As the election season is about to hit India, with state assembly elections in key states such as Punjab, Uttar Pradesh, Uttarakhand, Manipur and Goa to be held in March 2017. All the political parties gear up for the election campaign. By the end of March, the people would have elected representatives for a total number of six hundred and ninety assembly seats! It is a no easy task, already the election commission is in motion and key meetings with public officers are going on in these states. The Code of Conduct will be in force anytime now (Early-mid December). It is a mammoth task, and wheels are already in motion.
India has been characterised as the biggest democracy in the world because of the mere number of people participating in the voting process. It is a cherished right of a citizen to participate in the electoral process which places representatives in the seat of power. The citizen has been guaranteed this right under the Constitution via universal adult suffrage.[1]
In order to achieve a smooth and transition phase for the old and new government, the Constitution of India provides a separate Part XV[2] for the purpose of election and further formulates and vests the responsibility of conducting a free and fair election in the Election Commission.[3] The election commission is the key constitutional body which allows us to enjoy this democratic country and all its fruits. It has a heavy burden to bear; to its credit, it has done its task very well. Many countries have been fallen in a military coup, or previous leaders have refused to give up powers or elections process is namesake (eg. Pakistan, Zambia, Russia). But, thankfully India has not seen such a day as yet. Credit has to be given to the election commission for conducting elections as well they have done over the past years and the political class of the country for respecting the mandate of the country.
The election system that makes India great is not all that perfect. There are many loopholes in the system and the political parties have been exploiting them to the fullest. Though the parliament is empowered [4] to make laws on the subject “Elections” and though we have an array of legislations [5], yet an ideal system of elections has not been achieved as many flaws have crept in either one way or the other, destroying the democratic values in the election process.
Winning election has become an end in itself. In addition to money power, muscle power has also become an important factor. The purchase of votes with the help of money, preventing poor people from voting, purchase of agents of opponents, use of violence, engaging criminal gangs etc., are some of the examples of the distortions which appear in the election process. Thus there is a dire need for reforms in our election system.[6]
I’ll be only dealing with the problems that exist in the election system in this blog. In the next blog, I’ll be discussing possible solutions and steps that are already being taken by the system to correct it.
The first major problem was also pointed out by Supreme Court of India when it made an observation that “The Indian Democracy faces a very serious problem viz., that of criminalisation of politics in the country. The problem arises because many charge-sheeted persons or persons against whom FIRs have been filed for the commission of serious offences get elected to the parliament or the state legislatures with the overt and covert assistance of various political parties. Some of these persons even become ministers and, thus, law breakers assume the role of lawmakers.”[8] Many of the political class has come up to power from a criminal background or thrust towards it now. It’s like a pre-condition to be part of the system. How the Bar Council says ‘LLB degree is a pre-condition to enroll as a lawyer’. Being a criminal is a pre-condition to be a politician. It has become a rule; however, there are some exceptions to this rule as well. Despite there being laws about disqualifying members from contesting elections and members to continue to hold the seat, if convicted of a serious offence. Law breakers are still seating in the law-making bodies of the country. This is continuing because of the muscle and the money power these special people bring into the system. Which is helpful for the parties while contesting elections and while disrupting the assembly/house in session. It is a win-win for them.
One of such example of these special people, Mr. Mohammad Saha buddin was elected to four successive terms in the Indian Parliament from 1996-2008 from Siwan constituency Bihar on RJD ticket. In 1996, Sahabuddin was named as a Minister of State for the Home Ministry in the H.D. Deve Gowda government. He is currently serving a life sentence for kidnapping with intent to murder and as many as 34 cases of serious crimes are pending against him.
The second major problem with the elections process is people mindset to democracy. Speaking in the Constituent Assembly, on 4th November 1948, Mr. B. R. Ambedkar said “Constitutional morality is not a natural sentiment. It has to be cultivated. We must realise that our people have yet to learn it. Democracy in India is only a top-dressing on an Indian soil which is essentially undemocratic.” We have this common understanding among people, as the saying goes “like father, like son” A Doctor’s son will also become a Doctor, A lawyer's son will also become a lawyer. Sachin Tendulkar’s son will also become a cricketer. Politician’s son…(You know what I mean) This is not a recent phenomenon. It has been going on since inception, that’s how caste system was created. Talent, hard work, determination, passion, and perseverance are not important while deciding what one wants to become, that’s all secondary. This is more so in Politics than anywhere else. Cause here, only your perception and image in paramount not your actual work.
1. Jammu and Kashmir - Omar Abdullah son of Farooq Abdullah (Ex C.M of J&K).
2. Punjab - In Punjab, Sukhbir Singh Badal, the deputy chief minister, is by all accounts waiting in the wings to succeed his elderly father, the current chief minister Parkash Singh Badal.
3. U.P - Current C.M AkhileshYadavis the son of Mulayam Singh Yadav Ex. C.M
LAST BUT NOT THE LEAST
4. Rahul Gandhi, the best thing about Congress! (Everybody agrees on this, irrespective of which side you support).
A historian Patrick French in his recent book[9], documented the related phenomenon of “hereditary MPs,” highlighting the fact that many members of the Lok Sabha, the lower house of Parliament, have in some sense “inherited” their seats from a parent, sibling, or other members of an extended family. His most striking statistic is that for MPs below 30, each and every one of them is hereditary, with that percentage slipping to 65% for those between 31 and 40 and just under 37% for those aged 41-50. There are no hereditary MPs above 81 and only a little over 10% between 71 and 80.
As a result of this political hegemony very, healthy competition is lacking in our representative system.
Lastly (There could be many other problems but these are the three biggest in my opinion), is corporate funding. As I’ve said in my last blog this is the gray area about which there isn’t much public discourse, but one which requires the most. All the big players of India Inc. via corporate lobbyist do make sizable donations to the political parties and their campaign funds who intern make policies which are beneficial to their business. As I’ve said before that’s all fine as long as there is greater transparency in the whole transaction. Suppose Mr. A who has tire manufacturing business makes a large contribution into X political party fund. When in power that X party could make laws which are benefiting all tire manufacturers. But, any law or policy is specifically benefiting Mr. A’s tire business then that is clear quid pro quo. But due to lack any transparency in this matter, the whole area is a black hole.
Criminalisation of Politics, Hereditary MP’s and The Dark side of corporate funding has paralysed the system. It has broken down and needs to be fixed quickly. As the largest democracy in the world, we owe it to ourselves and everyone who aspires to have a democratic system in their country.
Questions remain, who can fix it? Can it be fixed? If yes, then how? Answers to these question, in my next blog coming soon.
[1] Article 326 of Constitution of India
[2]Articles 324-329 of Constitution of India
[3]Article 324(1) of Constitution of India
[4] Schedule 7 List I Entry 72 : “Elections to Parliament, to the Legislatures of States and to the offices of President and Vice-President; the Election Commission”
[5] The Representation of the People Act 1950, The Representation of the People Act 1951 , The Parliament (Prevention of Disqualification) Act 1959.
[6]Dr. Ajay Kumar,“Electoral Reforms in India – A need of hour”, Chotanagpur Law Journal vol. 4, issue no. 4, 2011-2012) 95
[7] Constitutional Law Club, V. M. Salgaocar College of Law, Panaji Goa
[8] Union of India v. Association for Democratic Reforms, (2002) 5 SCC 294
[9] Patrick French, India: A Portrait (Allen Lane, 2011)