Chapter Notes

Elections and Democracy

Elections are a fundamental part of democracy, much like rules and an umpire are essential for any game. The rules of an election determine the outcome, and an impartial body is needed to conduct them fairly. Because these decisions are so important, they are written down in the constitution of a democratic country, so they cannot be easily changed by any single government.

In a large democracy like India, it's impossible for every citizen to participate directly in every decision. This is why we have a system of representation.

• Direct Democracy: Citizens directly take part in day-to-day decision-making. This was practiced in ancient Greek city-states and is seen today in local governments like gram sabhas.
• Indirect Democracy (Representative Democracy): Citizens elect representatives who then govern and administer the country on their behalf. This is the system used in India.

In this system, citizens have an indirect but crucial role. The method used to choose these representatives—the election—becomes the most visible symbol of the democratic process.

However, it's important to remember that not all elections are democratic. Many non-democratic countries hold elections to appear democratic, but these are designed in a way that doesn't threaten the rulers' power. A truly democratic election is one that is free and fair, and the constitution provides the basic rules to ensure this. These rules typically cover:

• Who is eligible to vote and contest.
• Who supervises the elections.
• How representatives are chosen and votes are counted.

Election System in India

In a democratic election, the preference of the people decides the winner. However, there are different ways to count these preferences, and the method used can significantly affect the result. Some rules might favor larger parties, while others might help smaller ones or protect minority communities. India follows a specific method for its Lok Sabha and State Assembly elections.

First Past the Post System

India uses the First Past the Post (FPTP) system, also known as the Plurality System. This is the method of election prescribed by the Constitution for most direct elections.

Here’s how it works:

1. The entire country is divided into 543 constituencies for the Lok Sabha elections.
2. Each constituency elects one representative.
3. Voters cast a vote for a single candidate.
4. The candidate who receives the highest number of votes in that constituency is declared the winner.

Proportional Representation

The Proportional Representation (PR) system is a different method of election where parties are allotted seats in proportion to their share of the total votes.

There are two main variations of the PR system:

• Nation-wide list: The entire country is treated as a single constituency. Parties declare a list of candidates, and seats are allocated based on the national vote share. This is used in countries like Israel and the Netherlands.
• Multi-member constituencies: The country is divided into large constituencies, each electing several representatives. Parties prepare a list of candidates for each constituency. This system is used in Argentina and Portugal.

In both variations, voters typically vote for a party, not an individual candidate. This ensures that even smaller parties with a small support base can get representation in the legislature.

Comparison of FPTP and PR system of election

How does PR work in Rajya Sabha elections

India uses a specific, complex version of the PR system for indirect elections, such as for the President, Vice President, Rajya Sabha, and Vidhan Parishads. For Rajya Sabha elections, the Single Transferable Vote (STV) system is used.

Here's the process:

1. Members of the Rajya Sabha are elected by the MLAs of each state.
2. Voters (the MLAs) rank the candidates according to their preference (1st, 2nd, 3rd, etc.).
3. To win, a candidate must secure a minimum quota of votes, calculated by a formula: ((Total votes polled) / (Total number of candidates to be elected + 1)) + 1

4. If not enough candidates meet the quota after counting all first-preference votes, the candidate with the lowest number of first-preference votes is eliminated. Their votes are then transferred to the other candidates based on the second preference marked on those ballots. This process continues until the required number of candidates are elected.

Why did India adopt the FPTP system?

The makers of the Indian Constitution chose the FPTP system for several important reasons:

• Simplicity: The FPTP system is simple and easy for ordinary voters to understand, which was crucial for a large and diverse country like India.
• Accountability: It provides a clear link between a representative and their constituency. Voters know who their representative is and can hold them directly accountable. In PR systems, voters choose a party, and there isn't one specific person responsible for a locality.
• Stability: The FPTP system often gives the largest party or coalition a "bonus" of extra seats, helping them secure a clear majority in the legislature. This is vital for forming a stable government in a parliamentary system, which requires the executive to have majority support. A PR system often leads to coalition governments, which can sometimes be unstable.
• Promotes Unity: It encourages candidates and parties to appeal to a wide range of social groups within a constituency to win, rather than just focusing on a single caste or community. The framers felt a PR system might encourage each community to form its own separate party, which could be divisive.

Reservation of constituencies

In a diverse country with a history of caste-based discrimination, the FPTP system could lead to dominant social groups winning everywhere, leaving oppressed groups without representation. To address this, the Constitution makers adopted the system of reserved constituencies.

This system is different from 'separate electorates', a method introduced by the British where only voters from a specific community could vote for a candidate of that community. The Constituent Assembly rejected this idea as it was seen as divisive.

In the system of reserved constituencies:

• All voters in the constituency are eligible to vote.
• However, the candidates who contest the election must belong to the particular social group for which the seat is reserved (i.e., Scheduled Castes or Scheduled Tribes).

This ensures fair representation for these groups. The number of seats reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) in the Lok Sabha and State Assemblies is in proportion to their share of the population. As of 26 January 2019, out of 543 elected Lok Sabha seats, 84 are reserved for SC and 47 for ST.

The Delimitation Commission, an independent body appointed by the President, decides which constituencies are to be reserved. It does this by identifying constituencies with the highest proportion of SC or ST populations.

Recently, the Nari Shakti Vandan Adhiniyam (Women's Reservation Act, 2023) has been passed to provide for reservation of seats for women in the Lok Sabha and State Assemblies.

Free and Fair Elections

The true test of an election system is its ability to be free and fair. The Indian Constitution includes several provisions to ensure this.

Universal franchise and right to contest

• Universal Adult Franchise: Every adult citizen has the right to vote. When the Constitution was made, an adult was defined as a citizen above 21. An amendment in 1989 lowered the voting age to 18. This is based on the principle of equality, giving all adult citizens a say in choosing their representatives, regardless of their educational qualifications.
• Right to Contest: All citizens have the right to stand for election. There are minimum age requirements (e.g., 25 years for Lok Sabha or Assembly elections) and some legal restrictions (e.g., a person imprisoned for two or more years is disqualified). However, there are no restrictions based on income, education, class, or gender.

Independent Election Commission

To ensure elections are conducted impartially, the Constitution created an independent Election Commission (EC).

• Constitutional Basis: Article 324 of the Constitution gives the EC the power of 'superintendence, direction and control' over all elections to Parliament, State Legislatures, and the offices of the President and Vice-President.
• Structure: The EC can be a single-member or multi-member body. Since 1993, it has been a multi-member commission, consisting of a Chief Election Commissioner (CEC) and two Election Commissioners. A multi-member body is now seen as more appropriate because power is shared, leading to greater accountability.
• Appointment and Removal: The President of India appoints the CEC and Election Commissioners on the advice of the Council of Ministers. They have a secure tenure of six years or until they reach the age of 65. To protect their independence, the CEC can only be removed through a difficult process requiring a special majority in both Houses of Parliament.
• Functions: The Election Commission has a wide range of functions, including:
  • Preparing and maintaining the voters' list.
  • Deciding the timing and schedule of elections.
  • Implementing a model code of conduct for parties and candidates.
  • Recognizing political parties and allotting them election symbols.
  • Having full control over the government administrative machinery for election-related work. It can transfer officers or take action against them for not being impartial.

Over the years, the Election Commission of India has become a powerful and assertive independent authority, widely respected for ensuring fairness in the electoral process.

Electoral Reforms

No election system is perfect, and there are always ongoing debates about how to improve it. In India, the Election Commission, political parties, and independent groups have proposed several electoral reforms. Some key suggestions include:

• Changing the election system from FPTP to a form of PR to ensure a fairer match between a party's vote share and its seat share.
• Making a special provision to ensure at least one-third of elected representatives are women.
• Introducing stricter controls on the role of money in elections, possibly through state funding.
• Barring candidates with pending criminal cases from contesting elections.
• Placing a complete ban on the use of caste and religious appeals during campaigns.
• Creating a law to regulate the internal functioning of political parties to make them more transparent and democratic.

Beyond legal changes, free and fair elections also depend on the vigilance of citizens and the active role of voluntary organizations acting as watchdogs.

Conclusion

India's election system has been remarkably successful. It has allowed for the peaceful transfer of power, maintained high voter participation, and proven to be inclusive by gradually changing the social composition of our representatives. While issues like electoral malpractice exist, they rarely affect the final outcome of an election. Most importantly, regular and periodic elections have become an inseparable part of India's democratic life, earning the system respect both at home and abroad. The confidence of the Indian voter and the legitimacy of the Election Commission are strong indicators of the success of the choices made by our Constitution makers.