NATIONAL
COMMISSION TO REVIEW THE
WORKING
OF THE CONSTITUTION
A
Consultation
Paper*
on
REVIEW
OF THE WORKING OF POLITICAL PARTIES SPECIALLY IN RELATION TO
ELECTIONS
AND REFORM OPTIONS
* The views expressed and the
suggestions contained in this paper are intended for the sole purpose of
generating public debate and eliciting public response.
January 8, 2001
VIGYAN BHAVAN ANNEXE, NEW DELHI – 110 011
E-mail:
<ncrwc@nic.in> Fax No. 011-3022082
Advisory
Panel
On
Electoral
Reforms; Standards in Political Life
Member-In-Charge
Dr.
Subhash C. Kashyap
Chairperson
Shri R.K.
Trivedi
Members
q
Shri P.A. Sangma
q
Shri Mohan Dharia
q
Shri N.N. Vohra
q
Shri S.K. Mendiratta
q
Dr. Vir Chopra
q
Smt. Nalini Singh
q
Prof. R.B. Jain
Special Invitees
q
Shri R.N. Mirdha
q
Shri U.C. Aggarwal
q
Shri S.D. Sharma
q
Dr. V.A. Pai Panandikar
Member-Secretary
Dr. Raghbir Singh
ACKNOWLEDGEMENT
This Consultation Paper on ‘Review
of the Working of Political Parties specially the relation to Elections and
Reform Options’ was prepared by the Advisory Panel on Electoral Reforms;
Standards in Political Life. It is
based on a paper prepared by the Institute of Constitutional and Parliamentary
Studies (ICPS). The ICPS appointed its
own Committee of experts with Shri R.N. Mirdha in the chair. The drafting was entrusted to Dr. R.B. Jain,
former Professor and Head of the Department of Political Science, University of
Delhi.
The Commission places on record it profound appreciation of
and gratitude to the ICPS and all others involved for their contribution.
|
|
CONTENTS
|
Pages |
1.
|
Introduction
|
421 |
2.
|
Constitutional and Legal Position
|
421 |
3.
|
Provisions
for Recognition |
423 |
4.
|
De-recognition of
Parties |
423 |
5.
|
Recent Trends
in the Growth of Parties |
424 |
6.
|
Problems in
the Working of Parties 6.1
Absence of Inner
Party Democracy 6.2
Representation of
Women 6.3
Training of Members 6.4
Need for Funds 6.5
Lack of Ideology and
Values in Politics 6.6
Leadership Quality 6.7
Campaign Methods 6.8
Regionalisation 6.9
Casteism 6.10 Communalism 6.11
Criminalisation 6.12
Growing Violence 6.13
Fractionalization and
Coalitions 6.14
Political Parties and
Governance 6.15
Jumbo Council of
Ministers |
425 425 425 426 426 426 427 427 427 427 428 428 429 429 430 431 |
7.
|
Reform Options 7.1
Areas of Concern 7.2
Areas of Reform 7.3
Suggestions for
Reform |
432 432 432 433 |
8.
|
Conclusions 8.1
Need for a
Legislation Governing Political Parties. 8.2
Criteria for
Registration 8.3
Criteria for
De-Registration 8.4
Structural
Requirements 8.5
Educational Training
and Development Activities 8.6
Leadership
Conventions 8.7
Stabilising the
Parliamentary System 8.8
Curbing
Criminalisation of Politics 8.9
Checking
Proliferation of Independent Candidates. 8.10
Problem of Party
Funding 8.11
Regulating Political
Contributions 8.12
Controlling Electoral
Expenditure 8.13
Monitoring Election
Expenditure 8.14
Patrimony of
Candidates and Politicians 8.15
Strengthening of
Anti-Defection Measures 8.16
Party System and
Governance 8.17
Restoring Moral
Standards in Public Life |
440 440 441 441 441 441 441 442 442 442 443 444 444 444 445 445 445 446 |
|
|
Questionnaire Select Bibliography Articles |
447 452 460 |
1. Introduction
1.1 Political parties are indispensable to
any democratic system and play the
most crucial role in the electoral process – in setting up candidates and
conducting election campaigns. In
recent years, we have witnessed a
succession of unstable governments,
and the reason for such a recurring phenomenon is said to be the archaic and chaotic functioning of political parties. Alliances
and coalitions are made, broken and changed at whim, and the balance of power seems to be held not
by those at the Union level, but by minor parties on the fringes. There is no
doubt that Indian political
parties have fragmented over the years.
Frequent party splits, mergers and counter splits have dramatically
increased the number of parties that now contest elections. In 1952, 74 parties contested elections,
whilst in recent years this number has swollen to more than 177, and has been consistently increasing since 1989.
Can the instability at the Union level or in the States be attributed solely to
the growing number of parties, or the malaise with which the political system
suffers today lies in the functioning
and the dynamics of the party system in
India, apart of course, from the other causes in the working of the political
system as a whole?
1.2 Political parties and the party system
in India have been greatly influenced by cultural diversity, social, ethnic,
caste, community and religious pluralism, traditions of the nationalist
movement, contrasting style of party leadership, and clashing ideological
perspectives. The two major categories of political parties in India are
National and State, and are so recognized by the Election Commission of India on the basis of certain specified
criteria. As of today , there are six
national parties (seven after the split in the Janata Dal in August 1999) and
38 regional parties recognized as such by the Election Commission of India.
1.3 The National parties are Indian
National Congress , Bharatiya Janata Party, Communist Party of
India, Communist Party of India (Marxist), Bahujan Samaj Party, and Janata Dal. As per the latest notification (June 29,
2000) the Election Commission has decided to de-recognize seven regional parties in some Sates based
on their poll performance. These are
Haryana Vikas Party, NTR-TDP (Lakshmi Parvati), Rashtriya Janata Dal in
Manipur, Shiv Sena in Dadar, Nagar and Haveli, United Minority Party in Assam,
Samajwadi Janata Party in Chandigarh
and Samta Party in Haryana.
Meanwhile, the CPI (M) and the Republican Party of India have been served notices of de-recognition.
2. Constitutional and Legal Position
2.1 The legal and constitutional position of political parties varies from country
to country. In most democratic countries, however, there
is neither any direct constitutional provision regulating the functioning of
political parties, nor any legal sanction establishing political parties as a
necessary governmental institution,
although there are some governmental systems which try to
prescribe some conditions for the operation of party system. A very good example is furnished by the
Constitution of the Fifth French
Republic, which prescribes that Parliament (The French National
Assembly) cannot make a law that may abridge the right of the political parties
to carry on their activities freely.
This is perhaps a tacit recognition of the existence of political
parties as a sine qua non of a
democratic system. Similarly,
the basic law of Germany's
Constitution includes political parties in its purview. Art. 21
of the Law guarantees the legitimacy of parties and their right to
exist, if they accept the principle of democratic government. The Federal Government of Germany has
thoroughly institutionalized the structure of political parties, by introducing the 5% clause, which makes it
extremely difficult for minority or splinter parties to form and flourish.
2.2 The Canadian practice of Registration of Party or Party
foundation is very comprehensive. Parties are registered on certain conditions
and party leaders are selected through
a national leadership convention composed of provincial party delegates voting
as individuals rather than as a
bloc. (See para 7.3.8)
2.3 Closer home, Nepalese Constitution (Art.12) provides freedom to form union and
association, which has been enshrined as a fundamental right, and Art. 112 deals specifically with the
prohibition to ban political parties. Any
law, arrangement or decision which allows for participation or
involvement of only a single political organization or party or persons having
a single political ideology in the elections or in the political system of the
country shall be inconsistent with the Constitution. And there are conditions for registration of political parties
for contesting elections; (a) they should adhere to the norms of democracy
within the party (b) there must be provisions for election of the office
bearers in the Constitution of the party at least once every five years (c)
political parties must field at least 5% women candidates for election. (d)
those parties which get at least three per cent of total votes cast in
elections are qualified for registration as political parties. A member of
parliament cannot change his party loyalty or abandon the party of which
he was a candidate at the election.
If he does so, he loses his seat in the
House [Art. 49, Clause (1) (f)]. However, all the parliamentarians from a party which received less than three
percent of the cast votes in the election to the House of Representatives are
treated as Independents.
2.4 Political
parties do not as such find any direct
mention in the Constitution of India. However, there is one
provision in the Constitution which is directly relevant to the
functioning of political parties: the Tenth Schedule. The Tenth Schedule of the Constitution was added by the
Constitution (Fifty-second Amendment) Act, 1985. It deals with the disqualification
of a person for being a member of either House of Parliament [Art. 102(2)] or
the Legislative Assembly or Legislative Council of a State [Art.191(2)], on
ground of defection.
2.5 In the
absence of a sufficiently detailed constitutional provisions, the major onus of
framing and administering the rules and regulations governing political parties
in India has fallen on the Election Commission, a constitutional body
responsible for conduct of elections.
The Election Commission of India has the ultimate power to accord
recognition and status of political parties to “the association or body of
citizens of India". The Election Commission has the power to decide whether or not to register
an association or body of individuals as a political party.
2.6 According to
Article 29A (1) and (2) of the R. P. Act, 1951 it is mandatory for any
association or body of individuals of India calling itself a political party to
make an application to the Election Commission for its registration as a
political party, within thirty days following the date of its formation.
Article 29A (5) requires that the application shall be accompanied by a copy of
the memorandum or rules and regulations of the association or body, by whatever
name called, and such memorandum or rules and regulations shall contain a
specific provision that the association or body shall bear true faith and
allegiance to the Constitution of India, and to the principles of socialism,
secularism and democracy and would uphold the sovereignty, unity and integrity
and unity of India. And proviso to
Sub-section (7) of Section 29A provides that no association or body shall be
registered as a political party under this Section unless the memorandum or
rules and regulations of such association or body conform to these provisions,
i.e. the provisions of Sub-section (5) of Section 29A. The decision of the Commission in this
matter is final.
2.7 The
recognized political parties are accorded the status of a National or State
political party in accordance with the provisions of Election Symbols
(Reservation and Allotment) Order, 1968 as amended from time to time. These provisions are discussed in para 3
below. The number of National parties
has been varying from 14 to 4 owing to continuous review of the status based on
the performance of the parties. In 1951 there were 14 National parties while
presently there are 7 National political parties. The number of National
parties was: in 1957 (4), 1971(8), 1977 (5), 1980 (6), 1984(7), 1989 (8), 1991
(9), 1996 (8), 1998 and 1999 (7).
There were no National parties in 1962 and 1967. [ These were at that
time called multi-State parties]
2.8 It may be
noted that political parties in India
are also sometimes categorized by observers, academics and political analysts
on the basis of their territorial or geographical representation, such as: All
India parties, Regional parties and Local parties. This is done by them only as a matter of convenience to argue a
particular point, or identify them in a particular way, and does not in any way
reflect either any official party
classification recognized by the Government or by the Election Commission.
Similarly any identification of a party on the basis of its ideological
orientation as a party of the left, right, center, socialist, communist,
communalist or leader- centered
etc. bears no official recognition.
3. Provisions
for Recognition
3.1 According to
Para 2 (h) of the Election Symbols
(Reservation and Allotment) order 1968, Political party means an association or
body of individual citizens of India registered with the Election Commission of
India as a political party under Section 29A
of the R. P. Act of 1951.
3.2 As per para
6A of the Election Symbols (Reservation and Allotment) Order, 1968, as recently
amended, a political party shall be treated as a recognized National party, if,
and only if, -
either (A)(i) the candidates set up by it, in any four or
more States, at the last general election to the House of the People, or to the
Legislative Assembly of the State concerned, have secured not less than six
percent of the total valid votes polled in their respective States at that
general election; and (ii) in addition, it has returned at least four members
to the House of the People at the aforesaid last general election from any
State or States;
or (B)(i) its candidates have been elected to the House of
the People, at the last general election to that House, from at least two
percent of the total number of parliamentary constituencies in India, any
fraction exceeding one-half being counted as one; and (ii) the said candidates
have been elected to that House from not less than three States.
3.3 According to
para 6B of the aforesaid Order, a political party, other than a National party,
shall be treated as a recognized State party in a State or States, if, and only
if, -
either (A)(i) the candidates set up by it, at the last
general election to the House of the People, or to the Legislative Assembly of
the State concerned, have secured not less than six percent of the total valid
votes polled in that STate at that general election; and (ii) in addition, it
has returned at least two members to the Legislative Assembly of the State at
the last general election to that Assembly;
or (B) it wins at least three percent of the total number of
seats in the Legislative Assembly of the State, (any fraction exceeding
one-half being counted as one), or at least three seats in the Assembly,
whichever is more, at the aforesaid general election.
3.4 According to
para 6C of the said Order if a political party is recognized as a National
party under paragraph 6A, or as a State party under paragraph 6B, the question
whether it shall continue to be so recognized after any subsequent general
election to the House of the People or, as the case may be, to the Legislative
Assembly of the State concerned, shall be dependent upon the fulfillment by it
of the conditions specified in the said paragraphs on the results of that
general election.
4. De-recognition
of Parties
4.1 Section 29A
of R. P. Act, 1951 makes it mandatory for the political parties to provide
specifically in their constitutions that they bear true faith and allegiance to
the principles of secularism, socialism, and democracy besides to the
Constitution of India, to gain registration by the Election Commission. However, the sanctity of the provision is
diluted by the fact that the parties who do not subscribe to secularism,
socialism and democracy would be denied registration but they can contest
election. Also the Election Commission
has held that a political party duly registered under the R. P. Act, 1951
cannot be de-registered by the Commission on the allegation that the party had
violated the law or has ceased to function in accordance with the undertaking
that it would abide by the principles of secularism. The only case where the Commission could de-register a party was
when it was found later that a party had obtained, through fraudulent means its
registration, or it was declared by the Government as unlawful. It could also be de-registered if the party
itself intimated the Commission that it had ceased to function or had changed
its party constitution, or that it would not function in accordance with the
provisions of the law.
5. Recent
Trends in the Growth of Parties
5.1 The
history of origin and growth of political parties in India can be traced to
the days of India's struggle for freedom.
The Indian National Congress was perhaps our first political party; it
came into existence in the year 1885.
There were some groups formed by patriotic Indians before that, but they
did not converge into becoming a
political party. The Indian
National Congress was the natural and inevitable outcome of a national
awakening. The evolution of the party system after Independence presents a study
of transformation from one-party dominant system to a complex of multi-party configuration, in which presently strong trends of fragmentation, factionalism, and
regionalism, coupled with the desire to form alliances for seeking a share in
the pie of power (irrespective of any strong
ideological or programmatic commitments) are being increasingly
witnessed.
5.2 Elections
held for the tenth Lok Sabha held in
May-June 1991 produced a ‘hung’ house.
The Congress (I) occupied the position of the single largest party with
220 seats followed by BJP and the Janata Dal.
A minority government under the leadership of the Congress (I) President
Mr. P. V. Narasimha Rao, who succeeded the assassinated leader Rajiv
Gandhi was installed. The fractured verdict of the Eleventh Lok
Sabha elections also produced a hung parliament. The BJP formed a minority government under the leadership of A.
B. Vajpayee. But the Prime Minister had
to relinquish office only after
thirteen days. When he was not sure of proving his majority in the House, he
resigned. The fall of the BJP
government paved the pay for installation of the UF government first under H.
D. Deve Gowda and then I. K. Gujral on 1 June 1996 and 21 April 1997
respectively. Even then the Lok Sabha
could not complete its full tenure of
five years.
5.3 In 1998, the BJP changed its strategy of
fighting alone and entered into alliances with a number of regional
parties. This strategy helped the BJP
to improve its own score and also that of the alliance. The
contest was mainly between two major pre-poll alliances. One was led by BJP and consisted of Samata
Party, Harayana Vikas Party, Lok Shakti, Shiv Sena, Biju Janata Dal, Akali Dal,
AIADMK, MDMK, Janata Party, PMK, Tamil Nadu Rajiv Congress, Loktantrik
Congress, Jantantrik BSP, Janata Party (Rajaram), Trinamul Congress etc. The other alliance was led by the Congress
Party and was composed of RJD, Samajavadi Party, Republican Party of India,
BSP, TUTS, TNP, BKKP, Muslim Majlis etc.
5.4 The results of the 1998 elections gave
the message that electorate of India had endorsed a two-party or two national
alliances system to dominate the country’s political scene. On the basis of the voting pattern, it could
be said that the voters in almost every State hinted that they did not want
their preferences to be divided only between the two major poles of
alliances. They identified the two
major contenders and confined their preferences to this either-or option. Both BJP and Congress could do well only in
those States where they had struck alliance with some parties. This was an interesting phenomenon which
was likely to continue and usher in the
country an era of polarization between two parties/alliances. The defeat of the BJP led alliance
government by a single vote in the Lok Sabha in May 1999 when the AIADMK suddenly withdrew support paved the way for
the 13th General Elections, which were held in August/September 1999.
The election results again went in favour of the BJP-led National
Democratic Alliance (NDA), consisting of 24 [rbj1]partners led
by Atal Behari Vajpayee who comfortably formed the new Government in October
1999.
5.5 The present phase in the evolution of
the party system is noted for two
features. One, the general trend
amongst both the national and regional
parties to move away from the strict
ideological framework of the party of the left or the right. Although in general, they do profess to
stick to their party ideology or at least
are known by certain ideological labels. But in their actual
programmatic support they seem to be more pragmatic inasmuch as they are not
reluctant to give up their ideological instance or put it on back burner, if
that helps gain them a share of political power. Such trend has been witnessed both at the national as well as at
the State level and parties are less inhibited to share power or coalesce in
government formation with the groups,
who till the other day were their bitter political opponents.
Secondly, since the resultant coalition alliances are
neither 'ideological' nor have any common objective to cement them together,
they are merely short term tactical arrangements established by ambitious
politicians that are rooted in the exchange of mutual benefits and compulsions
of power, the mobilization of
electorate is done through a strategy of support to regional cum segmental or ethnic issues without giving overriding
support either to national or primarily
local issues.
5.6 The last decade of the 20th century
saw a sharp rise in political
mobilization on the basis of social cleavages based on ascriptive
identities, in particular of religion and caste. Casteism, communalism and personality domination have been the main planks around which the
fragmentation of political parties has
taken place, which has resulted in more caste and class-based political
violence in the society. Political parties have invariably exploited these
sentiments for gaining electoral
support and political mobilisation of
the voters.
5.7 There was another significant
development after the 1989 elections affecting the party system. The coalition politics gained a new
trend: Parties' tended to lend
support to Government from outside without formally joining it, thus ostensibly sharing
power without assuming any responsibility. Article 75 (3) only says that the Council of 'Ministers shall be' collectively
responsible to the House of the People. The manner in which this condition is
met from coalition partners or from those outside it, is of no constitutional
significance. However, the experience of government formation with
outside support both at the national and state level has invariably created
instability in Indian politics. A corollary to these developments has been
emergence of an environment of
'blackmail' within the party
alliances, where not only a minority
government or an alliance of parties felt insecure to implement its minimum
election program or polices but also faced considerable hindrances in taking
hard executive or routine administrative decisions in matters of appointments
to council of ministers or representing a particular interest, constituency or
any party's viewpoint in any policy move.
6. Problems in the Working of Parties
6.1 Absence of Inner Party Democracy:
Over the last fifty years of Independence, no political party has been able to
observe the basic norms of inner party democracy. The authority in organizational matters has always been from the top to the bottom through successive layers of party
structures. Leaders of political parties in Independent India have not always
emerged through a process of democratic elections and promotion from the
lower levels to the higher and the top.
Thus leadership in most political
parties in India may be democratic in appearance but highly oligarchic in reality. Frequent rifts between the National
and State party organizations in almost all national parties suggest that
highly integrated party structures may soon no longer be appropriate and we may
be led to the realisation that a national party should not be over-centralized,
still less personalized Fear of party
disintegration has led many political
leaders to worry about preventing it from being reduced to the status of a
State or regional party. Strong leaders
with support from their States have been by-passed in favour of loyalists. Instances are galore when the
party presidents have appointed party
chiefs in the States just before the organizational elections were to take place despite the protests of the central
election authority chairmen. Even when
the elections to State party chiefs were to take place after a gap of almost
two decades, the President of the party was "authorized" to
nominate a majority of the State party
chiefs. These trends are likely to boomerang on the party's strength and
capability. A modern party is a public
institution, not a personal fief.
Without intra-party elections, without ministers who enjoy strong
regional support, and without the encouragement of a variety of opinions,
political parties are like to wither away.
Undemocratic parties cannot
contribute to constitutional and democratic government. It is suggested by some scholars that
enforcement of party constitution through legal and judicial action may be
necessary. Regular organizational
elections should be mandatory. In order
to control bossism in parties, many analysts have suggested the introduction of
a more democratic process of nominating party candidates by a primary election
by the party membership. An alternative suggestion is to authorize each local
party unit to have a significant say in nominating the party candidates in that
area for legislative offices.
6.2 Representation of Women:
Political parties cannot remain indifferent towards women who constitute nearly
50% of the electorate. Although almost
all parties have attempted to build women organizations to secure their support
and make their organization more broad -based, but in practice they have
fielded much less proportion of women candidates in the elections giving
them proportionately much less representation in the legislative bodies
than their actual population
strength. In recent times this has
been a matter of crucial concern in
view of the controversy over reservation of
30%or so of the seats in these bodies.
6.3 Training of Members: Training and
orientation of new members is one of the important functions of political
parties. The parties which are
organized on the model of cadre party systematically develop appropriate
agencies of training for members. But
most Indian parties, except for the
Communist parties and the BJP have not followed this model. Parties in India
do not have a permanent system of
training of their members ,and whatever
arrangements for training are done are done on ad-hoc basis by national
or state level organization.
6.4 Need for Funds: To perform
various functions and contest elections in an effective manner, every
political party requires huge funds.
Apart from expenditure of office establishment, full time-workers,
agitations, propaganda and travel,
parties have to organize election campaigns. But the financial matters of party are kept secret while other aspects of organization are known to
people. Very little is known about finances of political parties. In fact, secrecy is maintained even within a
party. Only a few leaders at the higher
level know the truth about the total funds and expenditure. Parties do not publish statements of
accounts , income and expenditure,
though financial matters are discussed at conventions and conferences or
in meetings of higher bodies like working committee or the executive
committee. Many political parties and
candidates have been found to be using dubious methods in raising funds,
like kickbacks, funds from foreign countries and even from donations by mafia gangs and other
non-desirable elements. How to let the
parties get honest funding from
legitimate sources for their basic and continuing political activities has
emerged as one of the most crucial contemporary concerns of the reform agenda in respect of the functioning of political parties in India.
Most observers of political scene have stressed the need to ensure accounting and auditing of party finances at
various levels of party
organization. Transparent sources of
party finances are a must.
6.5 Lack of Ideology and Values in
Politics: There has been a very sharp erosion in the ideological
orientation of political parties. Party
dynamics in India has led to the emergence of valueless politics much against
the ideals of the father of the nation, Mahatma Gandhi, who suggested that the
Congress party should be disbanded
after the achievement of
Independence and its members should engage themselves in the
service of the people. While Gandhiji taught us tremendous selflessness, self sacrifice and service to
the people, such inspirational values,
the democratic norms and institutions have been destroyed systematically over
the last fifty years of the working of the Constitution. In the process, both the politicians and political parties have lost their
credibility, the ultimate value that should bind them with the masses. There
seems to be a crisis of character amongst the politicians, as the system does not encourage the honest leader. Because of the falling moral standards both
in the public and among the leaders, criminalisation of politics and
politicization of criminals has become the norm. Due to degeneration of
leadership, parties have been entangled in power struggle for the sake
of personal ends.
In
amoral pursuit of power politics, every major player seems to be playing a no
holds barred game. Astronomical sums of tainted money have come to play an
important role both in the pre and post-election scenario. The entry of
criminal elements within the folds of political parties and later their
elevation to the portals of peoples
representative chambers and the executive positions of ministers have resulted
in an environment of declining moral standards of public life and the emergence
of value-less politics for personal
gains. Unfortunately this trend has
penetrated to all walks of public life
and no political leader or political party seems to care for value-based
politics and upholding of moral standards.
The Gandhian value of the spirit of service to the nation has become
completely extinct from the present
day politics. So
untrammelled by moral values has
politics become that there are
instances of the importance and claim to high office of a politician being
measured not in terms of what he can contribute to the state or public weal,
but the size of the funds he can covertly raise and the necessary 'criminal'
power to win elections he can provide.
6.6 Leadership Quality: The older
political leadership had risen from the ranks.
The rise was neither sudden nor irrational, and their adherence and
commitment to party ideals and ideology was unflinching. They respected party
discipline. The present day political leadership seems to be in a tremendous
hurry to reach upto the top, and is not
averse to use short cuts, dubious methods,
money or muscle power to achieve their objective. The entry of the toughs and persons with
criminal background to the portals of the legislature is a very serious
consequence of these trends.
Such incumbents
thrive on the use of their lung power or aggressive instance to disrupt
or withhold the proceedings of the legislature for days on thereby causing a
tremendous drain on the public exchequer and
the valuable time of the House.
The result is that the more important issues facing the nation do not
get discussed or passed and policy making and
the process of good governance suffer.
6.7 Campaign methods:
The campaign methods used by parties in the days of electronic media, high-tech
advertisement, projecting images through the
glamour of models and the film / TV idols have taken away the element of
serenity and the spirit of public service from the political leadership. The election campaigns both at the regional
and national levels these days have become
kinds of stage shows in which the matinee idols are paraded to attract
voters in support of their candidates
by the rival parties without seriously discussing or educating
the electorate about the issues at stake in the election.
6.8 Regionalisation: The
regionalisation of political parties has compelled many of the parties to
orient their highly centralized
organization and decision-making structure to suit the new demands of
party at the state level, thus adopting
a confederation like approach for the party organization. This has resulted in
a lesser assertion of national control
over state units.
Secondly, regionalism and regional parties have made
'ethnicity' acquire a growing respectability at home and abroad.
Thirdly,
as national politics has now entered a coalition phase, regional parties are
being grouped together to provide a working majority at the center. At the same time, differences in the
economic, educational and social interests of regional middle classes,
intermediate castes and the new classes are bound to overwhelm the unifying
capacity of regional pride. Moreover,
as concerns of the national polity move away from egalitarian restructuring,
the regional parties too are likely to fall prey to the new economic forces
represented by liberalisation, globalization and the NRIs.
Fourthly,
India in strict legal terms is a union of states, rather than a constitutional
federation. In practice, it has some characteristics of federalism, and the states do enjoy a
certain amount of autonomy, but the popular perception is one of a centrally
governed country. If India has entered
a plural-polity situation, in which several parties govern the country, one or
more at the center and others in the states, a question is raised time and
again whether a stable regime at the center can cope with a plurality of regimes in the states, some of them basically
unstable. And, if the regime at the Center is itself
unstable, what would happen to the process of governance, and the popular
perception of India as one of a centrally governed country. This is perhaps the greatest dilemma facing
the growth of political parties today, and needs some serious consideration for
devising strategies towards harmonizing the regional with national interests.
6.9 Casteism: Although there
is hardly any instance in India of a political party being totally
identified with any particular caste group, yet there are cases of certain castes lending strong support to
particular political parties. Thus while political parties struggle among
themselves to win different caste groups in their favour by making offers to
them, caste groups too try to pressurize parties to choose its members for
candidature in elections. If the caste
group is dominant and the political party is an important one, this interaction
is all the more prominent. In many political parties, in place of ideological
polarization there occur the determination of policies and programmes as well
as the nomination of electoral candidates and the extension of support to them
on caste consideration. Caste exercises
its impact in the political field by specific caste groups coming together to
vote en bloc for a candidate of
their own caste, without considering the merits and demerits of the candidate,
by appointing the members of
influential caste or caste group or groups in the party as well as in the
constituency and to offices of profits.
A caste, wishing to exercise political power must have a considerable
number of its members elected. This
involves putting pressure on some particular party and different castes
struggling against each other in a bid to have a majority of their caste
candidates elected. The electoral field
witnesses both competition as well as alliances between various caste
groups in order to get a substantial
number of their caste-men elected.
Caste, therefore dominates the political field, especially at the lower
level.
The
emergence of regional parties and the 'withering away of national outlook and
spirit' thus sets off another crisis.
Candidates come to be selected not in terms of accomplishments, ability
and merit but on the appendages of caste, creed and community. Ultimately caste becomes the deciding factor
on selection. When 'disparate'
political groups with caste-based ideologies compete for space in governance,
national goals take a back seat. The more serious repercussion of this
development is the political violence that has resulted in many parts of the
country, particularly in Bihar, where dominating caste groups openly clash with
minority groups resulting in a spate of caste-wars and massacres of innocent
people. One caste, in its attempt to
obtain political power is committing
aggression on the other. The talk of minority interests (especially of a
community only) by regional parties is only a smoke-screen to hide caste and
regional interests. Caste based
politics and casteism are eroding the 'unity'
principle in the name of regional autonomy.
6.10 Communalism: The partition of the former united India in 1947 in two independent nations had its origin in the forces of communalism
that swept the sub-continent during the first half of the last century. Despite
the emergence of India as a 'secular ' state, the politics of
communalism and religious fundamentalism in the post independence period has
led to a number of separate movements in various states and regions of the
country. Communal polarization, rather
multi-polarization, has posed a threat to the Indian political ethos of
pluralism, parliamentarianism and
federalism. Despite the adoption
of the principle of 'secularism' as a constitutional creed,
which ironically allows communal parties to compete, the trend towards
communalism and fundamentalism in
Indian politics have been growing day by day.
The spirit of tolerance that is essential for a 'secular' society seems to have completely vanished from the
body politic of India. The covert communalism practiced by every political
party, in pursuit of electoral
politics and vote banks has earned it the epitaph of 'pseudo-secularism' or
'minorityism". The dynamics of national and state politics of the last
decade is a mute witness of the clashes and conflicts between the so-called
'secularist' and the 'communalist'. Although a comprehensive constitutional
amendment Bill (80th
Amendment Bill) and Representation of the People (Amendment )
Bill 1993 were introduced to de-link politics from communalism, casteism, and
linguism etc. by the minority Government, these could not pass through the
Parliament.
Caste
and religion have in recent years emerged as rallying points to gain electoral
support. Unfortunately there is a
tendency to play upon caste and religious sentiments and field candidates in
elections with an eagle eye on the caste equations and communal configurations.
(See S.K. Jha in Politics India, Oct. 1998). Exploiting caste sentiments
and playing off one caste combination against the other with a political axe to
grind, perhaps even more than religious
bigotry is the very anti-thesis of rationalism, but the monster of casteism has
all of a sudden mysteriously gained wide respectability as a means of
empowerment of the subaltern India!
Some politicians, well known for their 'communally sensitive'
disposition, taking a cue from communalism have gone to the extent of demanding
a 'fair' representation of the minorities in
the bureaucracy, police and para military forces. (Jha, op. cit.)
6.11 Criminalisation: Although the influence of muscle power in
Indian politics has long been a fact of political life since the First General
Elections of 1952, when some feeble allegations were made about the use of outlaws by the politicians to further
their electoral prospects, the intensity and frequency of such allegations,
have increased in more recent times, and the
criminalisation of politics and
the persons known to have criminal past becoming legislators and ministers has
not only become very common but is being openly defended by the party leaders.
A stage has now reached when the politicians openly boast of their
criminal connections. A Bihar
minister’s statement in the Assembly that he patronized and would continue to
patronize gangsters to fight and win elections
is a pointer to the growing
phenomena where criminal background has become an invisible requisite to win
elections. Despite the country-wide debate that was generated by the Vohra
Committee Report on criminalisation of politics, the system has changed only to the worse. Earlier in the 1960s, the criminal was only
content to playing second fiddle to the politician to enable him win the
election and in turn to get protection from him. The roles have now reversed.
It is the politician now, who seeks protection from the criminals. The
latter seek direct access to power and become legislators and ministers. The Election Commission's observations that
nearly 40 members of the 11th
Lok Sabha and 700 members of the state assemblies had a criminal past proves
this. The Election Commission's
requirement that prospective candidates file an affidavit listing the criminal
charges that they face had hardly made
any dent on the growing criminalisation of politics. Some radical reform in the
existing structure of law needs to be taken urgently. Until this is done,
political parties could have taken certain initiative in curbing this trend,
that is by refusing tickets to politicians with a criminal background. Far from
it, the party leaders invariably seek out those candidates for party tickets,
who can, not only win elections themselves, but can also help
other party candidates to win, irrespective of their past criminal history or
background. The Election Commission is powerless in preventing criminals from
contesting the elections. The
Representation of People Act allows it to debar candidates convicted of certain
crimes, but it cannot stop those under trial, or whose appeals from their
earlier convictions are pending for disposal before the higher judiciary for multiple murders or rape, or corruption
or theft from the public exchequer, from sitting in the country's highest
legislative forums. There have been a
number of cases where persons under trial have contested elections , while
being lodged in jail, and have
won. Unfortunately no political party
has taken any concrete steps to curb this menace.
6.12 Growing Violence: The growth of political parties and
emergence of various political groups in India has brought into focus a very disturbing and serious phenomena in the body
politic of India. There are some
sections of the population and highly organized political groups and
parties, who do not like to remain within the orbit of the Indian
Constitution and work outside the existing political apparatus and party norms,
and in the process have taken to political
violence and terrorism in a big way, as the only method for political
participation. This has not only spread
panic amongst the general population in some areas of the country, but people
seem to have lost confidence in the
efficacy of government in ensuring security for the general populace. Criminals now call the shots. They dictate and the Governments obey. Whether it is the hijackers of a plane or
kidnappers of a film star, their writ runs supreme.
6.13 Fractionalization and
coalitions: A spate of minority and coalition governments at the Center due to the
fragmentation of the party system has
laid bare the vulnerability of the process of governance due to political
uncertainty and instability of governments.
Efforts were made by the coalition partners or allying parties to
establish some sort of institutional mechanism to evolve a consensus on the
minimum governmental programme for action and to affect coordination between
the different constituents of the government both vertically as well as
horizontally by instituting
multi-layered coalitional structures and a variety of steering and
coordinating committees both for inter-party and party-government consultations and/or to resolve major
differences through personal emissaries of the Prime Minister. At best,
however, these efforts remained merely ad
hoc in nature and did not quite result in the establishment of some
effective permanent institutional devices to bring about a rapprochment amongst the coalescing partners. The
efforts were not quite successful .
A
significant impact of the trend towards coalition governments in India has been
its effect on the policy outcomes. A
generic characteristic of the public policies adopted in India over the last
decade is the short time horizons embodied in them as most coalitions of party
system are committed to providing short term
benefits to their constituents.
One important facet of this is the well known crisis of public finance
plaguing most state governments in India, in particular the larger states.,,
which has been aided by the short-term mismanagement of the exchequer. Examples include writing off loans, sometime
even the full amount of the original loans.
The
present phase of the evolution of parties in India has revealed a number of
grey areas of party functioning having serious repercussions for the political
system, policy issues and process of governance. The party manifestos, which are supposed to provide an indication
of the direction of policy perspectives
have in most cases become a set of promises, something for everybody so
that more votes can be garnered. Most
party manifestoes have ignored the burning policy issues like population
growth, pollution, rising prices, illiteracy,, unemployment , empowerment of
women and the integrity and security of
the nation. It is time that these deficiencies are sought to be overcome if the
country is to maintain a semblance of
continued economic progress with stable democratic framework of government.
In
a significant study conducted by Oliver
Heath in 1998, it has been demonstrated that on the whole there had been
remarkable continuity between the degree of fractionalization shown at the
state and constituency level. The
relationship between the two is very close.
Fractionalization operates on essentially two levels in India. The top level, and most fractionalized is
the national level.. The dynamics of
party competition at state level has shown little sign of increased
fractionalization in the 1990s. This indicates that the fragmentation at the
national level is not representative of the actual types of contest that exist
in the direct competition between parties. Thus one cannot say that the
fractionalization at the national level
represents a fractured mandate, as on the whole the mandate of the people is
fairly clear, it is just that the clarity only exists within the context of
state rather than national politics.
The
implication of these two conflicting patterns of fractionalization makes the
possibility of a single party securing an overall majority in the Lok Sabha in
the near future very remote. The lack
of disruption that increased ineffective parties at national level has had on
state contests indicates that the growth of one party has been evenly matched
by the decline of another. The
transformation in the composition of parties at state level has been almost
seemless. In this instance, it is regional parties that have prospered
and the national parties, like the
Congress that have suffered.
Thus
we are left in a position where politics only makes sense at the state
level. A reversal of this situation is
not likely to happen overnight, and any move towards fewer effective parties at
national level is only likely to happen at the cost of an increased fractionalization at state level. It would therefore seem that the major issue
of facing any party that hopes to form a government at the Union level, is not
how to win an overall majority, but how to form strong and secure inter-state
alliances.
Today,
the regional political parties have come to play a very effective role in the
formation and deformation of governments leading to political instability and
frequent elections. However, there is a
need to conceptualize the role of regional political parties in a democracy
like India. The regional parties come into power because of some popular stand
that they take up on some local issues.
The national political parties have aligned with them for political
reasons without commitment in detail to every thing that regional parties may
profess. But a problem continues in the
relationship between national and regional parties as a national party has to
cater to national issues and causes which should naturally admit of no regional
barriers; while regional parties by their very nature have to take up only
local issues. Hence, the national party
too tends to become ‘regional’ as it adopts a regional platform.
6.14 Political Parties and
Governance: Atul Kohli defines the
concept of governability as the capacity of the rulers to do three things: maintain coalitional support; initiate
solution to problems perceived to be important, and resolve political conflicts
without force and violence. Thus, a
democratic developing country is well governed if its government can
simultaneously sustain legitimacy; promote socioeconomic development, and
maintain order without coercion. The
growing incapacity of India to perform these tasks is what has been
conceptualized by him as the manifestation of crisis of governability.
According to him four major factors
have influenced the nature of political change
in India: (1) the de-institutionalizing role of national and regional
leaders; (2) the impact of weak political parties; (3) the undisciplined
political mobilization of various caste, ethnic, religious, and other types of
groups; and (4) the increasing conflicts between the haves and have-nots in the
civil society. If these trends continue unchecked, India's
political crisis is likely to get worse.
Given the
emphasis on the structural origins of the crisis in governance, the kinds of
leadership actions that could halt or reverse India's erosion of authority
would have to involve two major changes: (1) the need to strengthen the
organizations of the major parties, and (2) the need to narrow the gap between
the state's commitments and capacities.
If one had to predict the most
likely outcome over the next decade, it would be, policy ineffectiveness and
continuing turmoil, encouraging further centralization and use of force,
punctuated by occasional bursts of hope created by elections and electoral
gimmicks. If one were to set out to
alter the current political trends, then strengthening the party organizations
would be an important area for action.
The ongoing populist posturing
of India's political parties, without
the capacity to deliver on promises, has become a serious political problem.
Another
study under the auspices of Center for Policy Research by Lok Raj Baral also
supports such trends. He notes that
since the national parties in India started fast loosening their grip on local
institutions, and the elites were preparing grounds for regional and local
organizations, problems of governance increased as a result of the lack of
accord between the emerging local realities and the rigid approach of the
national elites to such burgeoning trends of governance. Other issues concerning the diminished role
of national parties are also related to ideological contradictions and
functional gaps between commitments and practices manifesting them in election
campaigns or in their opportunistic
alliances formed for political aggrandizement. India's governability has been
greatly affected by the pulls and pressures of the ruling party at the Center
or by positions taken by parties supporting the government. The Prime Minister's position under a loose
coalitional arrangement has been perennially precarious owning either to his diminutive
position in his own party or to his act of balancing of disparate groups whose
incongruous motivations and tactic al lines may not be in the larger interest
of the government.
The
manner in which political parties in India are increasingly becoming anarchical
in both their behavioural norms and functions suggests that too much compromise
for staying in power would result in bad governance. If members of parliament and State Assemblies themselves become
rowdy in their behaviour as is demonstrated by frequent walkouts, sit ins into
the well of the house, installing the proceedings of the house on filmsical
grounds for days on and on without regard to the staggering financial burden
that it is causing to the public exchequer, apart from the precious waste of
time and energy of the political elites, breaking furniture, communication equipment, using these as weapons to
beat and hurt the opponents within the precincts of the house, prompting the
Speaker to frequently remark that it was "a mindless mockery of the people
who have returned us to Parliament", it is shameful not only to the people of India but also to those who
look upon Indian democracy for inspiration.
The politics of splits, defection, violence and 'subterfuge' has taken over the governance of the country
thus showing no deference to norms, rules and procedures. Such trends are likely to be routine affairs
if parties continue to stoop too low for grabbing power by force or by foul
means.
6.15 Jumbo Council of
Ministers: The experience of minority and coalition governments has also
resulted in the practice of creating abnormally large or what is known as jumbo
size council of ministers in order to accommodate the coalition partners in the
government. It has given rise to
serious impediments in the process of
governance. Besides the inherent
problem of conflicting jurisdictions of the various ministers, both vertically
and horizontally, personality clashes and egos, and the woefully inadequate
physical facilities and assistance for their effective and efficient functioning, it has been observed
that many of the incumbents of the offices lack the basic capabilities to govern.
Most of the time they are interested in their privileges and perks as being the ministers of the government,
making speeches, cutting ribbons at inauguration functions, laying foundation
stones, and making trips to foreign
countries on government expense. A
majority of these seem to be interested
in the politics of transfers and making all sorts of recommendations for their
relations and favourites. The
consequences are not only a tremendous drain on the meagre government
exchequer, but inefficiency, delays and slackness because of the inflated governmental machinery, hence increase in
malpractices and corruption.
It is
thus important that political parties and legislators need to be educated, socialized, disciplined and
sensitized to public welfare for
becoming effective partners in the process of governance.
7. Reform Options
7.1 Areas of Concern: In the
background of the foregoing analysis
of the functioning of the party system in India, it is evident that the
parties in India face a number of
challenges. Not only they have declined
in terms of their ideological orientations and commitment to the welfare of the masses, but in the recent
past they have shown tendencies of factionalism, doggedness in terms of opposition for opposition sake, and agitational politics. At times they have displayed behaviour,
which tends to be unprincipled and unconcerned for the welfare of the masses. Many
of their leaders have been affected by
communalism, caste, community or religious biases and have known to have
links with mafia groups, criminals,
senas, and militant or fundamentalist
organizations. Changing of party or
group loyalty is endemic in party
organizations in India, and almost everyone is willing to defect at the drop of
the hat, if the grass seems to be greener on the other side. Parties make and
break political alliances to maintain their influence within the party and
government, and to remain in power with the aim to keep the rivals out. Most of these factional groups are
non-ideological and have no vision of
the good of the people nor any capability to govern or undertake party responsibilities.
The
political parties in India face organizational problems in regard to discipline, defections, intra-party
organizations, elections within the parties, and splits in the party. Raising
of adequate funds for party
organizations and activities by legitimate means and their appropriate and
effective utilization during
non-election and election periods is a
perennial problem. criminalisation of
politics and politicization of criminals and the maintenance of public ethics
is another area of concern in respect
of party functioning.
7.2 Areas of Reform: Thus in the
perspective of the evolution of political parties in India during the last
fifty years as described above, the following are some of the areas of
reform which should be of immediate
concern:
1.
Institutionalization of
Political Parties - Need for a Comprehensive Legislation to regulate party
activities. Criteria for Registration as a National or State Party -
De-recognition of Parties
2.
Structural and
organizational Reforms - Party organizations – National, State and local levels
- Inner Party democracy - Regular Party
Elections, recruitment of party cadres, socialization, develop-ment and
training, research, thinking and policy
planning activities of the party.
3.
Problems of Party
Funding -Need for a Legislation to regulate party funds - distribution and spending of party funds
during non-election and election times.
4.
Maintenance of Regular
Accounts by the Political Parties-Auditing and publishing – making audited
accounts available for open inspection.
5.
Party system and Electoral
system - To what extent and in what way the electoral system could be
reformed so as to pave the way for the
establishment of stable governments based on the concept of two party system or
dual party alliance system - Do we need to change the system of single member
constituencies to a mixed system or a proportional method of representation
along with the simple majority system ?
6.
Steps to check
criminalisation of political parties .
7. Steps to curb the role of casteism and
communalism.
8. Problem of proliferation of independent
candidates.
9. Strengthening of Anti-Defection Measures.-
Amendments in Anti- defection Law
10.
Party system and
governance - How to make parties as
viable instruments for good governance?
11.
Restoration of values and morality in public life.
7.3 Suggestions for Reform: A number
of academic and research Institutions, political observers and analysts,
Committees and Commissions appointed by the Government of India from time to
time and concerned scholars,
journalists and academicians in their
individual capacities have made a
number of proposals for reforms in the party system in India. Some of the most significant of these are
culled here in order to provide a perspective for framing recommendations for
party reforms.
7.3.1 President K R Narayanan
Political
parties should ensure that criminals
are denied tickets for elections. Entry
of criminals can be prevented without passing any law. It is within the powers of the political
parties to see that no criminal or people with the reputation of being in
criminal activities are selected as candidates. There is no need for any
amendment in People's Representation Act or in the Constitution for that.
Anti-Defection
Law, under which one-third members of the total strength of a party are allowed
to split it, is not working well. If
anybody wants to change his party after being elected on that party's ticket,
he should resign from Parliament or the Legislature and face electorate.. If
there is a rule like that, may
be very few defections will take place.
7.3.2 Center for Policy
Research Study (Lok Raj Baral) on Party Reforms (2000):
1.
Reforming the
first-past-the-post system of election.
The German model that accepts a preferential voting system can be
examined for insuring proportionate representation of parties in parliament.
2.
Since all parties work
in tandem with unscrupulous business lobbies and gangsters or use state power
for determining the outcome of elections, these cancerous trends need to be
checked for good governance.
3.
Political parties
should have minimum principles for forming a coalition government rather than
forge alliances only to be in government.
Unprincipled political alignment should be discouraged by law urging
political parties to be more homogenous in their joint endeavours of running
the coalition government.
4.
Support to be rendered
to any government from "outside", i.e. without joining the coalition
government,, should be legally barred.
Only a party having at least 25 per cent seats in the Lower House of
parliament or Assembly should have a chance to form the government.
5.
No government should be
removed from office if the opposition parties or others involved in the
toppling game fail to come out with a clear alternative arrangement and programme.
6.
The kind of coalitional
arrangements that the parties make should be clear before forming the
government. Developments so far show
that the big parties themselves prefer to play second fiddle to the regional
and smaller parties whose immediate interests are determined by 'regional and
parochial' issues rather than long term national programmes.
7.
Parties need to
strengthen their managerial and crisis management capacity. If the party organizations are better
managed and democratized, their efficiency would increase. More autonomy to all layers and more
inner-party democracy would help circulate leaders on the basis of their
qualities. The criterion of achievement rather than ascription should be accepted by all
parties. Unless parties are broad based
in accommodating all segments of society, they continue to become status
quoist, exclusivist, regional and
sectarian.
8.
Parties' own code of
conduct and self-initiated reforms, rather than state-imposed reforms are
likely to improve the working of parties. [Lok Raj Baral, "Political
Parties and Governance in South Asia" in V. A. Pai Panandikar, Problems of Governance in South Asia (
Delhi, Konark Publishers Pvt. Ltd.,2000), pp. 155-199.]
7.3.3 V. M. Tarakunde
Committee (1974-75)
The
Tarakunde Committee on Electoral Reforms was appointed by Jayaprakash Narayan
on behalf of the Citizens of Democracy, an independent organization. An important recommendation of this
committee was that there should be a law requiring all recognized political
parties to keep audited accounts and sources of all income and details of
expenditure, with false accounts being a punishable offence.
7.3.4 Dinesh Goswami
Committee Report (1990)
The main recommendations
of the Committee were as follows:
–
a three-member election
commission and appointment of the Chief Election commissioner in consultation
with the Chief Justice of India and the leader of the opposition and the
appointment of other Election commissioners in consultation with CEC;
–
a fresh de-limitation
of the constituencies on the basis of 1981 census and rotation of seats
reserved for SCs and STs;
–
issuing of
multi-purpose photo identity cards to voters;
–
disallowance of
contesting by candidates from more than two constituencies;
–
the raising of security
deposits of independent candidates and forfeiture of security deposits of all
candidates failing to secure at least ¼th of the votes polled;
–
a statutory status to
the model code of conduct formulated by the Election Commission;
–
introduction of
electronic voting machine;
–
legislative measures
against booth-capturing, rigging and intimidation of voters;
–
limited state-funding
in kind to recognized political parties, to begin with;
–
transportation of
voters, carrying of fire arms, sale and distribution of liquor on poll day to
be cognizable electoral offence in law;
–
restriction of
disqualification under the anti-defection law to voluntary resignation and
violation of party whips only in cases of vote of confidence, money bills and
vote of thanks to the President;
–
a review of the
electoral system by a standing Committee of the Parliament and by an expert
Committee.
Chapter
5 of the Goswami Committee Report also made some recommendations relating to
political parties and candidates. The
main reform proposed was the deletion of Section 29(A) of the RP Act concerning
registration of parties. The matter,
instead should be delegated to be solely decided by the Election Commission
under the Election Symbols (Reservation
and Allotment, 1968). The Committee did
not feel the necessity for recognizing electoral alliances of political parties
or changing present procedure of allotment of symbols.
7.3.5 Justice V. R. Krishna
Iyer Committee (1994)
The
Iyer Committee recommended that a law should ensure inner-party democracy in
all political parties. It also
reiterated a legal sanction for proper audit and accounts. Besides it proposed the institution of a
Commissioner to examine and decide whether a political party was promoting
communalism or in any way acting against the Constitution.
Law Commission's Report (1998)
The recommendations of the Law
Commission could be summed up as follows:
–
Independent candidates
be barred from contesting elections to the Lok Sabha and legislative
assemblies.
–
Full five year term for
the legislatures.
–
In order to contain
defections, a “pre-poll coalition” or front of political parties should be
treated as a “political party”.
–
Inclusion in the RPA to
regulate the formation, functioning and income-expenditure accounts of
political parties and to avoid their splintering and ensure internal democracy.
–
Scrapping of
explanation I to section 77(1) of the RPA to make the electoral system more
representative, fair and transparent - making it obligatory for every candidate
to declare his/her assets and of his/ her spouse and dependent relations as
well as provide particulars regarding criminal cases pending against them.
–
On state of funding of
political parties, recommendations of the Indrajit Gupta Committee subject to
certain changes, be adopted.
–
In case of electoral
offences and certain other serious offences, framing of a charge by the court
should itself be a ground for disqualification in addition to conviction.
Relevant provisions of the Criminal Procedure be amended to check false
complaints.
–
Only a candidate
obtaining 50 percent or more votes be declared elected, holding of “run off”
elections wherever necessary.
–
Any party, which
receives less than five percent of the total vote in elections to the Lok Sabha
and Assemblies “shall not be entitled to any seat”.
–
Use of electronic
voting machine.
–
Restriction on
frequency of “no-confidence motions”
–
List system on the
German model for 25% or 50% additional seats and concept of negative vote.
7.3.7 Justice Kuleep Singh
Panel:
1. To prevent criminalisation of politics,
the candidates with a criminal
background or those facing substantial criminal charges framed by
a court be debarred from contesting elections.
2. Just as government servants facing
criminal proceedings are placed under suspension until cleared by the courts,
the same yardstick should be applied to politicians as well.
3. Election Commission should bring
effective changes in the model code of conduct to exclude candidates from
contesting elections who have criminal proceedings pending against them. And, if the Election Commission cannot do this, Parliament must do it.
4. More effective laws be created that
will prevent criminals from entering the political process. The legal reforms can push criminals out of
the system. New legal initiatives such
as amendments in Section 8 of the Representation of the People Act 1951 could
empower the Election Commission to deal with crime-tainted politicians.
5. If we cannot bar criminals from
contesting elections until they are convicted by the courts, then the next best
course would be to get speedy verdicts in their cases. Special courts and
benches to try cases against legislators and other high profile people should
be set up for speedy trials.
7.3.8 Suggestions by
Academics/ Scholars/ Journalists etc.:
In
Canada, a Royal Commission on electoral Reform and Party Financing appointed by
the Government of Canada in November 1989 which sponsored a score of academic
studies on the problem and held hearings, submitted its recommendations in four
volumes in 1993. Some of the
recommendations of this Commission as well as some Canadian practice in this
regard in vogue since the early years of this century may be considered for
adoption in India. Volume 3 of the
Report which is presented in the form of a model legislation has some
interesting ideas about political parties, constituency associations and party
foundations. The proposed legislation
lays downs detailed legal requirements for registration of parties, their
constituency association, and party foundations under this parliamentary
law. Each of these organizations is
registered under Section 24 of the model Act on the condition that they must
have a constitution that shall:
(a)
promote democratic
values and practices in a manner consistent with the spirit and intent of the
Canadian Charter of rights and freedoms;
(b)
provide clear and
consistent rules on the selection of candidates, leaders, delegates if any, and
officers;
(c)
provide that members of
the party who select the party’s candidates, delegates to a leadership
convention or a party leader must be voters.
The
proposed legislation also provides other legal requirements to facilitate
smooth functioning of these organizations and procedure for settlement of
disputes. A party foundation may be
registered under this Act by a recognized party as “a distinct and permanent
institution”:
(a)
to develop and promote
public policy options,
(b)
educate party members
on matters of public policy, and
(c)
provide the party with
research and advise on policy.
These
party foundations are to be incorporated under the Canada Corporation’s
Act. The Canadian Royal Commission
believed in full disclosure of the size and source of contributions to parties
and candidates to forestall any undue influence on elected officials by
contributors of large amounts. It
recommended submission of interim unaudited report of all contributions by
registered parties and their ancillary organizations for the first six months
of the year and a “full audited return on their financial activities for the
entire year”.
Indian
parties should seriously consider adopting the leadership convention
system. This will have the following
positive results. First, it would make
the leadership selection process more democratic and federal. Second, the nation would introduce a
nationally aggregative mechanism in major parties and curb the tendency of
regionalisation and fragmentation. If
the national is found too expensive, a series of state conventions may be held
by major parties with their respective slates of candidates (common for all the
states in one party). This will go a
long way in making parties aggregative and thus more functional in a parliamentary federal system of
governance. The continued fragmentation
of the party system, confederalization of all-India parties and, mushrooming of
regional parties, besides causing Governmental instability, also presage the
sinister prospect of making any parliamentary government well nigh
impossible.[ M. P. Singh, Towards
Greater Federalism, The Pioneer, 16
December 1997.]
The
Joint Committee of Parliament on Amendments to Electoral Laws (1971-72)
considered and rejected the proposal for changing the First –past- the- post
(FPTP) system, but recommended the formation of an expert committee to review
it. V. M. Tarakunde Committee argued for adopting a variant of the German
system. S. L. Shakdher, the then
Election Commissioner and L. P. Singh supported the view. Goswami Committee failed to reach any
conclusion. No body has argued for a pure
PR system but a mix of PR and plurality system. The precise composition of the mixture varies. The Tarakunde Committee recommended two
alternative formulae for consideration.
The first was the German formula (double vote, half of the seats by
direct plurality system, ‘top-up’ on the basis of the second vote, provision
for additional members) modified, if necessary, to change the mix of direct and
list seats from ½ : ½ to 2/3 : 1/3.
The
second involved an innovative suggestion: single vote polling as in the present
system, all candidates who secure a majority of votes to be declared elected
directly, the rest of the seats to be filled from party lists according to the
proportion of votes for each party (top-up procedure) with some relaxation for independents.
The
measures suggested by various committees and ECs only reflect a mechanist
approach. The idea that candidates who
stand no chance of winning election through the electoral process and are thus
a nuisance is to take a narrow view of the political process. The electoral arena is a training ground for
political participation. Even if the
independent candidates file the nomination and then withdraw it, or contest and
then retire midway through the campaign, they have done their job. Moreover, unrestricted opportunity to
contest is a virtue in itself even if it serves no purpose. As for the multiplicity of candidates, the
answer would lie in strengthening the contingent arrangements of the election
machinery. Steps to discourage ‘dummy’
candidates are surely in order. The
recent experiment of denying facilities to those candidates who have made
public declarations to support another is a useful step in that direction. It would be justified, perhaps necessary, to
ban the practice of a candidate contesting simultaneously from more than one
constituency of the same category.
There
should be some minimal external regulation to ensure that there is a minimal
level of democracy in the party. But
this should not be linked to registration or eligibility to contest
elections.
On
the role of money in elections, the concern cannot be confined within the
agenda of electoral reform, it must relate to larger questions of transforming
the structure of economy, the model of development and the institutional design
of democracy. At a more concrete plane,
the question refers to the direct relationship between the monetary resources
of a candidate/ party and capacity to win an election. Although this direct relationship exists in
today’s India, it is not yet a decisive factor in the electoral outcome. Those with greater monetary resources do
enjoy an edge in registering their presence in the electoral campaign. More importantly, those without resources
often fail to cross the minimal threshold of publicity for this reason. But we must refrain from drawing an extreme
picture of a direct causal relationship, for candidates and parties with
virtually unlimited resources routinely lose the elections to those who cannot
match them in these terms.
The
law on ceiling should be changed in one of the following ways: (a) either the
statutory limit should be scrapped altogether and replaced by a selective ban
on certain kinds of expenditure. Or the
existing provisions should be amended to provide for: (i) much higher ceiling
than what currently exists; (ii) regular revision of the ceiling before every
general election; (iii) all the expenditure, irrespective of who paid for it,
to be brought within the purview of
this provision; (iv) mechanism for routine verification /auditing of the return
of the expenditure; and (v) publicity of the returns filed by the candidate in
the local press. The most effective
measure and the only guarantee lies in a political culture of simplicity, so
that any ostentatious expenditure can be expected to work against the
candidate’s electoral prospects.
On
political funding, Pai Panandikar and Ramashray Roy proposals that the basic framework of state-sponsored
election Fund is to be apportioned according to vote share of different
parties/ candidates is sound and needs to be accepted immediately with the
proviso that all state funding should be only in kind. However a principal objective is to
discourage ‘non-serious’ parties and candidates. The suggestions made by the two scholars are:
–
state funding should
not be exclusive; parties and candidates should be free to raise funds from
other sources subject to an overall ceiling of expenditure.
–
The amount should be
given to parties, which should be left free to disburse it to the candidates/party
offices.
–
The party must spend at
least 50% of the funds during the election campaign and it should be allowed to
spend the remaining amount (upto 50%) during the next five years before the
subsequent general election.
–
The entire amount should
be accounted for and audited without any restriction on internal budgeting.
–
The eligibility
threshold should operate at the state level and be reduced to bare minimum
(say2% of the vote share in a state or 5% in a constituency, in the case of an
independent) so as to exclude only the dummy candidates or paper organizations.
–
The payment should be
made conditional upon regular democratic election of the highest decision
making body and office bearers of the party (the EC and the Supreme Court
should have the power to adjudicate any dispute in this regard).
The
basic idea is to bring nearly every
serious party within the ambit of state funding, provide them with some minimum
financial resources to contest election and carry out regular political work in
between elections, and to link this assistance to internal democratic
functioning.
Panandikar-Roy
proposals on State Funding recommend (i) state funding of elections on an
exclusive basis ; (ii) the creation of
an election fund at Rs. 10 per vote polled throughout the country; (iii) a special funding agency or the EC to
administer the fund; (iv) the fund to be apportioned on the basis of votes
secured by candidates in the election, subject to a ceiling of Rs. 1 million
per seat contested; (v) the amount to be released to individual candidates (and
not political parties) on the basis of nominations made; (vi) 50 percent to be
released as an advance, before elections, on the basis of previous performance;
(vii) the minimum threshold for eligibility for state subvention to be 20
percent of national votes for national or major parties (10% for minor or new
parties) and (viii) detailed account of the candidate to be audited by the EC.
[Yogendra Yadav, CSDS, in M. P. Singh and Rekha Saxena, Ideologies and Institutions
in Indian Politics pp. 416-444]
The
Government of India should identify some of the major contours of policy for
curbing the incidence of political violence and terrorism:
a.
There should be a
clearly enunciated set of policies on these issues--indicating 'thus far and no
further’, for the understanding of the militants and Naxalites as also for the
democratic regimes within the States.
b.
It would be desirable to have a loose
federation instead of a centralized federation of the earlier days. This would make autonomy worthwhile for the groups concerned.
c.
It would also be
worthwhile to adopt a loose federal union with a decentralized political order
which would mean more autonomy to the States from the Union and from the States
to the local bodies within a
State. This has not happened so
far as the Central Government is concerned.
d.
Alternative forms of
autonomous units within India, like Gorkhaland in Darjeeling district in West
Bengal, should be experimented with all earnestness.
e.
It should be made clear
to all and sundry that violence would not be tolerated or accepted as a basis
of settlement of problems. At the same
time it would be worthwhile to admit mistakes of the past, and to provide a
constructive basis for lasting solution of outstanding problems. This would provide some solace to those
persons who have suffered unnecessarily in the violence and a hope for the
future.
f.
Military and police may
be used to the least possible extent against the Naxalites or militants,
thereby avoiding confrontation as also encouraging them to come to the
discussion table.
g.
While taking the
measures needed, the issues at stake must be currently understood and solutions
sought so that eventually, they can become part and parcel of the national
mainstream.
[Iqbal Narain, "The Party system", in
Upendra Baxi, Alice Jacob, and Tarlok Singh, Reconstructing the Republic (New Delhi, Har-Anand Publications,
1999), pp. 311-318.]
The
existing requirement of the four percent of the total number of valid votes
polled or the recognition of political parties as contained in Clause (B) of
Sub-Paragraph (2) of Paragraph 6 of the Election Symbols (Reservation and
Allotment ) Order, 1968 is certainly low.
It should be increased to ten per cent.
However, the best way to reduce the number of parties, would be to
encourage and regulate through law mergers of groups in larger parties or
alliances having the same or similar ideologies and/or programmes. This would eliminate duplication of effort
and promote the chances of a clearer electoral verdict.
It
is very necessary that political parties, especially the well organized and
well established parties, such as the National Parties and the State Parties
should take special care in selecting and setting up as candidates only those persons
who, if elected, could be able to discharge their most responsible and onerous
jobs as members of such representative institutions. They should be persons of high qualities of mind, heart, and
character. They should be persons
possessing intelligence, breadth of vision, warm human sympathies,
receptiveness to new ideas without any inhibition, balanced judgement, capacity
for hard work, mastery of detail and above all sterling character.
In
order to ensure a free and fair poll it is necessary that the electoral code of
conduct should be observed by all the political parties. As it is found that the code of conduct is
of little practical value since no party or candidate observes the various
rules and instructions laid down in such Code of Conduct, the model Code of
Conduct should be given legal teeth.
And in addition to legal teeth behind the code, it is education of the
electorate and discouragement of selfish leaders that would help more to remove
the problem.
There
should be express provision for de-recognition of political parties, if there
is violation of Sub-Section (5) of Section 29 A of R. P. Act 1951.9 relating to
upholding of the allegiance to the Constitution of India and to the principles
of socialism, secularism and democracy and the sovereignty, unity and integrity
of India. It is to be noted that a recent draft Bill on electoral reform
provides for de-registration of political parties. However, there is a provision for appeal in Courts. [Raisa Ali, Representative Democracy and Concept of Free
and Fair Elections (New Delhi, Deep & Deep, 1996)]
Under
the Indian system, where everyone from a poor peon to the secretary in the
ministry, has to possess some minimum
qualification, from a mere matriculation to a degree, the honourable members
of Parliament are an exception. So are the ministers. And despite this, they are acceptable. Today, a person can be a Law Minister
without even a nodding familiarity with law and an Education Minister without any formal education. During the last 50 years, there have been
several such instances all over the country. Should we not lay down some qualifications: Impeccable integrity,
Proven ability, Academic standards in consonance with the requirements of the
job, otherwise leaders can be a liability.
And surely,, rule of the majority does not mean rule by the illiterate. [ Jawaharlal Gupta, While the
worst are full of passion, in the Hindustan
Times, 28 June 2000.]
Chief
Election Commissioner M S Gill's proposal to make it mandatory for all
political parties to nominate at least a third of women candidates for the
seats contested by them deserves to be commended. If they are not prepared to
accept the principle of representation within their own parties, what moral
right do they have to advocate reserving parliamentary constituencies for
women?
Reservations
have not always benefited the disadvantaged for whom they were intended
--usually, the more powerful in a particular section which has got reservation
benefits from it [ Times of India, 14 June 2000, p. 14]
There
is need for a law to make it compulsory for every recognized political party to
annually declare and publish, along with its constitution and list of duly
elected office bearers, the list of its
primary members and the subscriptions collected from them, among all other
sources. Registration and renewal of
such registration should be subject to
a reasonable verification of the facts stated.
The party constitution itself must be totally democratic in content and
spirit, quite transparent and must provide for periodic elections by the
primary members. Non-compliance of
provisions in this behalf should render the party disqualified from contesting
elections.
As
Jha (op.cit.) puts it:
Today
no political party, within its own ranks and cadres, is uniformly
representative of the society. Yet,
each party, for its own political compulsions, has its own readymade stand on
all contentious issues concerning representations for this, that or the other
section of the society.
If
people want their representatives to be worthy of their trust they must choose
them on their individual merit. There is an acute dearth of genuinely, public-spirited performers among the
country's new rulers.
The
form of nomination paper to be filed by the candidates in an election should
have adequate space for mandatory
enumeration of the record of voluntary and selfless public service
rendered so far by the candidate, and it should be properly authenticated,
documented and publicized for the benefit of the electors.
Criminals
can be effectively kept out by having the polls in two rounds. The final round should take place after a
gap of two weeks in which only the two best achievers of the first round should
be permitted to contest. There should
be no countermanding of polls in the event of the death of a candidate unless
he happens to be one of the two finalists.
That will be the end of bogus, dummy, transparently fraudulent so called
"non-serious" candidates and the size of the ballot paper would be
never more than a small slip of paper, thus resulting in considerable economy
in cost of paper and printing as well as its handling and transport throughout
the election process. People know who's
who in the constituency best, and no criminal can hope to get more than 50% of
votes in a virtual 100% poll, nor hope to win solely on the basis of appeals in
the name of caste, religion, etc.
While
there is every reason to revise the ceiling on poll expenditure by candidates
and their parties, the right people to finance an election are obviously those
who support the candidate or his party.
There can be designated accounts in specified banks in all parts of the
constituency where the supporters can deposit their contributions, subject to
disclosing their full identity, proof of their status as an elector of the
constituency and the last income tax return filed by them. Political parties can have the arrangements
over an extended area subject to reasonable conditions and could operate such
accounts throughout the year whereas the individual candidate's accounts ought
to be opened on filing nominations and closed on declaration of results. [ Shivendra
K. Sinha, "Toward a People Centered Polity: Political Parties, Legislators
and Electoral Reforms" in Politics
India, October 1998, pp. 24-28.]
8. Conclusion:
8.1 Need for a Legislation governing political parties
There
is a need for a comprehensive legislation (may be named Political Parties
(Regulation) Act) regulating the functioning of political parties in
India. The legislation should provide
conditions for the constitution of a political party and for recognition,
registration and de-registration. Until
now the recognition and registration of political parties is done only for the
limited purpose of allocating symbols.
The new law, however, should prescribe not only the conditions for the
establishment of the political party, but
also provisions for regulating the functioning of political parties
after establishment. It should be made
compulsory for every political party to get registered under the proposed Act.
Any party so constituted under the proposed Act should declare its allegiance
to the provisions to the Constitution and the sovereignty and integrity of the
nation. The legislation should also
prescribe that every political party should abide by the spirit of democracy in
its internal management and operation and should observe inner party democracy
in its decision making process. It should provide that elections to the various
levels of party organs should be held at least once in three years. It should also make it mandatory for
political parties to provide for a representation of at least 30 percent of its
organizational positions at every level for women. The leaders of political parties should also make sure that at
least 30 percent of their party tickets are distributed amongst the women at
the time of elections. The legislation
should make it compulsory for the parties to maintain accounts about the
receipts of funds and expenditures in a systematic and regular way. The form of
accounts of receipt and expenditure and declaration about the sources of
funds may be prescribed by an
independent body of Accounts & Audit
experts, created under this proposed Act . The accounts should also be audited by the same independent body, created under the
legislation who should also prepare a
report on the financial status of the political party which should be open and
available to public for study and inspection. The proposed law should make it
compulsory for the political parties to make their candidates declare their
assets and liabilities at the time of their nomination being filed before the
returning officers for elections to any office at any level of government. It should provide for limiting the
expenditures of the political parties in relation to holding public rallies and
large scale demonstrations and protests
which hardly serve any effective purpose in these days of high tech electronic
media, which is far more effective and economical and causes least
inconvenience to public than the very
frequent huge public rallies and large protests in capital cities. In this way the political parties would also
be spared the burden of huge expenditure on all sorts of illegitimate or
dubious means adopted to raise that amount of money for that kind of
expenditure. [Malaysia has imposed a
total ban on large scale rallies for political demonstration and/or for election
purposes.] The money saved could be
more fruitfully employed in other more important activities of political
parties, such as educating the voters through door to door contacts and /or
sensitizing their own party-men in respect of various controversial issues
facing the nation.
Only those parties, which are registered under the
proposed Act be allowed to contest elections.
8.2 Criteria for Registration
(a)
The law should define
the criteria of registration of political parties. Every political party or a
pre-poll alliance of political parties should be compulsorily registered under
the proposed Act. The Registration
authority can be the Election Commission of India.
(b)
The criteria for
registration as a national party be revised
to at least securing of 10% of the valid votes polled by all the
candidates in at least one half of the states.
(c)
The
parties be designated as State parties if they secure the required
percentage of at least 10% of total votes cast
in any of the states.
(d)
Only parties or a pre-poll alliance of
political parties registered as National parties with the Election Commission be allowed to contest for the Lok
Sabha. State parties may contest for
State Legislatures and the Council of States (Rajya Sabha).
8.3 Criteria for
De-Registration
The law should define the
criteria and conditions for de-registration of political parties, and the decision of the Election
Commission in this respect should be final,, subject to the judicial appeal to
High Court/Supreme Court on points of
law. For example, one of the criteria for de-registration could be the
non-adherence to the conditions prescribed for registration or obtaining
of registration in the first instance by fraudulent means or wrong
declarations.
8.4 Structural
requirements
The
constitution of the parties submitted for
Registration under the law
should provide for:
(a)
a declaration to the
adherence to the democratic values and norms of Constitution in their inner
party organizations
(b)
a declaration to shun
violence for political gains
(c)
a declaration not to resort
to casteism and communalism for political mobilisation, but to adhere to the
principles of secularism in the achievement of their objectives
(d)
provision for party
conventions to nominate and select candidates for political offices at the
grass root and state level
(e)
representation to the
women and weaker sections of the society in party offices and candidates for
contesting of polls.
8.5 Educational Training and
Developmental Activities
Political
parties should in their constitution provide
for establishing some institutional
mechanism for planning, thinking and research on crucial socio-economic
issues facing the nation and educational cells for socializing their party
cadres and preparing them for
responsibilities of governance.
8.6 Leadership conventions
Indian
parties should seriously consider adopting the leadership convention system, as
is practiced in countries like Canada, and the USA. This would have the advantage first, of making the leadership
election process more open, democratic, and federal. Second, the people will
know in advance of the prospective Prime Ministerial candidates. Third, it would introduce a nationally
aggregative mechanism in major parties and curb the tendency of regionalisation
and fragmentation. If the national
convention is found too expensive, a series of staggered state conventions may
be held by major parties with their respective slates of candidates (common for
all the states in one party). This will go a long way in making parties
aggregative and thus more functional in a parliamentary federal system of
governance.
8.7 Stabilising the Parliamentary System
Following suggestions may
be considered
(a.)
Rules of procedure may
provide for the election of the Leader of the House by the Lok Sabha along with
the election of the Speaker and in the like manner. The Second Ballot system be
adopted, in case no candidate secures a majority in the first round. The Leader may then be appointed as the
Prime Minister. The same procedure may
be followed for the Chief Minister.
(b.)
Adoption of a system
of constructive vote of no
confidence. For a motion of no-confidence to be brought out
against a government at least 20% of the total number of members of the House
should give notice. Also, the motion
should be accompanied by a proposal of alternative Leader to be voted
simultaneously.
(c.)
Under the present
system of "first -past -the
-post", candidates can get elected
on a minority of votes. No
candidate should be declared elected unless he or she secures more than 50% of the votes cast. If no candidate gets
50% of votes in the first run, a second
run off election be held
immediately the next day of the first
ballot. These days of electronic
voting and counting make it possible to adopt such a system without incurring
heavy expenditure or need for fresh security and administrative arrangements.
(d.)
Candidates should not
be allowed to contest election simultaneously for the same office from more
than one constituency.
(e.)
Candidates contesting
elections should be familiar with the Constitution and should be able to read,
write and understand its provisions.
(f.)
The election code
of conduct which should come into operation as soon as the elections are
announced, is only a guideline. It
should be given the sanctity of law and its violation should attract penal
action. Political parties should also
evolve their own codes for fair and violence free polls.
8.8 Curbing Criminalisation of Politics
The
entry of criminals in politics is a matter of great concern. Although it can be prevented by laws, but
more than that it is within the powers of political parties to see that no
criminals or persons with the reputation of being in criminal activities are
selected as candidates. The proposed law on political parties should provide
that no political party would be able to sponsor and provide ticket to a
candidate who has been convicted by any court for any criminal offences or if
the courts have framed criminal charges.
In case of conviction, the bar should apply for six years after the completion
of the period of the sentence. If any
party violates this provision, the candidate involved should be disqualified
and the party deregistered forthwith.
Any
person convicted for any heinous crime like rape, murder, etc. should be
permanently debarred from contesting for any political office.
Criminal cases against politicians pending before Courts either for trial or in appeal
must be disposed off speedily by appointing Special Courts.
8.9 Checking Proliferation
of Independent candidates
Vide the Representation of People (Amendment) Act,
1996, security deposit for independent candidates was enhanced to twenty times
of the earlier limit, number of proposers for independent candidates increased
and it had been provided that the names of the independent candidates would be
listed in the ballot paper below the names of the candidates set up by the
political parties. These measures to
some extent succeeded in reducing the number of non-serious independent
candidates. But, more needs to be done.
In
order to check the proliferation of the number of the independent candidates
and the malpractices that enter into the election process because of the influx
of the independent candidates, the security deposits in respect of independent
candidates may be raised further.
The
security deposits should be doubled progressively every year for those
independent candidates who fail to win and still keep contesting every
election.
If
any independent candidate has failed to get at least five percent of the total
number of votes cast in his constituency, he/she should not be allowed to
contest as independent candidate for the same office again at least for 6 years.
Any
independent candidate who looses election three times consecutively for the
same office as an independent candidate should be permanently debarred to
contest election to that office.
An
independent candidate should be nominated at least by twenty elected members of
Panchayats, Minicipalities or other local bodies spread out in majority of
electoral districts in his constituency.
8.10 Problem of Party
Funding
The problem of political
funding is a complex and undeniable reality, and that there are no panaceas to
remedy it. In effect, the premise that there are no absolute truths or ideal
solutions in electoral matters has gained even more strength with regard to
funding for two main reasons. One because of the close link that exists between
this issue and the specific characteristics of the political system as a whole,
as well as with the characteristics of the political party system in
particular. Another reason is the permanent relationship posed by this subject
with the values of political culture, which may mean that any solution can be
evaluated in completely different ways in different contexts. For instance,
whereas in Scandinavian countries the disclosure of electoral expenses and
sources of funding is perceived as a violation of the fundamental principle of
the right to voter secrecy, in other countries, such as Germany and Canada,
these practises are viewed as exactly the opposite, as a guarantee of
transparency in political activity and of the citizens’ right to be duly
informed.
Two other
considerations deserve attention. The first one has to do with emphasising the
importance of reviewing the funding system, not only in terms of the aims of
the reform effort and its desired effects on the political system and system of
political parties, but also with respect to the degree of effectiveness of
regulations as well as their undesirable or immoral effects. The second
expresses the need to insist that not every reform to the funding system
must be analysed separately, but rather as an integral part of
political/electoral reforms as a whole. This is so because the consequences of such
an analysis affect very important aspects, such as competition among parties,
conditions for competition, the system of political parties and, consequently,
the very credibility and legitimacy of democracy itself.
Moreover, every reform on
this issue must be aimed at achieving greater and improved levels of
transparency with respect to party revenues and expenditures. In fact, the
issue of transparency and public disclosure is crucial to the fight against
political corruption. In principle, this need would seem more fitting with
regard to hefty contributions than for small ones, since greater the
contribution, the greater the risk of dependence and the greater the danger of
corruption. Thus, there is a need for greater transparency and public disclosure
in respect of party funding. This demand for transparency must be conceived,
rather, as a democratic value in itself, a tool designed to avoid any wrongful
influences of money in politics that might lead to corruption.
If laws are intended to be
effective with regard to transparency, they should be very general in nature
and be enforced with respect to everyone, and not just political parties or
candidates, but also to the donors as well.
Otherwise, alternate or indirect
ways to evade control will be devised. In fact, while it is essential to
strengthen regulation, the mechanisms and capabilities of supervision and
controlling entities, this only addresses part of the problem. Quite often,
funding and commitments do not reach the parties, but rather go directly to the
candidate and his/her inner circle of supporters. This is truer today in the
context of the image and credibility crisis that partisan organisations have
been undergoing, and the emergence of regional leaders due to the
decentralisation process. This usually tends to make transactions between
donors and beneficiaries become even more secretive. Hence, the main leaders or
party members are often not aware of private contributions (many of them
dubious in origin and in quite large sums), but only the candidate and his/her
inner circle, which frequently consists of private contributors and/or
individuals not involved in the party.
Consequently, any proposals
for reforms concerning political funding should revolve, among other things,
around the following five main objectives: (i) reducing the influence of money
by diminishing its impact (by shortening campaigns, establishing ceilings on
expenditure and limiting individual contributions); (ii) improving the use of
money by investing it on more productive activities for the sake of democracy,
and not just squandering it on propaganda and negative campaigns; (iii)
stopping, or at least curtailing, as much as possible, current levels of
influence peddling and political corruption; (iv) strengthening public
disclosure and transparency mechanisms with respect to both the origin and the
use of funds; and (v) promoting fairer requirements for elections, particularly
concerning access to the media.
8.11 Regulating political contributions
There is
a need for one comprehensive legislation regarding the regulation of political
contributions to political parties and towards election expenses. The various existing provisions in different
Acts need to be consolidated into a single law
regulating the flow of funds to political parties both from the internal as well as external
sources.
Legislation
should provide for compulsory auditing of the accounts of all political parties registered with the
Election Commission by an independent authority specified under the new law
regulating the functioning of political parties, publishing of audited party account, and immediate de-recognition
and enforcement of penalties for filing false or incorrect election returns.
Accounts should be made available for public inspection.
Legislation
should also contain provisions for making both donors and receivers of
political funds accountable.
Individuals
and corporate agency be permitted to make contributions to the political
parties upto a certain ceiling higher than the present 5% of profits and an
incentive be provided in terms of tax
concessions.
The
Government. should encourage the corporate bodies and agencies to establish an
electoral trust which should be able to finance political parties on an
equitable basis at the time of elections.
8.12 Controlling
Electoral Expenditure
In view
of the increasing cost of the election campaigns, it is desirable that the
existing ceiling on election expenses for the various legislative bodies be
suitably raised to a reasonable level reflecting the increasing costs. However, this ceiling should include all the
expenses by the candidate as well as by his political party or his friends and
his well-wishers or any other expenses incurred in any political activity
sponsored on behalf of the candidate by an individual or a corporate entity.
Such a provision should be the part of a legislation regulating political
funding in India.
8.13 Monitoring
Election Expenditure
The
Election Commission should devise specific format(s) for filing of election
returns by the candidates as well as political parties in such a manner that the fudging of accounts
be made difficult. These accounts
should be monitored through a system of checking and cross-checking through the
income-tax returns filed by the
candidates, parties and their
well-wishers.
The
Election Commission should organize training-cum-orientation workshops for the
candidates and party agents to enable them to manage party accounts and
election expenses in the format prescribed by the Election Commission,
especially on the eve of elections.
A
suitable law should be enacted providing penalties against damaging or
desecrating public or private property by
candidates, political parties or the agents, through painting of slogans
or erecting cutouts and hoarding or putting banners and buntings. The law
should also provide for special courts to ensure strict compliance of these
regulations, should any dispute arise in respect of the alleged violations of
such regulations by any candidate, political party or his agents and
well-wishers.
8.14 Patrimony of candidates and politicians
A useful tool in the fight against corruption
would be legislation to make it possible to ascertain details about the
patrimony of candidates by means of public affidavits reporting on it. Such
affidavits should be audited by the Special Authority created by the
proposed law on Political Parties.
During their term of office, elected officials should also submit audited reports
on a yearly basis, as well as a final audited statement at the end of their
term of office. This type of measures would serve to keep the public fully
informed about the patrimony and lifestyle of politicians before they assume
power, during their term of office and at its conclusion, thereby avoiding any
unlawful acquisition of wealth.
8.15 Strengthening of Anti-Defection Measures
In
order to curb the insidious practice of defection, the law should be amended to
specifically provide that all persons defecting from the party or the alliance
of party, on whose tickets they had been elected must resign from their
parliamentary or assembly seats and
must contest fresh elections. In other
words, they should lose their membership and the protection under the provision
of split etc. should be scrapped. The
defectors should also be debarred to hold any public office of a minister or
any other remunerative political post for at least the duration of the
remaining term of the existing legislature or until, the next fresh elections
whichever is shorter.
8.16 Party System and
Governance
1.
As the parties provide
the necessary political leadership for governance, it is necessary that the incumbent to public offices must be
chosen on the basis of their integrity and capacity to administer. If the political parties have a continuous program of grooming the potential
members of their parties for different types of assignments corresponding to
the ministries and departments of the government, things would become easier
and a smooth transition of the government could take place. At the same time, the parties could
contribute effectively to the processes of policy formulation, implementation
and governance even while remaining in opposition.
2.
The practice of
political parties extending support to the government from the parliamentary floor from outside is an
amoral exercise of power without responsibility. This inhibits the
process of governance and has been the immediate cause of premature collapse of
all the governments since 1989. This
must be disallowed, if the coalition
governments have to survive and carry on their task of governance.
3.
The practice of
bloating the Council of Ministers must be stopped. A ceiling on the number of
Ministers in any state or the Union government be fixed at the maximum of 10% of the total strength of the lower house
of the legislature.
4.
The practice of
creating a number of political offices equivalent to the position or privileges
of a minister should also be stopped.
Any new administrative organization should only be created through
regular administrative procedures and only if the provisions have been made in
the regular budget estimates of the government concerned.
5.
The think tanks in
various political parties' organizations should occasionally come out with alternative policy perspectives in the
form of a "Green Paper" for
want of a better term on some of the crucial issues facing the nation at a
given moment and be widely
circulated amongst the public, the
media, intellectuals and others to elicit alternative opinions on the subject.
6.
In times of emergencies, or national
calamities, the parties should not eschew taking specific responsibilities in
assisting governments in their activities to tie over the crisis.
8.17 Restoring
Moral Standards in Public Life
To
the question what can be done for the restoration of moral standards and ethical values in public life, there is no
simple answer. In the context of the current feeling of resignation to
corruption and unethical and criminal practices in public life, and the
disposition to consider them as inevitable and, therefore, acceptable, it may
be well to remember Gandhiji's observation that "Life is an aspiration…the
ideal must not be lowered because of our weakness and imperfections", and
the fact of his life long resistance to evil in many forms - from racialism and imperialism to
untouchablility.
Thus,
in addition to measures like the proposed legislation to effectively curb
defections and operation of black money, break the nexus between electoral politics,
economic resources and criminal
support, and establishing the institution of Lok Pal, it is necessary that a rigorous Code of
Conduct be drawn for both
Ministers/Legislators and important
functionaries of all political parties, which should incorporate what
the Nolan Committee in the U.K. has suggested
as the seven principles of public life-- viz., selflessness,
integrity, objectivity, accountability,
openness,, honesty and leadership.
A
Public Ethics Committee consisting of representatives of all
Political Parties and some eminent public persons of impecable integrity
and acceptability may be constituted to oversee, monitor and enforce the
adherence to this code.
QUESTIONNAIRE
ON
REVIEW OF
THE WORKING OF POLITICAL PARTIES SPECIALLY IN RELATION TO ELECTIONS AND REFORM
OPTIONS
1. Are political parties necessary in a democracy?
Yes No
2. Do you think that political parties in India have
been performing their functions effectively?
Yes No
3. Do you think that political parties should have
ideological stance in their policies and programmes?
Yes No
4. Have the political parties in India stuck to their
ideological perspective?
Yes No
5. Do you think it is good for the political parties not
to be ideologically rigid but should have a pragmatic view about the programmes
and policies of the government?
Yes No
6. Do you approve of political parties following the
following approach?
Pragmatic Programmatic Populist
7.
Do you subscribe to the
view that there is a need for comprehensive legislation for regulating the
functioning and conduct of political parties in India as suggested in para 6.1
of the paper.
Yes No
8. Do you think that state should continually oversee
the performance of the political parties with a view to regulate their
activities?
Yes No
9.
Do you think that
parties should be de-registered or de-recognized if they fail to observe
necessary prescription by the constituent authority as suggested in para 6.3 of
the paper?
Yes
No
10.
Do you think that the
political parties in India are not systematically organized?
Yes No
11.
Do you think that party
leadership should emerge from bottom to the top instead of being imposed from
top to the bottom?
Yes No
12.
Do you think that the
problems of inner democracy and party organization could be solved by
devolution and delegation of powers by the top leadership?
` Yes No
13.
Do you think that party
cadres/members need to be regularly sensitized or given adequate training for their
political education and preparation for undertaking higher responsibility?
Yes No
14.
Do you think that there
should be more planning cum research centers so that the functioning of
political parties may exercise their minds?
Yes No
15.
Do you think that every political party or a
pre-poll alliance of political parties should be compulsorily registered under
the proposed law on political parties?
Yes No
16.
The criteria for registration as a national
party may be securing the following percentage of votes polled by its
candidates at the preceding elections
5%
10% 15%
17.
The
parties to be designated as State parties should secure the following
percentage
5% 10% 15%
18.
Do you agree that only parties or pre-poll
alliance of parties registered as national parties be allowed to contest seats
to Lok Sabha with the State parties contesting for State Legislatures and the
Council of States?
Yes No
19.
Do you approve of the structural requirements
for registration of parties as suggested in para 6.4 of the paper?
Yes No
20.
Are you in favour of
election expenses of political parties being borne by the state either partly or fully?
Yes No
21.
Do you agree that political parties should
maintain their accounts, get them audited and make them open for public
scrutiny?
Yes No
22.
Are you in favour of
strengthening anti-defection measures as suggested in para 6.15 of the paper in
order to make it more stringent in respect of providing stable government as
also ensuring stability in government?
Yes No
23.
Do you agree that particularly in a situation
where no single party or pre-poll alliance commands a clear majority in the
House, the question as to which leader commands the support of the majority of
the members of House should better be decided only on the floor of the House
and, therefore, it would be best to elect the leader of the House along with
the Speaker so that the same leader of the House is appointed as the Prime
Minister/Chief Minister without any need for subsequent vote of confidence or
the like?
Yes No
24.
Do you agree that the Prime Minister/Council
of Ministers should be removable on a vote of no-confidence only if the motion
of no-confidence also includes a proposal of alternative leader to head the new
Government?
Yes No
25.
At present under the first-past-the-post a
large number of the winning candidates are elected by minority of votes. Do you agree that no candidate should be
declared elected unless he or she secures more than 50% of the votes cast and
if necessary, immediately following run off elections be held among the two
candidates securing the largest and the second largest number of votes?
Yes No
26.
Should candidates be allowed to contest elections
simultaneously for the same office from more than one constituency?
Yes No
27.
Should qualification of the candidates
include ability to read, write and understand some basic provisions of the
Constitution?
Yes No
28.
Should the code of conduct be given the
sanctity with its violation attracting penal action?
Yes
No
29.
Should the code of conduct come into
operation on:
Announcement of the Election Notification
of the Election
30.
Do you agree that political parties should be
prevented by law from sponsoring candidates who have been convicted by any
court for some specified criminal offences or against whom court may have
framed such criminal charges as suggested in para 6.8 of the paper?
Yes
No
31.
Do you agree that any person convicted of
heinous crime like rape, murder, etc. should be permanently debarred from
contesting for any political office?
Yes No
32.
Do you favour appointment of Special Courts
for considering the prima facie eligibility of candidates charged with criminal
offences by any court with a view to speedy decision on eligibility without
affecting decision on merits by the trial court in the normal course?
Yes No
33.
In order to check the number of non-serious
independent candidates should the security deposits in case of independent
candidates be raised to three times that required by party candidates as per
details in para 6.9 of the paper?
Yes No
34.
Should it not be necessary for an independent
candidate to have either secured at least 5% of the total votes cast in an
earlier election or to be nominated at least by 20 elected members of
Panchayats, Municipality or other representative bodies of the concerned area?
Yes No
35.
Do you agree that there is a need for greater
transparency, public disclosure in respect of party funds including details of
receipts and expenditure as suggested in para 6.10 of the paper?
Yes No
36.
Do you agree that the first requirement is to
reduce the expenditure on political activity and election campaigns by
political parties and their candidates by shortening campaign periods to the
minimum establishing enforceable ceilings on all expenditure?
Yes No
37.
Should there be a comprehensive legislation
regarding regulation of political contributions to political parties and
towards election expenses?
Yes No
38.
Should the proposed law provide for
compulsory auditing of the accounts of all political parties by an independent
authority, publishing of audited party accounts and immediate de-recognition
and enforcement of penalties for filing
false election returns?
Yes No
39.
Should individual and corporate agency be
permitted to make contributions to the political parties upto a certain ceiling
with an incentive by way of tax concessions?
Yes No
40.
Would you agree that the existing ceiling on
election expenses should be suitably raised periodically to reflect the
increasing costs?
Yes No
41.
Should the ceiling on election expenses cover
all expenses incurred by the candidate as well as political party friends,
well-wishers, etc. as suggested in para 6.12 and 6.13 of the paper?
Yes No
42.
Should it be made binding on all candidates
to submit affidavits in regard to assets and liabilities at the time of filing
their nomination papers?
Yes No
43.
Should it be made necessary for all elected
officials including members of the legislatures, ministers, etc. to submit
audited reports on a yearly basis in regard to their receipt of funds,
expenditure, assets and liabilities?
Yes No
44.
Would you suggest that the practice of
political parties extending support to a Government from outside should not be
allowed as it encourages power without responsibility and causes instability of
coalition Government?
Yes No
45.
Do you agree that the practice of having
jumbo sized Council of Ministers should be prevented by law and the number of
Ministers in any State or the Union Government should be limited to a maximum
of 10% of the total strength of the lower house of the legislature?
Yes No
46.
The practice of creating a number of
political offices equivalent to that of a Minister should be stopped. Do you agree?
Yes No
47.
It has been suggested that in addition to
measures like the proposed legislation to effectively curb defections and
operation of black money, we must break the nexus between electoral politics,
economic resources and criminal support, and establish the institution of Lok
Pal. Also, it is necessary that a
rigorous and enforceable Code of Conduct be drawn for all Ministers,
Legislators and party functionaries based on principles of selflessness,
integrity, objectivity, accountability, openness, honesty and leadership
norms. Do you agree?
Yes No
48.
Do you agree that an Ethics Committee
consisting of representatives of Political Parties and some eminent public
persons of impeccable integrity and acceptability may be constituted to
monitor, oversee and enforce adherence to the Code of Conduct?
Yes No
SELECT
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