Readers are well aware of the problems of electoral representation in the country: Widespread corruption and criminality of elected officials, their defection from parties after election, lack of inner party democracy and establishment of family political enterprises, voter fraud and vote buying, violence and intimidation and creation and maintenance of vote banks. But recent events have brought all these issues to a head.
Firstly, the BJP now directly rules 36 percent of the population and dominates national politics. The pre-eminent national party since Independence, the Congress, has been reduced to a rump, directly ruling 7 percent of the population. Regional parties rule over 41 per cent of the population. Other regional parties in alliance with BJP rule over 7.5 per cent of the population and one regional party rules over 8.5 per cent of the population along with the Congress.With the Congress failing to offer a viable alternate political platform, it is likely that we will see BJP dominance for the foreseeable future.
Secondly, the latest seven-bench Supreme Court decision in January 2017 on disqualification of candidates has altered the political framework. Four judges led by the Chief Justice held that: “An appeal in the name of religion, race, caste, community or language is impermissible under the Representation of the People Act, 1951 and would constitute a corrupt practice sufficient to annul the election in which such an appeal was made regardless whether the appeal was in the name of the candidate’s religion or the religion of the election agent or that of the opponent or that of the voter’s.The sum total of Section 123 (3) even after amendment is that an appeal in the name of religion, race, caste, community or language is forbidden even when the appeal may not be in the name of the religion, race, caste, community or language of the candidate for whom it has been made. So interpreted religion, race, caste, community or language would not be allowed to play any role in the electoral process and should an appeal be made on any of those considerations, the same would constitute a corrupt practice”
While this judgment has been thought to be aimed at religion, it is clear from the above that it applies effectively not only candidates but also parties based on religion, race, caste, community or language. This may affect parties such as AIMIM, Shiv Sena, BSP, AIADMK, DMK, TDP, National Conference, Kerala Congress, IMUL etc whose appeal to about a total of 16 percent of voters is not universal in nature.
In the case of BJP, it can take comfort from the 1995 Supreme Court judgment in the Hindutva case which declared that Hinduism was not a religion but a way of life. With this current Supreme Court judgment, a large part of the political system is in danger of having its activity labelled as corrupt practice.
Thirdly and more substantially, we hear and know of candidates buying their party tickets and then in turn, buying votes. It is quite clear that voters are being bribed by hard cash. In fact, voters have begun to use the known corruption of politicians as an excuse for demanding payment for their votes. The larger political parties are now relying on the candidate’s own resources—money, muscle and other strengths —to win elections for them. Consequently, their central party leadership is hostage to those who can manipulate the electoral process. Once elected, these persons feel that they can defy their party leadership and even defect as and when they please.
Fourthly, with re-monetisation and the latest Budget announcement that anonymous “donations” to any party or candidate above `2000 in cash will be taxed at 100 per cent (tax paid by party), the government has undermined the financial process of party fund-raising. It is no surprise that the Congress leader, Rahul Gandhi is now in favour of state funding of political parties—thus joining the CPM on this issue.
Finally, the prime minister and his government have come out in favour of synchronised Parliamentary and Assembly elections. If this sensible idea is adopted, it will result in fixed five year terms for all Assemblies and Parliament. De-stabilised governments will not result in midterm elections but either in presidential rule (in the States) or a caretaker Government (in the Centre)—till the time period the fixed term expires and new elections are held.
All these above factors indicate that a new Representation of People Act is urgently needed which:
(a) Takes into account current political realities.
(b) Mandates state funding of political parties, to be disbursed after scrutiny by the Election Commission of India based on number of party members and their contribution in membership fees; based on votes polled with a minimum for new entrants, etc.
(c) Prohibits donations to parties from any source whatsoever.
(d) Ensures regular elections of the top leadership by the entire membership.
(e) Requires candidates to be elected by the relevant constituency party membership.
(f) Mandates annual audit of party accounts by the Comptroller and Auditor General of India.
(g) Requires candidates to have high qualifications.
(h) Imposes severe disqualification criteria on candidates and,
(i) Sets up special courts to decide election petitions in a fixed period.
A new polity, clean and stable, will have to rise out of the mistakes, corruption and grossness of the present system. Unless politicians reform the system themselves, others will be tempted to change it for them.
Gautam Pingle
Former Dean of Research at Administrative Staff College of India, Hyderabad
Email: gautam.pingle@gmail.com