as candidates from Scheduled Castes and
Returning Officer who is nominated by Scheduled Tribes who pay half of these
the Commission in consultation with amount. The deposit is returned if the
the State Government concerned. An candidate receives more than one-sixth
-officer can be nominated as Returning of the total number of valid votes
Officer for more than one constituency. polled in the constituency.
The Returning Officer is assisted by Nominations must be supported at
one or more Assistant Returning least by one registered elector of the
Officers. The Assistant Returning constituency in the case of a candidate
Officer is empowered to perform all the sponsored by a registered party and
functions of the Returning Officer by ten registered electors from the
under the supervision of the latter constituency in the case of other
except the scrutiny of nomination candidates. As already mentioned in
papers. Even this function of scrutiny reserved constituencies, the candidate
 AND ELECTION PROCEDURE 31
ELECTION COMMISSION

can only be from either one of the might be ordered, results can be
Scheduled Castes or Scheduled Tribes countermanded or other appropriate
as the case may be. decision delivered. Appeals can be
made in the Supreme Court.
POLLING Candidates thus elected constitute
the Lok Sabha or State Legislative
After the process of nomination of
candidates is complete, a list of Assemblies as the case may be. The
contesting candidates is prepared by
anti-defection law, passed in 1985,
the Returning Officer and ballot papers prevents MPs or MLAs elected as
containing names of candidates and candidates from one party forming or
their symbols. Voting is held on the joining a new party, unless they
days announced by the Election comprise more than one-third of the
original party in the legislature. Ifa
Commission. Voting is by secret ballot.
Election Commission tries to ensure member leaves her/his party or joins
other party she/he ceases to be the
that there is a polling station within
2 km of every voter, and no polling member of the legislature.
station should have to deal with more India is a parliamentary democracy.
than 1,200 voters. Some electors, The main process to run the democracy
including members of the armed forces is election. To be meaningful, elections
or government of India on duty can vote have to be regular, free and fair. The
by post also. Constitution of India on the one hand,
After the polling is over, the recognises the principle of universal
votes are counted under the adult suffrage, i.e. any citizen over the
supervision of Returning Officers and age of 18 can vote; and on the other,
Observers appointed by the Election makes the Election Commission,
Commission. After the counting of independent of Executive and
votes is over the Returning Officer Legislature to conduct and supervise
declares the names of the candidates elections. Elections in India are events
who have received the highest number involving political mobilisation and
of votes as elected. organisational complexity of an
amazing scale; yet the record of
ELECTION PETITION conducting free, fair and peaceful
If any elector or candidate feels that elections has so far been remarkable.
there has been malpractice during the However, in spite of reasonably high
election, she/he can file an election credibility of election process, the
petition. Election petitions are tried by present system has developed some
the High Court of the State involved, defects which need to be corrected
and if upheld, election of a candidate through reforms. This we will discuss
can be declared void, new elections in the next chapter.
 |

32 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

EXERCISES

1. How is independence of Election Commission of India ensured?

Describe the composition, powers and functions of the Election Commission of
India.
3. Examine the advantages and disadvantages of the plurality and proportional
representation systems of elections.
4. Describe the procedure followed for conduct of elections in India.
5. Write short notes on the following:
(i) Multi Member Commission;
(ii) Party List System;
(iii) Delimination of Constituencies;
(iv) Returning Officer;
(v) Election Petitions.
 CHAPTER 3

Election Reforms

‘N the last two chapters you have all these years there also have emerged
studied that election is a corner stone shortcomings in the system. These
of any democratic system. It gives shortcomings are: difficulties in
people an opportunity to elect their own conduct of free and fair elections,
government which can preserve and apprehensions about their credibility in
' protect their rights and liberty, fulfil the future and various aberrations that
their aspirations and create an have crept in both the system and
environment in which they can develop machinery of election. It is, therefore,
their overall personality. However, it is now widely recognised that in order to
essential that elections are conducted preserve and strengthen the democratic
in a free and fair manner, peacefully and setup the electoral system needs to be
with dignity. As a representative kept under careful watch and need to
parliamentary democracy, India has a be reformed. At present, the question
well established system of elections. of reforming our electoral system is
The Constitution of India has vested in engaging all concerned politicians,
the Election Commission, an media, citizens, political observers, and
independent constitutional body, the above:all those connected with the
powers of superintendence, direction conduct of elections. Let us first of all
and control of the entire process of look what shortcomings, problems and
elections. Over the last five decades, aberrations the system is facing.
thirteen General Elections to the Lok
Sabha and nearly three hundred SHORTCOMINGS, DEFECTS AND
General Elections to State Legislative ABERRATIONS IN THE SYSTEM
Assemblies have not only proved that
democracy has taken deep roots but Non- Representative
have also earned world wide One shortcoming that is pointed out in
appreciation about their fairness. the present system is that plural or first
While conduct and outcome of past the post system does not provide
elections in general have been hailed as a correspondence between the number
a unique democratic experience during of votes polled and number of seats
 wa
34 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

won. Election results, most of the time, the country. The multiplicity of parties
have shown that there has been an has been not only creating confusion
imbalance between the percentage of among the electorate, but also
votes polled and the number of seais administrative problems during
won. It has been pointed out that in elections because of large number of
almost all Lok Sabhas, the ruling party candidates. Added to this is, entry of
or ruling coalition had not secured even large number of independent
50 per cent of the votes polled. Any candidates in the fray because of limited
party securing about 30-35 per cent checks and restrictions on nominations.
of votes forms the government. It Such unprincipled, personality-
means that the government, in fact, is oriented proliferation of parties and of
formed with 18-21 per cent of voter independents contribute to post-
support. In earlier years even though electoral opportunistic coalitions and
opposition parties between themselves, unstable governments.
represented a major section of public
opinion, the composition of legislatures Escalating Costs and
remained a single party dominated one. Money Powers
Small parties in particular remain
Elections in India are a very costly affair
under-represented. For the same reason
for both who contest and who conduct.
various social groups, for example
In view of large size of constituencies,
minorities, do not get representation
large number of candidates contesting
proportionate to their population.
elections, behavior of political parties
Another aspect of this is that since, it is
and candidates, and such other factors,
the individual who has to win, more
the State has to spend enormous money
stress is laid on aspects like caste, etc., in
to conduct elections in a peaceful and
the selection of candidates by the parties.
orderly manner.
Merit is largely a causality in the selection
In the thirteenth General Elections,
of candidates.
government had to spend more than
Rs 850 crore only on Parliamentary
Multiplicity of Parties and
elections. With unstable governments,
Candidates
elections to Lok Sabha is no more
There is no law governing political limited to once in five years. Similarly,
parties as such. Any party even and a huge expenditure is incurred on
with concentration in limited Assembly elections in States.
geographic area in plural system can More serious question is cost of
have chance of winning some seats. As elections for the candidates. Even if we
aresult one of the problem country is do not take into account the misuse of
- facing is steady and haphazard growth money power, a candidate or a party
of political parties. It is estimated that to campaign in a constituency, spread
more than 700 parties are operating in over a large geographical area and
ELECTION REFORMS

having more than 10 lac voters, has to Violence and Muscle Power
spend enormous money just to reach the
Since winning of election has become
voters. Added to that is the phenomena
an end in itself, in addition to money
of black money available with a large
power, muscle power has also become
section of population. It was openly said
an important factor. Muscle power i.e.
during the last General Election that
engaging criminals, violence and
Rs 50 lac to one crore had to be spent by
coercion, is used to force the voters to
a candidate standing for Parliamentary
vote for particular candidates, or not
election. There is a law placing a
maximum
allowing the voters to vote, and _ for
limit on expenditure. But it
has become meaningless. capturing the booth and casting bogus
The huge
expenditure incurred by candidates and votes. Reports of booth capturing,
political parties have no relationship to rigging and gun battles between rival
the ceiling prescribed under the law. The gangs working on behalf of the
hard reality is that huge unaccounted candidates are now common.
funds may easily be used for political
activity, party organisation and election Criminalisation of Politics
campaigning. Such a money is given in The most significant outcome of the use
the hope of high returns. No body can of muscle power in election has been
pay hard earned, tax-paid money for that many local muscle men, and
political purposes. The candidates and criminals, whose services were earlier
political parties look to big money bags sought for extortion or vote-gathering,
for their funds to contest elections. This are now directly entering the fray and
in course of time triggers a chain reaction, are elected in the process. Former
leading to corruption at various levels. Election Commissioner G.V.G.
It, therefore, becomes difficult for men of Krishnamurthy in 1997, released a
integrity and commitment to public sample profile of criminalisation of
service to contest elections. A careful politics as shown by the 1996 Lok
analysis shows that heredity and family Sabha elections. He found that nearly
connections are the commonest cause for 1,500 of the 13,952 candidates for the
entry into politics. This is closely followed Lok Sabha had a criminal record, which
by those who have large inherited or included cases of murder, dacoity, rape.
acquired wealth and who believe that theft and extortion. He also revealed
investment in politics is a good business. that 40 such candidates had won the
Money spent on elections is sought to be elections. On the basis of information
recovered through misuse of government received from district administrations
— machinery, bribes, scams, etc. The the country, Krishnamurthy claimed
vicious role played by money power in that nearly 700 of the 4,072 members
deciding elections, thus, is one of the of the legislatures of 25 States and two
most critical problems facing the Union Territories were involved in
election system. criminal cases and their trial was
36 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES |

pending. Speaking on the occasion of of the Representation of the People Act

golden jubilee celebrations of the debars candidates from seeking votes
Election Commission on 17 January, on the ground of religion. But in
2001, President K.R. Narayanan practice not only candidates appeal in
quoting Election Commission, stated the name of religion openly but also
that between 500 and 800 political parties have been formed on
elected representatives had criminal caste and religious identities. In this
antecedents. situation, the vote, instead of being an
Here, it may be pointed out that unifying, cleansing and equalising tool,
according to section 8A of the becomes a divisive force. We will study
Representation of the People Act 1951, later more about the role of caste and
a person who has been convicted in religion in politics. Here, it is sufficient
certain offences, she/he cannot be a to say that exploiting caste and
candidate. But there is no bar on those communal sentiments is against
who are not convicted at the time of democratic norms.
election. We thus, come across persons
against whom cases have been WEED FOR REFORMS
registered, but at the time of contesting it can be said that the trust
In short,
elections, they had not been convicted.
reposed in the people by the framers of
Political clout for such elements
the Constitution by granting them
obviously jeopardises the smooth
universal adult suffrage has been
functioning of the administration and But,
generally justified by the voters.
the safety of life and property of the recent past there have emerged
in the
common people.
some disturbing factors in the system.
Electoral processes have been
Incitement to Caste and considerably polluted by the use of
Communal Prejudices money and muscle power, violence,
Another aberration that has emerged multiplicity of candidates in the election
in our election system is increasing use arena, want of electoral ethics on
of caste, communal and other such the part of the participants and
factors. Of course appealing to caste their supporters and insufficient
and communal prejudices at the time representation of various sections of
of elections is nothing new and not society like minorities and women.
limited to elections. However, in recent Observers and all those who are
years these have emerged as the most concerned with the future of democracy
viable rallying points. Almost all are of the firm opinion that in order to
parties, while selecting candidates, first consolidate the gains of democracy,
of all take into consideration caste and restore the gravity of process and arrest
community factors outweighing all the growing trend of peoples’
other considerations. Section 123(3) (A) withdrawal from electoral process, we
 37
ELECTION REFORMS

need electoral reforms urgently. In fact, hand there is deterioration in the value
the need for electoral reforms has been system, decline of political institutions
the subject of wide ranging debate right and emergence of a new brand of
from the First General Elections. politicians resulting in disturbing
Practically, every report of the Election factors and aberrations as discussed
Commission has contained reform above. Against this background the
proposals. Some reforms have been issue of electoral reforms received an
introduced also. These, however, have important place on national agenda.
been found quite insufficient. It is being 1970, the Election Commission
In
felt that if electoral reforms are to be sent comprehensive proposals to the
meaningful, they should be all Ministry of Law on electoral reforms,
encompas sing covering the full along with a draft bill to give effect to
spectrum. Ad hoc or piecemeal reforms those proposals. Thereafter, the Central
are not the right way of resolving the Government prepared a Bill to amend
problem. Before, discussing the the Representation of the People’s
various proposals and suggestions for Acts, ,1950,,and.)1951.,, ¢ It was
reforms, let us have a look at the history introduced in the Lok Sabha in
of electoral reforms and the changes December, 1973. When the House was
made so far. dissolved in January 1977, the Bill
lapsed. It is noteworthy that this bill
History oF ELECTORAL REFORMS did not incorporate many of the
important amendments suggested by
Most of the earlier suggestions for the Commission.
reforms, mainly related to changes In 1974, Jaya Prakash Narayan had
in electoral procedure, were found launched a movement which later on
necessary after the experience came to be known as “A movement for
of each general election. Such Total Revolution”. One of the main
recommendations were made by the planks of this movement was electoral
Election Commission through its reform. On behalf of Citizens for
reports on general elections, brought Democra cy, Jaya Prakash Narayan
out after the completion of each general set up a committee under the
election. From the time of Fourth Chairmanship of V.M. Tarkunde, a
General Election in 1967, serious former judge of Bombay High Court.
deterioration in the standard electoral This committee after holding
norms became visible. Since then we discussions with represen tatives of a
see on the one hand growing maturity number of organisations in February
of the electorate, growth of viable 1975 produced a comprehensive set of
political parties, greater consciousness recommendations. Thereafter political
among candidates and citizens about parties, the media, concerned citizens,
their rights and a just change in social academicians and above all the Election
and economic order; and on the other Commission had taken up the issue
38 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

continuously. In November 1983, at booth capturing, the result of the

the meeting of representatives of political election was likely to be affected. In
parties with the Election Commission, 1988 the age of voting was reduced to
consensus was arrived at on some 18 years from 21.
matters. Important of these were the
following: 1996 Reforms
(i) Lowering of the age for candidates In 1989 the National Front government
contesting elections. took initiatives to bring certain reforms.
(ii) Restriction on contesting election To achieve a consensus for that, it
from more than one constituency. appointed an All Party Committee in
(iii) Increase in requirement of 1990 under the Chairmanship of the
minimum number of votes polled then Minister of Law and Justice
to save security deposit. Shri Dinesh Goswami. The committee
(iv) Compulsory registration of parties in May 1990 presented an almost
and maintenance of accounts. unanimous report recommending
(v) Rotation of reserved seats. important reforms. But no follow-up
(vi) State funding of elections. action could be taken up as the
(vii) Change of present electoral National Front Government itself
system to majoritarian system or collapsed. Since then, consultations
list system. had continued among political parties
(viii) Empowerin Election Commission and Election Commission had been
to countermand election on report making its own suggestions. In 1996
from election observer. some important changes were made in
(ix) Empowering Election Commission the Representation of the People’s Act.
to withhold the candidature of a These include (i) Person convicted for
person guilty of corrupt practices. insulting the National Flag, the National
(x) Mode of appointment of Chief Anthem or the Constitution of India
Election Commissioner and other stands debarred from contesting
Election Commissioners. elections for six years from the date of
(xi) Statutory code of conduct. such conviction as in the case of other
These proposals, however, remained offences; (ii) To check the multiplicity
only on paper. In December 1988, of non-serious candidates the amount
considering the recommendations of the of security deposit has been increased
Election Commission, Parliament from Rs 500 to Rs 10,000 for general
amended the law to prescribe penalty candidates and from Rs 250 to
for persons accused of booth capturing. Rs 5,000 for Scheduled Castes and
Further, the Commission was Scheduled Tribes candidates. For
empowered to countermand the elections to State Assemblies this has
election in the entire constituency, if it been increased to Rs 5,000 from
was satisfied that in view of the large Rs 250 and Rs 2,500 from Rs 125 for
number of polling stations involved in general and SCs/STs candidates
 39
ELECTION REFORMS

respectively. It has also been provided remaining term of House is less than
that the nomination of a candidate one year. “i
in a Parliamentary or Assembly Another change was made in 1997
constituency should be proposed by in the law for Presidential and Vice-
10 electors of the constituency, if the Presidential elections. According to this,
candidate has not been set by a number of proposers and seconders for
recognised National or State Party. contesting election to the office of the
Minimum interval between the last date President has been increased to fifty
for withdrawal and date of poll has been each in place of ten; number of electors
reduced to 14 days instead of 20 days; as proposers and seconders for
(iii) A candidate cannot contest election
contesting Vice-Presidential election
from more than two Parliamentary
has been increased to 20 each in place
or Assembly Constituencies;
of 5. The amount of security deposit has
(iv) Previously, the election in the
been increased to Rs 15,000 in place of
constituency was countermanded on
Rs 2,500 for both these offices.
the death of a candidate; now the
By another amendment in electoral
election will not be countermanded. If
the deceased candidate, however, was law, provision has been made for voting
setup by a recognised National or State by certain class of persons through postal
Party, the party concerned will be given ballot. The provision has been made
an option to nominate another primarily to facilitate exercise of right of
candidate; (v) Going to a polling booth franchise by migrants from Kashmir.
or near a polling booth with any kind
of arms is now a cognizable offence SUGGESTIONS
punishable with imprisonment up to description of history
From the above
two years or with fine or with both;
of electoral reforms, it comes out that
(vi) All registered electors who are on
various reports of committees
employed in any business, trade,
industrial undertaking or any other Electoral Reforms, particularly the
establishment will be entitled to a paid Goswami Committee Report of 1990
holiday on the day of poll; (vii) No liquor and the Tarkunde Committee Report of
or other intoxicants shall be sold, given 1975 have so far not led to substantial
or distributed at any shop, eating changes in electoral system and law. It
place, hotel or any other place within a seems that political parties are
polling area during the period of 48 indifferent to electoral reforms. They
hours ending with the hour fixed for the hold periodic meetings to discuss the
conclusion of poll; and _ (viii) By- issue, come up with some suggestions
elections to any House of Parliament or but end up with bringing in Parliament
a State Legislature will now be held some minor or ad !:0c changes. In fact,
within six months of occurrence of the in some cases parties in the name of
vacancy except in case where the electoral reforms have tried to
 40 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

neutralise the steps taken by the proportion to their electoral support.

Election Commission or Judiciary to Also various sections of society remain
bring in some desired changes. The under-represented. There is a view that
latest example in this regard is in order to enable political parties to get
consensus among all parties in their representation in proportion to votes
July 2002 meeting to water down the polled by them, the existing system of
directives given by Supreme Court and representation be substituted by a form
followed by the Election Commission to of proportional representation, like list
debar criminals from contesting system. Several scholars have argued
elections and candidates to provide
in favour of it on the grounds that it
information about their assets,
will promote fair elections and will
qualifications, etc. Nevertheless, it is
enable parties to nominate honest and
now widely recognised that in order to
capable candidates. Such a list system
preserve and strengthen the democratic
set up a comprehensive agenda of will certainly reduce the role of money
reforms is necessary. Electoral reforms in elections and minimise electoral
include reforms in the system, malpractices. Most parties are in favour
structure and processes. These are of this system since, it will give party
required to: (i) check criminalisation of leadership a decisive power.
politics; (ii) curb in the use of money The counter view to this suggestion
power in elections; (iii) regulate is that the list system has its own
the functioning of political parties; disadvantages. This system, it is
(iv) provide reasonable representation argued: (i) leads to multiplicity of
to various sections of society, political parties and fragmentation of
including women, in Parliament even the established political parties;
and State Legislatures; (v) ensure voter (ii) undue increase in the power of
participation and voter awareness; and party bosses; (iii) multi member
(vi) make the election machinery large sized constituencies; (iv) no
effective and credible. To achieve these majority party and consequently
goals various suggestions have been emergence of coalition governments;
made by the Tarkunde Committee, the (v) disappearance of direct relation
Goswami Committee, the Election between individual candidate and the
Commission, and by various seminars, voters. Another argument is that the
political parties and political observers. list system will further accentuate
Some of the important suggestions are
divisions in society. Every caste or
as follows:
group will have its own party to
represent its interests. Further it is
Restructuring of Electoral System
pointed out that this system is too
As has been mentioned above, there is complex, and the voters in India, a large
a view that under the existing electoral percentage of whom is still illiterate,
system political parties do not get might find it difficult to correctly indicate
representation, in terms of seats in their choice on the ballot paper. This

bax.
ELECTION REFORMS 41

would be more so because of proliferation suggested is that some way out needs
of political parties in the country. to be found in which there is some
In view of these problems a coloration between votes polled
suggestion has been made that, as in and seats won as also justice ensured
Germany, we may have direct elections to various sections of society
to 50 per cent of the seats from by securing their participation in
territorial constituencies, while the decision making.
remaining 50 per cent seats may be
filled in by list system. It has also been Curbing the Role of Money Power
suggested that the discrepancy between and State Funding
the electoral support and legislative It has already been mentioned that the
seats can partly be corrected by vicious role played by money power in
introduction of majority system, i.e. by deciding elections is one of the most
the stipulation that if no candidate ina critical problems facing the election
given constituency obtains 50 per cent system. The result is that contesting
of the valid votes, there should be an elections has become a costly affair,
immediate repolling between the top forcing common people to stay away
two. The.final winner will represent at from the field. To improve the situation
least 50 per cent of the active electorate. three main proposals have been made.
This has the additional advantage that First, is with regard to control over
larger social coalitions shall replace the political parties. For this, it is suggested
Narrow ones and contribute to the that the expenditure incurred by
process of social and _ political political parties should be brought
integration. Repolling will also have the within the ceiling of election expenses.
added advantage of reducing the Only the expenditure of the parties on
incidence of booth capturing because political education, without reference to
the candidates will realise their inability any particular constituency, should be
to influence the final outcome which exempted. Political parties must
requires a minimum of 50 per cent of function according to norms specified by
the votes polled. the Election Commission. They should
There are those who still think that maintain detailed accounts in which
the First Past the Post System is the best each item of receipt of money by way of
as itis simple, maintains direct relation subscription, donations, subsidy, etc.,
between voter and the legislator and and each item of expenditure should be
helps in providing stability. The only recorded. The accounts must be got
thing required is a movement towards audited by agencies specified by the
a two party system as in such system commission and made public. The
the winner system will get, if not, at Election Commission should be
least near to 50 per cent. empowered to examine the election
Needless to say, each system has returns on merit to satisfy itself that they
its plus and minus points. What is being are accurate and correct in all respects.
42 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

Second, suggestion is that the have recommended that reasonable -

ceiling on election expenses should be grants in aid should be given by the
realistic and not just a ritual. The government to recognised parties and
ceiling should be reviewed from time to suitable criteria should be evolved for
time in relation to size of constituencies, recognition of parties for this purpose.
number of voters, inflation and other In this regard some suggest that if not
factors and be fixed accordingly. It monetary assistance, parties and
should not remain a mere eye wash, but candidates can be given material
be controlled as mentioned above. assistance in the form of free petrol or
Related to this aspect is the need to diesel for vehicles, paper for printing of
make contributions and donations to election literature, supply of copies of
political parties legal. Observers point electoral rolls free of charge, identity
out that, it is an accepted fact that in slips for distribution to voters, postal
democratic set up political parties have stamps of a specific amount,
to spend considerable sums of money, refreshment packets to polling agents
and that large sums are required for on the day of election, etc.
elections. If there is aban on companies It is suggested that while State
and business on donation to political funding of political parties is no
parties, the possibility of depending on magic wand with which corruption
illegal contributions is obvious. It is can be washed away, but to the extent
therefore, necessary that efforts should the State would meet the requirement
be made to create an atmosphere where of political parties for funds, their
there is more transparency in financial need to raise money by dubious
dealings rather than taking extreme means would be reduced. Also if
measures which would only drive these scheme of election grants is
activities underground and away from introduced, then stringent curbs can
the public gaze. Legalisation of also be imposed on parties including
donations and contributions, as such, compulsory auditing, publication of
is suggested strongly. accounts, putting statutory limit on
Third, suggestion with regard to identifiable expenditure like number
of of posters,
putting curb on money power is that advertisements in
State funding. This practice of State newspapers, etc. Governmental
funding for political parties is prevalent funding can also be so designed that
in some countries like Germany, it helps serious candidates and
France, Israel, Canada, Japan, USA, discourages frivolous ones. Another
etc. In this system political parties benefit of State funding is creating
polling a minimum percentage of votes somewhat level playing field for |
are entitled to subsidy by the State. In political parties where on the basis
India various committees, Election of fixed criteria they will have equal
Commission as also all party meetings funds to fight elections.
ELECTION REFORMS 43

Regulating the Functioning party over regional and local units;

of Political Parties effective check on office bearers; no
Political parties are an established part recourse to expulsion or removal of
of modern mass democracy. In India potential rivals; and, no nominated
also the conduct of election is largely office holders at any level.
dependent on the behavior of political At present, it is not expected that
parties. Unfortunately, situation today party leaders themselves will initiate a
is that political parties make strong process of reforms in parties. It is
demands for the conduct of free and fair therefore, suggested that this has to be
elections, but choose to ignore the brought in by law. The law apart from
application of the same principle when making it obligatory for parties to have
it comes to the functioning of their own internal democracy and work in an
party organs. It has been revealed on accountable manner should empower
various occasions that the political the Election Commission to make
parties do not follow their own regulations for:
constitutions. They hold no party (i) Compulsory registration of
elections and continue to function for political parties;
years on an ad hoc basis. (ii) Compulsory maintenance, auditing
Sometimes
there has been tyranny of the minority and publication of accounts;
on the majority (iii) Submission of reports to the
because of
undemocratic Commission; and
functioning. A few
persons occupying (iv) Mandatory publication of
a vantage position
in the apex body, membership rolls, election of office
quite often
strangulate the democratic functioning bearers at every level by secret
and aspirations of the members ballot, and restrictions on
of the
party at the grass roots. It goes without expulsion of members.
saying that undemocratic political
parties cannot nurture,
Curbing Criminalisation of Politics
sustain or
strengthen a democratic society. It has been mentioned above that one
Therefore, one of the most critical need issue that has engaged a large section
of the time is to reform political parties of the country today is the criminal
and make them open, democratic and elements entering the electoral field and
accountable. succeeding in winning elections.
The necessary reforms suggested in At present Section 8 of the
the functioning of political parties are: Representation of People’s Act 1951,
Basic democratic principles of elected provides for disqualification of persons
representatives from lower tier electing convicted by a Court of Law from
leadership at higher levels; open contesting elections. In case of certain
membership rolls; fair and free offences, disqualification arises only if
elections; no absolute power to central conviction is accompanied by sentence
 44 ‘ DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

of imprisonment for prescribed period. covered by law. The Commission also

This period in general is 2 years or clarified that the conviction by Trial
more. This obviously is quite liberal a Court itself is sufficient to attract
restriction, particularly in view of the disqualification and even those who are
fact that in India cases take years to be released on bail during the pendency
settled, evidence against influential of their appeals against their conviction
people is difficult to get them convicted are disqualified for contesting elections.
and courts while awarding punishment The Election Commission's position was
generally take a lenient view. Therefore, further strengthened by a judgement
as already mentioned, today we have of the Supreme Court delivered on
in Parliament and State Legislative 2 May, 2002 asking the government
Assemblies’ persons accused of to amend the rules to make it obligatory
committing heinous crimes, but not for candidates for elections to the Lok
convicted yet. Sabha and the State Assemblies, to give
In view of this, Election Commission information about their assets and
from time to time has been liabilities, qualifications and criminal
recommending amendin g of the law. It antecedents if any. The Election
has suggested that law should make it Commission by an order of 14 May,
mandatory for a person convicted by a 2002 implemented Supreme Court’s
court of law and sentenced to directives. Political Parties, however,
imprisonment for six months or more have not felt comfortable with this and
to be debarred from contesting polls favoured disqualifications only in case
for a period of the sentence imposed of conviction and that too for heinous
and an additional six years. The offences. With regard to orders of
Commission has also suggested that Election Commission about filing
any person who is accused of any affidavit political parties so far are
offence punishable with imprisonment ambiguous. How they would react to
for five years or more should be it, will be known during the general
disqualified, even when her/his trial is election only.
pending, provided that the competent In addition to above efforts and
court of law has taken cognizance of suggestions to check entry of criminals
the offence and framed the charges in politics, Election Commission has
against her/him. taken some more steps to control the
Not seeing an amendment coming use of muscle power. This include
soon, the Election Commission with a ordering fresh poll in case of
view to create public opinion and bring destruction of ballot papers, and ballot
transparency about criminals entering boxes in polling booths and coercion,
the fray, in August 1997 issued an intimidation and.impersonation at
order. This order made it mandatory polling stations; withholding the result,
for every candidate to file affidavit pending investigation by the
about her/his convictions in cases Commission on complaints of booth

ie
 ELECTION REFORMS 45

capturing and recommending actions adequate representation in decision

against officers for neglect of duties. making bodies at all levels of our system.
Certain electoral offences, like carrying Therefore, the need is to create, such
arms near election booths, have been conditions as may give them increased
made cognizable. However, much opportunities of organic and harmonious
needs to be done in the direction of growth in the Indian polity.
cleaning the political process of crime, The Commission has, therefore, put
mafia and violence. forward a suggestion that instead of
following the reservation rule, with the
Representation of Women possibility of further internal
Another deficiency of the system is that reservation within reservation, it may
_ of inadequate representation of women be more desirable to insist on all
in legislatures. In recent years, this recognised political parties, giving
issue has become important and there adequate space to women in the
has emerged a demand for assured political process. This can be easily
representation. 73rd and 74th achieved by a simple legal provision,
amendments of the Constitution has which will require all recognised
provided for 33 per cent reservation of political parties, to set up a specified
seats for women in Panchayati Raj percentage of women candidates, in all
Institutions and Municipalities. A move State and Parliamentary elections, that
is afoot to amend the Constitution they may take part in. While the political
to provide such reservation in parties will get the requisite flexibility,
Parliament and State legislatures. to choose the constituencies and the
However, there are some differences women candidates, that may be most
among political parties with regard to appropriate in their judgment, women
the accommodation of SCs/STs political workers will also have to
and OBCs. quickly come forward for effective work
In Election Commission’s view, in the Indian political arena. The
while it is necessary to substantially current representation of women in
increase the representation of women Parliament is about 8 per cent only.
in Parliament and State Assemblies, the This proposal envisages that the parties
issue needs to be looked at from a will so fix a percentage for women
wider perspective. The objective must candidates, that the accepted success
remain, to have a much greater rate is enough to ensure a sizeable
presence of women, without in any increase in the presence of women in
way diminishing the vibrancy of the Parliament and State Assemblies.
Indian political system, and the If this idea is taken up, the controversy
resultant effectiveness of Parliamentary of further internal reservation also will
institutions. The aim is to achieve a become unnecessary. It will be open to
genuinely active participation of women political parties, to give as many tickets
in the political process, and their as they please out of the percentage

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46 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

fixed to candidates from the less with the same immunity and
fortunate sections. The Commission protections as was available to the Chief
has observed that this mechanism of Election Commissioner under the
ensuring a minimum percentage of Constitution. In addition the
women candidates has apparently Commission has asked for an
worked well in the Northern European independent secretariat on the lines of
countries. The suggestion has the merit Lok Sabha and Rajya Sabha Secretariat.
of not requiring Constitutional It has been suggested that the
amendment, eliminating current administrative expenditure of the
controversies, and going forward Commission and its secretariat should
with a simple amendment in the be charged from the consolidated fund
Representation of People’s Act. It will of India, similar to the lines of Union
be for the political parties to decide the Public Service Commission (UPSC) and
percentage to be fixed. Comptroller and Auditor General (CAG).
It is pointed out that a fine tuned
Election Machinery and
Election Commission, supported by
Management of Elections adequate and appropriate legislative
Apart from correcting the aberrations and administrative measures alone can
that have come to light or emerged in tackle the problems the system is facing.
the system it is also equally important In addition to strengthening of the
that independence and credibility of the Election Commission, the other
election machinery to conduct free and measures suggested include regular
fair elections may not only be and efficient preparation of Electoral
maintained but also be consolidated. rolls so that all eligible citizens are
For that purpose, suggestions have enrolled; issue of identity cards to voters
been made to assure the independence to check impersonation and rigging,
of the Commission and empower it use of electronic voting machines to
further to function as a meaningful check bogus voting and achieve
body. Election Commission itself has efficiency; compulsory voting to bring
urged to amend the Constitution to limit voters out of cynicism, rotation of
the strength of the Commission to three reserved seats to provide opportunities
members including the Chief Election to both general and SCs/STs
Commissioner. It is pointed out that candidates to contest elections from
any further increase in the size of the other constituencies, etc. There are
existing three member body would various proposals on issues of
make it unwieldy and hamper procedures and management. The
expeditious decision making for free ‘purpose as a whole is to make elections
and fair elections. It has also been a process of electing people’s
suggested that the two Election representatives in a genuine democratic,
Commissioners should be provided transparent and meaningful way.
ELECTION REFORMS 47

The health of a democracy depends potential deficiencies, flaws and

on the choice of representatives and loopholes in the existing system as also
leaders, which in turn is directly linked the aberrations that have crept in. Need
to the way elections are conducted. We for reforms now is felt at all levels of
have seen that the Constitution of India opinion. Various bodies, experts, and
has not only given to its citizens Election Commission have exhaustively
universal suffrage but also provided for analysed, identified and prescribed
an independent statutory body to various reforms. However, at political
conduct and supervise elections in a level there is as yet lack of consensus
reasonably creditable manner. Though and sense of expediency. Nevertheless
parties in power are prone to abusing pressure is on. What is important to
authority for electoral gains, there has understand, however, is that ultimately
never been any serious state sponsored it is public awareness and intervention
rigging in most of India. However, that brings the results. Therefore , what
conduct of elections all these years has is needed is a rejuvenated public
also brought to light the actual and participation in political process.

EXERCISES

Describe the main shortcomings of the present election system in India.

Why electoral reforms are necessary in India?
CMP ON

Explain the steps taken, so far, in respect of election reforms.

Examine the major suggestions for electoral reforms.
Write short notes on the following:
(i) Restructuring of electoral system;
(ii) Criminalisation of politics;
(iii) State funding of elections;
(iv) Representation of women;
(v) Regulating Political Parties.
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CHAPTER 4

Political Parties
and Party System

Gu the present day political systems, government power by electoral or other

democratic or otherwise, political means. A political party, therefore,
parties are considered as indispensable possesses features like an organisation,
part of political process. The only parts definite views on political issues, a well-
of the world in which they do not exist formulated line of action, a will and desire
are those where they are suppressed by to acquire political power and the desire
dictatorship or military rule. In to implement the proclaimed polices. In
representative democracies they are the this sense with the aim of acquiring and
major tools of the functioning of the retaining political power the party as an
system. At the same time, they are also organisation is different from other
often crucial for the success of non- groups, social or even political.
democratic systems, as for instance in The capture of political power can
Communist regimes or in Facist and be achieved within existing political
Nazi regimes. Of course, the nature of structures either through elections in
party system and their role in the two, democracies, or by revolutions or
i.e. democratic and non-democratic coups. As is generally, understood the
regimes, are different. Before we discuss word ‘party’ is used by groups seeking
the nature and role of party system it political power. In this sense we can
will be proper to have a proper say that four characteristics define
understanding of the definition and parties and distinguish them from
meaning of political parties. other groups:
(i) Parties aim to exercise government
POLITICAL PARTIES power by winning or capturing
In general terms, a political party may political office.
be defined as an organised group of (ii) Parties are organised bodies with a
people sharing common policy formal membership. This
preferences and programmes, for the distinguishes them from broader and
purpose of acquiring and retaining more diffused political movements.
 52 DEMOCRACY IN INDIA : ISSUES AND CHALLENGES

(iii) Parties focus on broad issues, Perhaps the most important

addressing each of the major areas function of political parties, particularly
of the government policy. in democracies is representation. In
(iv) The parties are united by shared this, political parties place before
political preferences and a general citizens different programmes and
ideological identity, to varying policies, field candidates in elections,
degrees. and formulate and implement their
From the above, it is clear that policies when called to form government.
though, in general, parties are known The parties also provide link between
for contesting elections, revolutionary the citizens and the government,
parties are not organised or intended between the electorate and the
to fight elections. The aim of all however, representative institutions. Parties
is to seek power, though by different present different choices to electorate
means. The task, of capturing and and articulate alternative goals for
retaining political power with a desire the society. In fact, parties have
to achieve common goals, involves emerged as one of the most important
various related functions. means through which societies set
collective goals.
FUNCTIONS OF POLITICAL PARTIES Linked with the function of
representation is that of providing
Since parties are primary organisations political leaders. Parties provide a
to attain and exercise power, they are training ground for politicians, equip
an integral part of the political system. them with skills, knowledge and
One of the most important functions of experience and bring them in public life
political parties is that of unifying, as leaders. In political systems where
simplifying and stabilising the political political parties are absent or wéak,
process. To attain political power, political leaders and elites are generally
parties have to unite various segments recruited from traditional elites, such
or groups including religions, caste, as hereditary ruling families, or through
class and ethnic groups. Thus, in most religious or military organisations.
political systems parties can bring Parties create political opportunity and
together sectional interests, overcome help political system by providing a
geographical distances and provide wider choice of leaders.
coherence sometimes to divisive social Another function that parties
structures. They seek to broaden the perform is to educate, instruct and
range of interests they represent and activate the electorate. In language of
harmonies these interests with each political science this is also called
other. The major exception to this is the function of interest articulation and
behaviour of sectional or ethnic parties aggregation. In the process of
that might lose support from their main developing collective goals parties often
base if they were to be more inclusive. develop as vehicles through which

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