democracy & governance

7/31/2019 Democracy & Governance

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Jinnas successful claim for a separate nation are two inevitablecasualty and development in the birth pangs of a nation.

Nation building can be viewed from two dimensions. 1) Every nationlikes to build itself strong and stable so that any threat from outside

of its boundaries can be effectively resisted. Nation states givepriority to defense preparedness and allocate budget that aredisproportionate to the legitimate development of its people.Securing the borders of nation states gain precedence over securingthe livelihood of citizens and communities of people who live withinits borders. Nation states also promote and propagate discourses ofnational threats in order to legitimize their disproportionatedistribution of resources to defense preparedness. 2) Considerableenergy and resources are also distributed to establish instrumentsand mechanisms of governance within the nation state borders.Postmodern nation states have attached priority to democraticgovernance as a means of consolidating endeavors towards nationbuilding. Since postmodern democracy has evolved through acapitalist formation of nation states it is primarily designed to thebest advantage of dominant groups in different countries. Suchdominant groups have an avowed purpose of accumulating andamassing profit as well as establishing their political hegemony overcitizens who depend on labor economy. Democratic dissent of suchmechanisms of exploitation are resented and put down through thesame mechanisms that are used to protect the boundaries of nationstate from supposed enemy aggression.

Democracy - Peoples Power Electoral Systems

Democracy means power of the people. In indigenous communitiesthat have generally practiced direct democracy the power of thepeople has been real to a large extent. However, direct democracy isan impossible proposition in the postmodern nation state governance.Laudable efforts to integrate possible mechanisms of directdemocracy are being made in a few countries. At the discursive levelsthere are colonial democracy, substantive democracy, proceduraldemocracy, Consociational democracy, deliberative democracy,dialectic democracy etc. At the pragmatic levels representativedemocracy, inclusive democracy and participatory democracy havereplaced direct democracy. Every citizen must know whetherdemocracy and governance in his/her country are based on inclusiverepresentation or on illusions of inclusion. In asymmetrical andmulticultural societies the possibility to tilt democracy towards themore powerful and camouflage it as peoples power is natural andthere needs to be extra caution to be more inclusive mechanisms insuch countries.

More and more countries have started taking recourse to redesigning

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the path for participation of citizens in Instruments and Mechanismsof governance. This is because they begin to read the writing on thewall clearly that internal stability through democratic governance ismuch more important than protecting the nation state borders. Bothas an inevitable truth of governance and as a genuine concern for

democratic possibilities, some nations have ushered in meaningfulgovernance by enhancing representation of citizens. In the trajectoryof even in such genuine efforts, the transition of the individual intocitizen, of the citizen into voter, and of the voter into tax-payer hasbeen well entrenched.

Let us remember that electoral system is the political institution thatcan easily be manipulated.

Electoral System - Types

There are two major types of electoral systems designed scientificallyto fit into these two trajectories. One is the First Past The Post systemand the other is the Proportional Representation system. There is aneed to evaluate the merits and demerits of both placing them in thecontext of democracy that is in practice in countries. In doing anobjective evaluation one need not enter into a judgmental mode ofplacing one over the other as being better than the other. Morehomogenous societies with only two parties will need the FPTPelectoral system. Multi-cultural societies with also coalition politics

will need the Proportionate electoral system.

The Transition

Countries with more deliberative, dialectic and participatorydemocracy have gradually shifted from FPTP to PR systems. Todayabout 84 countries have adopted one or other form of PR system.Even in UK, Northern Ireland, Scotland and Wales use PR system.India uses a form of PR system in its election to the Rajya Sabha.About 60 countries still use FPTP system. These are mostly countries

colonized by England and who still follow the British system in theirelectoral system.

Four Major Categories

Electoral Systems have four major categories.

1. Majoritarian Electoral System2. Semi Proportional System3. Mixed Proportional System4. Proportionate Electoral System

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4. Inclusion of minorities, excluded people and marginalizedcommunities guaranteed.5. Goes well with coalition politics6. Well suited for multi-cultural societies7. Generally no wastage of votes

8. Allows variants to suit the needs of different countries

Advantages of PR System

1. Faithfully translates votes into seats2. Very few wasted votes3. Facilitates minority parties' access to representation4. Encourages parties to present inclusive and socially diverse lists5. Makes it more likely that women are elected6. Restricts the growth of regional fiefdoms, dynastic/family rule, oneleader parties etc. Because PR systems reward minority parties withminority seats, they are less likely to lead to situations where a singleparty holds all seats in a given province or district.7. Leads to more efficient and stable government. This does notforeclose problems of stability completely. However, going by theexperience of countries that have taken up to PR system this can bestated authoritatively.8. Makes power sharing among parties and interest groups morevisible.9. Increases inner party democracy and reduces corruption, violence,

communalism and hopefully casteism.

Examples from other countries

1. Germany (reservation) - 19492. New Zealand (separate electorate) -19933. Norway (separate parliament)4. Nepal5. The Netherlands

Indian

The effort for an inclusive democratic governance continued in theIndependent India through many deliberations in the ConstituentAssembly. Mahboob Ali Baig Sahib Bahadur and Kazi Syed Karimuddinare the two Muslim leaders who seethed for PR system.

"One of the best safeguards for minority rights and interests is the

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system of election by proportional representation with the STVwhichhas already been adopted in a large number of countries. He quotesLord Howard of Penrith who was the British representative of Berne,Stockholm, Madrid and Washington. "Two fundamental requirementsof democracy, first that government should be an expression of the

people's will and secondly that it should work both smoothly andstably and not be subject to frequent crises, seen to have been metmore successfully by the Swiss system than by any other in theworld.

He concludes: "Therefore, this method if election represents theexpression of the people's will and it will be more stable andresponsible. My submission is that all the fears that some peoplemight entertain that this method of election would involve thecountry in sections and it will go against the solidarity of the countryare false. Some people who are really communally minded smell a ratin anything in regard to this kind of representation, that isunjustifiable. This is the most scientific and more democratic methodof representing the people of a country in a democratic system ofgovernment."

Kazi Syed Karimuddin"The common (FPTP) system of representation perpetuates thedanger and the only remedy is proportional representation. Thatsystem is is also profoundly democratic for it increases the influence

of thousands of those who would have no voice in the governmentand it brings men more near on equality by so contriving that no voteshall be wasted and that every vote shall contribute to bring intoparliament a member of his own choice and opinion"

"The present electoral system is really perverse"

"Today we are faced with an electoral system in which there is noguarantee except the reservation of seats that has been embodied inarticle 292 and 293. By my amendment I plead that if proportionalrepresentation is guaranteed the reservation of seats even on

religious grounds must go."

"The system that I regard as the best is the system of PR. It is notbased on religious grounds and it applies to all minorities.""In my opinion, where there is heterogenous population it is verynecessary that we should have coalition governments. It will not be abad thing that various representative elements should have to beconsulted in forming a ministry"

"The Congressmen are of the opinion that they are bound to sweep

the polls and therefore, they support the draft constitution whichestablishes a majority rule, making no effective provision for the be

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Edith of either communal or political minorities in the country. Theyare wrong and they would be found to be wrong.""That does not mean that I oppose the continuance of then presentregime. I want the Congress to live longer because they give peace,tranquility and a secular state to all communities in India but this

cannot be guaranteed unless the system of PR is introduced."

National Law Commission

The National Law Commission of India took cognaissance of the needfor reforming Indias electoral system and making it more inclusive.The endeavor started in November 1995 when the Ministry Law,Justice and Company Affairs asked the Law Commission to look intothe many pending election petitions. In August 1998 the LawCommission undertook a thorough review of the Representation ofthe Peoples Act, 1951. Between 14 November 1998 and 24 January1999 it organized four national seminars to elicit public opinion on thesame subject. The National Law Commission finally came out with aclear recommendation for a Proportionate Electoral System largelybased on the German model but making it fit into Indian groundrealities.

With a view to rectifying and redressing the aforementioneddistortions and inequities, the Law Commission was of the provisionalopinion that introducing a List System may serve to redressthe aforementioned distortions, at least to a partial extent. For this

purpose, we looked to the electoral system obtaining in certainother countries including Germany where a mixed system (FPTPand list system) is in force. In Germany, part of the seats are filledon the basis of FPTP system where under the members areelected from territorial constituencies and the remaining membersare chosen from the lists put forward by the political parties. We didnot however think it advisable to import the German systemwhole-hog for it was found to be extremely complicated and difficultof operation in a country like ours where a sizeable chunk ofpopulation is illiterate and is not able to operate such a complicatedelectoral system.

Accordingly, it was suggested that in the Lok Sabha as well as inthe State Legislative Assemblies, the present strength should beincreased by 25% of the existing strength which increased strengthshould be filled on the basis of list system. The list system was tobe confined only to recognised political parties (RPP). There would beno separate vote, nor a separate election for the members to bechosen under the list system.

Common Misgiving about PR

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It is good for European countries. It is not good for India and it will notwork in India. This argument originates from those who want to keepFPTP intact, as it is advantageous to their dominant designs. PRsystem has twenty variants and India can add one more that will suither specific situation. This is the beauty of PR system that it is not

rigid about anything. People and their representatives have to decidewhat type of representation is best for them. We do not borrow anycountrys model blindly. We shall create a PR system that will betailor made for India.

PR will increase communalism and casteism, as it will giverepresentation to each community according to the proportion ofpopulation. This is a wrong assumption. Proportionate representationis based on the matrix of votes and seats and not on the matrix ofpopulation. If communities want their community representation theyhave to form their parties or make their coalitions and come to thelevel playing fields in a win-win electoral politics. PR system createsthis win-win situation through its multi-member electoral districts,party list system and inner party democracy.

It is a very cumbersome process in India to change electoral system.We have change the constitution to do this. Any change in India iscumbersome, as we are multicultural society with a population of 1.3billion people. However, India has brought about 76 constitutionalamendments already and one more is for electoral reforms will be intune with the spirit of the Constitution of India that is inclusive

democracy. We also need to explore the possibility of bringing aboutthis change without a constitutional amendment if the Constitutiondoes not mention explicitly elections through FPTP system. Indianparliament can still rely on the spirit of the constitution if the letterdoes not stand against the spirit.

There is a legitimate argument that independents cannot contest inPR. However, countries like New Zealand and Nepal have madenecessary changes in their PR systems to also accommodateindependent candidates.

Latest Campaign in India - CERI

The Campaign for Electoral Reforms in India (CERI) was launchedin October 2008 after having seriously considered the non-representative and non-participatory nature of the First Past ThePost electoral system that is in vogue in India. A serious researchwas done on Proportionate Electoral System as practised inGermany. Subsequent to the launching of the Campaign CERI alsodid researches on the electoral systems of Norway, New Zealand,Nepal and the Netherlands in those countries.

1. The launching of the Campaign took place in Dhaka in an

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International Conference in October 2008. In this launchingConference a Core Group of CERI was set up with volunteerState Coordinators from 15 States.

2. The International Conference was followed up by a National

Conference in Delhi where interested people from differentparts of India took part. Participants from Nepal along with theirpresent Chief Election Commissioner placed a formal request toCERI to start a chapter of CERI in Nepal and also organize anInternational Conference in Kathmandu in view of the urgencyfor integrating the Proportionate Electoral System into the newConstitution of Nepal.

3. Subsequently sixteen State Conferences and innumerableDistrict level Conferences have taken place all over India.

4. Many political parties and national bodies of Minorities havecome forward in support of CERI. Mr. D. Raja one of the generalsecretaries of CPI raised the issue of Proportionate ElectoralSystem in the Upper House of Indias Parliament and also tookpart in the Workshop of electoral systems experts in Berlinorganized by CERI.

5. Many Intellectuals from North Eastern States have startedopenly saying that Proportionate Electoral System may be theonly solution to the stalemate in democratic functioning in their

region. Dr. Nara Singh, a former Minister in the government ofManipur has taken responsibility as Coordinator of CERI for theentire North East.

6. The Core Group of CERI has been meeting regularly at theBooshakthi Kendra and has planned out national programmesgradually also increasing its ownership level. It is a greatmeasure of commitment that the original Coordinators of CERIstill remain as Coordinators on a voluntary basis and new oneshave joined for new States. Besides the Coordinators a lot ofother eminent citizens, scholars and intellectuals have joined

hands in all the States to promote PR system in India.

7. The Core Group of CERI spent three intensive days indiscussions to prepare the Manifesto and also to developgelling mechanisms to develop collective ownership of theCampaign. All are happy about the utter seriousness with whichthe Core Group worked and ended with a strategic plan for thefuture work of the Campaign.

8. The All India Milli Council of the Muslim community in India, the

Republican Party of India, The Jan Lokshakthi, The Lok Sattaparty, The Indian Muslim League, the Vidudalai Chiruthaigal

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Party etc. have pledged their support to the Campaign and areactively participating in the programmes of CERI in one way orother. Some members of the Parliament came together for aConference organized jointly by CERI and the RPI in Delhi in themonth of August 2011.

9. As of now the Campaign has stepped into 22 States of Indiawith also a huge signature campaign for electoral reforms. TheLondon School of Economics has come forward to do tworesearches in India on the need for PR system.

10. CERI has also successful organized a Workshop ofElectoral System Experts of the world. This Workshop has comeout with a Statement that is now being widely distributed in thecountry.

There is every reason to believe that this Campaign for ElectoralReforms in India will be carried forward by all and sundry in the futureand the tasks of CERI will be considerably reduced as we move along.

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