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ELECTION AND REPRESENTATION 11 NCERT NOTES
These notes on Election and Representation from Class 11 NCERT Political Science provide a clear understanding of the democratic process in India. They cover key concepts such as the need for elections, types of electoral systems, first-past-the-post and proportional representation methods, and how elections ensure people's participation and accountability in governance.
Elections and Democracy:
1. Let us begin by asking ourselves two simple questions about elections and democracy.
Can we have democracy without holding elections?
Can we hold elections without having democracy?
Democracy without holding elections:
The first question reminds us of the necessity of representation in a large democracy.
All citizens cannot take direct part in making every decision.
Therefore, representatives are elected by the people.
This is how elections become important.
Whenever we think of India as a democracy, our mind invariably turns to the last elections.
Elections have today become the most visible symbol of the democratic process.
Direct and Indirect Democracy:
A direct democracy is one where the citizens directly participate in the day-to-day decision- making and in the running of the government.
Example:
The ancient city-states in Greece were considered examples of direct democracy.
Many would consider local governments, especially gram sabhas, to be the closest examples of direct democracy.
Challenges in Direct Democracy:
Large Scale Population:
But this kind of direct democracy cannot be practiced when a decision has to be taken by lakhs and 53 crores of people.
Indirect Democracy:
Concept: Citizens choose representatives who govern and administer the country.
Election Process: Citizens select representatives through elections.
Limited Role: Citizens have a limited role in major decisions and administration.
Policy Making: They are not actively involved in making policies.
Indirect Involvement: Citizens participate indirectly through their elected representatives.
Importance of Election Method: The method of electing representatives is crucial in this system.
Holding elections without having democracy?
Not All Elections Are Democratic: Some countries hold elections but are not democratic.
Non-Democratic Rulers and Elections: Non-democratic rulers often hold elections to appear democratic but ensure the elections do not threaten their rule.
Role of Constitution: The constitution of a democratic country establishes rules for elections.
Basic Election Rules: These rules include eligibility to vote and contest, election supervision, voter representation, and vote counting.
Constitution of India: The Indian Constitution addresses these aspects, ensuring free and fair elections and fair representation.
The Role of the Constitution:
The constitution of a democratic country plays a crucial role in establishing the basic rules for elections. It addresses key questions related to eligibility to vote and contest, election supervision, voting methods, and representation.
Ensuring Free and Fair Elections: The constitution establishes the principles and framework for free and fair elections, ensuring that the electoral process is democratic and unbiased.
Fair Representation: The constitution also addresses the issue of fair representation, ensuring that the electoral system promotes the representation of diverse interests and ensures the participation of all segments of society.
ELECTION SYSTEM IN INDIA
First Past The Post System:
1984 Lok Sabha Elections: A Landmark in Indian Democracy
Historic Moment: The elections marked a significant moment in India’s democratic history.
Congress Party's Victory: The Congress party won 415 out of 543 Lok Sabha seats, over 80% of the total seats.
Unprecedented Victory: No party had ever achieved such a victory in the Lok Sabha before.
Voter Representation: Despite winning four-fifths of the seats, the Congress party only received 48% of the votes.
Representation Discrepancy: The BJP, for instance, received 7.4% of the votes but less than 1% of the seats, highlighting a discrepancy in representation.
Method: FPTP or Plurality System:
Election Method: India follows the FPTP system with 543 constituencies, each electing one representative.
Winning Criteria: The candidate with the most votes in a constituency wins, even if they don't have a majority.
Not a Majority Rule: Winning candidates don't need a majority; they just need more votes than others.
First Past the Post: The system is like a race where the candidate ahead, even by a small margin, wins.
Constitutional Method: This method is prescribed by the Indian Constitution for elections.
Explanation of Congress Party's Victory
Reason for More Seats: The Congress party won more seats than its vote share because in many constituencies, its candidates secured less than 50% of the votes.
Less Than Majority Wins: When there are several candidates, the winning candidate often gets much less than 50% of the votes, but still wins.
Wasted Votes: Votes for losing candidates do not contribute to any seat allocation, making them 'wasted'.
Hypothetical Example: If a party gets only 25% of the votes in every constituency, but everyone else gets even less, that party could win all the seats with only 25% votes or even less.
Proportional Representation
Proportional Representation in Israel
Election System: Israel uses a proportional representation system for its legislature, the Knesset.
Election Frequency: Elections are held every four years.
Voting Process: Voters choose a party, not individual candidates.
Seat Allocation: Parties receive seats in the legislature based on the proportion of votes they receive.
Representation for Small Parties: Even small parties with minimal support can gain representation.
Minimum Threshold: Parties must receive at least 3.25% of the votes to qualify for seats in the legislature.
Coalition Government: This often results in a multi-party coalition government.
2. In Israel once the votes are counted,
Seat Allocation: Parties receive seats in proportion to their share of votes.
Nominee Selection: Each party fills its quota of seats by picking those many of its nominees from a preference list that has been declared before the elections.
Election System: This system is known as Proportional Representation (PR).
Proportionality: Parties receive the same proportion of seats as their share of votes.
Variations in PR System:
In the PR system there could be two variations.
First Method:
In some countries, like Israel or Netherlands,
The entire country is treated as one constituency and
Seats are allocated to each party according to its share of votes in the national election.
Second Method:
The other method is when the country is divided into several multi-member constituencies as in Argentina and Portugal.
Each party prepares a list of candidates for each constituency,
Depending on how many have to be elected from that constituency.
Significance:
In both these variations, voters exercise their preference for a party and not a candidate.
The seats in a constituency are distributed on the basis of votes polled by a party.
Thus, representatives from a constituency,
would and do belong to different parties.
Third Variation in PR
India and PR
In India, we have adopted a PR system on a limited scale for indirect elections.
The Constitution prescribes a third and complex variation of the PR system for the election of:
President
Vice President and
for the election to the Rajya Sabha and
Vidhan Parishads.
Why did India adopt the FPTP system?
Complexity: The Rajya Sabha election process is intricate, suitable for smaller countries but challenging for larger ones like India.
1. It's because of its Simplicity:
1. Simplicity: The FPTP system is popular due to its simplicity, making it easy for common voters to understand, even without specialized political knowledge.
2. Clear Choice for Voters: Voters are presented with a clear choice during elections, simply endorsing a candidate or party of their choice.
3. Candidate-Centric Approach: FPTP allows voters to choose between specific candidates, not just parties, allowing for a more nuanced decision-making process.
4. Flexibility in Voting: Depending on individual preferences, voters can prioritize either the candidate or the party, or strike a balance between the two, based on their assessment of the political scenario.
Comparison of Electoral Systems:
1. FPTP vs. PR Systems:
FPTP: In FPTP, voters choose a specific candidate, providing clarity and accountability as each locality has a dedicated representative.
PR: PR systems elect representatives based on party lists, leading to a lack of direct representation for specific localities.
2. Stability of Government:
FPTP: FPTP is favored for providing stable governments, as it typically ensures that the executive (government) has a majority in the legislature.
PR: PR systems may not always produce a clear majority, potentially leading to instability in forming a government.
3. Formation of Coalitions:
FPTP: FPTP often results in the largest party or coalition gaining extra seats, promoting the formation of stable governments.
PR: PR systems can lead to the fragmentation of votes among different social groups, potentially hindering the formation of stable governments.
4. Impact on Diversity:
FPTP: FPTP encourages voters from diverse social groups to unite to win elections in a locality.
PR: PR systems may encourage the formation of community-specific parties, which could affect national unity and governance.
5. Constitutional Perspective:
The makers of India's Constitution may have favored FPTP over PR due to concerns about stability, effective governance, and national unity in a diverse country like India.
Main Points:
The FPTP system has proved to be simple and familiar to ordinary voters.
It has helped larger parties to win clear majorities at the centre and the State level.
The system has also discouraged political parties that get all their votes only from one caste or community.
India’s exemption in FPTP:
Party System in India:
1. Two-Party System in FPTP:
FPTP typically leads to a two-party system, where power is shared between two major parties.
New or third parties find it challenging to enter the competition and share power.
2. Indian Scenario:
In India, despite adopting FPTP, there was initially a dominance of one party with many smaller parties coexisting.
Post-1989, India has witnessed the emergence of multi-party coalitions, deviating from the traditional two-party system.
3. Coalitions in India:
India's party system now features multi-party coalitions at the national level.
Many states are also experiencing a shift towards two-party competition.
4. Impact of Coalitions:
The rise of coalitions in India has allowed new and smaller parties to participate in electoral competition despite the FPTP system.
This has contributed to a more diverse and inclusive political landscape in India.
RESERVATION OF CONSTITUENCIES
Representation of Oppressed Social Groups:
1. FPTP System and Representation:
FPTP system elects the candidate with the highest votes in a constituency.
In India, this can disadvantage smaller social groups, especially in a caste-based society.
2. Caste-Based Discrimination in India:
India has a history of caste-based discrimination.
FPTP can lead to dominant castes winning everywhere, leaving oppressed groups unrepresented.
3. Constitutional Provisions: The Indian Constitution makers recognized this issue and aimed to ensure fair representation for oppressed social groups.
4. British Introduction of Separate Electorates:
Before independence, the British government introduced separate electorates to address this concern.
Reserved Constituencies vs. Separate Electorates:
1. Separate Electorates:
Only voters from a specific community can elect a representative from that community.
Feared to be unsuitable for India's needs.
2. Reserved Constituencies: All voters in a constituency can vote, but candidates must belong to a specific community or social section for which the seat is reserved.
3. Support for Reserved Constituencies:
Certain social groups are spread across the country but may not have enough numbers in a single constituency to influence a victory.
Reservation ensures their representation across the country, recognizing their significance as a sizeable group.
Where applies RC:
1. Constitutional Provision:
Seats in the Lok Sabha and State Legislative Assemblies are reserved for Scheduled Castes (SC) and Scheduled Tribes (ST).
Initially for 10 years, extended through constitutional amendments, currently up to 2020.
Parliament can further extend the reservation period.
2. Number of Reserved Seats:
Out of 543 elected Lok Sabha seats, 84 are reserved for Scheduled Castes and 47 for Scheduled Tribes (as of January 26, 2019).
Questions:
Who decides which constituency is to be reserved?
On what basis is this decision taken?
Answer: Delimitation Commission
1. Appointment and Collaboration:
The Delimitation Commission is appointed by the President of India.
It works with the Election Commission of India.
2. Functioning:
Responsible for drawing constituency boundaries nationwide.
Fixes a quota of reserved constituencies in each State based on SC or ST population proportions.
3. Reserved Constituencies:
For Scheduled Tribes (ST), identifies constituencies with the highest ST population.
For Scheduled Castes (SC), selects constituencies with higher SC population, spread across different regions of the State.
4. Rationale:
Ensures fair representation for SC and ST communities.
SC population is evenly spread across the country, requiring a distributed approach to reservation.
Reasons for Reserved Constituencies:
1. Rotation of Reserved Constituencies: Reserved constituencies can be rotated in each delimitation exercise.
2. Drawbacks: The Constitution does not provide similar reservations for other disadvantaged groups.
3. Demand for Women's Reservation:
There's a strong demand for reserving one-third of seats in Lok Sabha and State Assemblies for women.
This demand arises from the low representation of women in elected bodies.
4. Reservation in Local Bodies:
Seats are reserved for women in rural and urban local bodies.
This will be discussed further in the chapter on Local Governments.
A similar provision for Lok Sabha and Vidhan Sabhas would require an amendment to the Constitution.
Such an amendment has been proposed several times in the Parliament but has not yet been passed.
Note:
The proportion of Muslims in the population of India
is about 14.2 per cent.
But the number of Muslim MPs in the Lok Sabha has usually been less than 6 per cent, less than half of their share in population.
A similar situation prevails in most State Assemblies.
FREE AND FAIR ELECTIONS
1. Impartial and Transparent Process: An election system must be impartial and transparent to uphold democracy.
2. Expression of Voter Aspirations: The system should allow voters' aspirations to be legitimately expressed through electoral results.
Universal Franchise and Right to Contest:
Voters and Candidates:
The Constitution determines who can vote and who can contest elections.
It follows established democratic practices.
Universal Adult Franchise:
All adult citizens of the country are eligible to vote, known as universal adult franchise.
Universal Adult Franchise:
1. Historical Struggles:
Citizens in many countries fought long battles for the right to vote.
Women, in particular, had to struggle for this right in many countries.
2. Indian Constitution: The framers of the Indian Constitution ensured every adult citizen the right to vote.
3. Age Eligibility:
Initially, an adult in India meant a citizen above 21 years.
An amendment in 1989 lowered the age to 18.
4. Principle of Equality: Adult franchise ensures equality and non-discrimination in selecting representatives.
5. Belief in Citizens' Ability: Constitution makers believed in the ability of all citizens to decide what is best for society.
6. Right to Contest Elections: All citizens have the right to stand for election and become representatives.Right to Contest Elections:
1. Minimum Age Requirement: To contest Lok Sabha or Assembly elections, a candidate must be at least 25 years old.
2. Other Restrictions: Individuals imprisoned for two or more years for an offence are disqualified from contesting elections.
3. Open to All Citizens: There are no restrictions based on income, education, class, or gender on the right to contest elections.
4. Inclusivity: The election system is open to all citizens, reflecting inclusivity and equality.
Independent Election Commission:
1. Ensuring Free and Fair Elections: India has made several efforts to ensure a free and fair election system.
Independent Election Commission
Several efforts have been made in India to ensure the free and fair election system and process.
Article 324 :
Role: Provides for an independent Election Commission in India.
Responsibilities: Supervises, directs, and controls the electoral roll and the conduct of elections.
Authority: Gives the Election Commission decisive power over election-related matters.
Judicial Support: The Supreme Court has agreed with this interpretation of the Constitution.
Chief Electoral Officers and Local Body Elections:
State Level: Each state has a Chief Electoral Officer to assist the Election Commission.
Local Body Elections: The Election Commission is not responsible for conducting local body elections.
State Election Commissioners: Operate independently of the Election Commission, managing local body elections in their respective states.
Composition of the Election Commission
Historical Background: Initially, the Election Commission was a single-member body until 1989.
Transition to Multi-member Body: Before the 1989 general elections, two Election Commissioners were appointed, making it a multi-member body.
Reversion to Single-member Status: After the 1989 elections, the Commission returned to being a single-member body.
Permanent Transition to Multi-member Body: In 1993, two Election Commissioners were appointed again, and the Commission has been multi-member since then.
Challenges and Resolution
Initial Apprehensions: There were concerns about a multi-member Commission.
Disagreements: There was a disagreement among Commissioners about power distribution.
Resolution by the Supreme Court: The Supreme Court settled the matter.
Current View: A multi-member Election Commission is considered more appropriate now.
Benefits: Power sharing and greater accountability are seen as advantages of a multi-member Commission.
Role and Powers of the Chief Election Commissioner (CEC)
Presiding Officer: The CEC leads the Election Commission.
Equal Powers: The CEC and two Election Commissioners have equal decision-making powers.
Appointment: Appointed by the President of India on the advice of the Council of Ministers.
Partisan Appointments: Fear that ruling parties might appoint biased individuals.
Proposed Change: Suggestions to involve the leader of opposition and Chief Justice of India in the appointment process.
Tenure and Removal
Security of Tenure: Ensured by the Constitution.
Term: Six years or until the age of 65, whichever is earlier.
Removal of CEC:
Can be removed before the expiry of the term, by the President upon a special majority recommendation from both Houses of Parliament.
This is done to ensure that a ruling party cannot remove a CEC who refuses to favour it in elections.
Removal of Election Commissioners: Can be removed by the President of India.
Functions of the Election Commission of India
Supervision of Voters' List: Ensures the voters' list is accurate and free of errors, like non- existence of names of registered voters or existence of names of those non-eligible or non-existent..
Determination of Election Timing: Decides the schedule for elections, including important dates like date from which nominations can be filed, last date for filing nominations, last date of scrutiny, last date of withdrawal, date of polling and date of counting and declaration of results.
Ensuring Free and Fair Elections
Empowered to ensure fair polls by taking actions like postponing or canceling elections in the entire country or a specific State or constituency on the grounds that the atmosphere is vitiated (spoiled).
Implements a model code of conduct for parties and candidates.
Can order re-polls (in a specific constituency) or recounts (process has not been fully fair and just) when necessary.
Recognition of Political Parties: Accords recognition to political parties and allocates symbols to them.
Staffing and Authority
Limited Staff: The Election Commission has a small staff.
Election Conduct: Conducts elections with the help of administrative machinery.
Control Over Administration: During elections, the Commission controls administrative officers assigned election duties, with the authority to transfer them, stop their transfers, or take action against them for partisan behavior.
Independence and Assertiveness
Evolution: The Election Commission has evolved into an independent authority.
Fairness and Impartiality: It acts impartially to protect the sanctity of the electoral process.
Effective Use of Powers: The Election Commission now asserts itself more by using its powers better, without needing new laws or constitutional changes.
Increased Independence: Despite no increase in powers or constitutional protection, the Election Commission is perceived as more independent and assertive than it was 25 years ago.
The Election Commission is more assertive not because it has more powers or constitutional protection, but because it now uses its existing powers more effectively.
2. Election Frequency: Seventeen Lok Sabha elections have been held since 1951-52, along with numerous state assembly and by-elections.
3. Challenges Faced: The Election Commission has faced challenges in conducting elections in militancy-affected areas like Assam, Punjab, and Jammu and Kashmir.
4. Postponements:
Elections were postponed in 1991 following the assassination of ex-Prime Minister Rajiv Gandhi during campaigning.
In 2002, elections in Gujarat were postponed due to unprecedented violence, with the Election Commission deciding to delay them by a few months, a decision upheld by the Supreme Court.
Electoral Reforms:
1. Imperfection of Election Systems: No election system can be perfect, and flaws and limitations are inevitable.
2. Continuous Search for Improvement: Democratic societies must constantly seek mechanisms to maximize the fairness of elections.
3. Efforts for Fair Elections in India: India has strived for fair elections through adult suffrage, freedom to contest elections, and the establishment of an independent Election Commission.
4. Proposals for Reform: Over the past 66 years, various suggestions for reforming the election system have emerged from the Election Commission, political parties, independent groups, and scholars.
5. Changing from FPTP to PR: There is a suggestion to change the electoral system from FPTP to a proportional representation (PR) system variant to ensure parties get seats proportionate to their votes.
6. Increase Women Representation: There should be a provision to ensure at least one-third of the parliament and assembly members are women.
7. Regulation of Money in Politics: Stricter provisions are needed to control the role of money in electoral politics, with election expenses paid by the government from a special fund.
8. Disqualification of Candidates: Candidates with any criminal case should be barred from contesting elections, even if their appeal is pending before a court.
9. Ban on Caste and Religious Appeals: There should be a complete ban on the use of caste and religious appeals in the campaign.
10. Regulation of Political Parties: A law should regulate the functioning of political parties to ensure transparency and democratic practices.
Challenges and Solutions:
1. Consensus on Reforms: There is no consensus on electoral reform suggestions, and even with consensus, legal provisions have limitations.
2. People's Vigilance: People need to be more vigilant and actively involved in political activities to ensure free and fair elections, but there are limits to their regular political engagement.
3. Role of Political Institutions: Political institutions and voluntary organizations should act as watchdogs to ensure free and fair elections, supplementing people's efforts.
Conclusion:
Success of India's Election System:
1. Peaceful Change of Governments: Voters can freely choose representatives and change governments peacefully at both state and national levels.
2. Voter Participation: There is a consistent and high level of voter interest and participation, with an increasing number of candidates and parties contesting elections.
3. Accommodative and Inclusive System:
The election system is accommodative and inclusive, leading to a gradual change in the social composition of representatives. However, the representation of women legislators remains unsatisfactory.
4. Minimal Electoral Malpractices: The election outcomes in most areas are not affected by malpractices or rigging, despite attempts that do occur. Instances of violence, voter list discrepancies, and intimidation rarely directly impact the election results.
5. Elections Integral to Democracy: Elections have become an integral part of India's democratic life. Governments respect election verdicts, and the formation of a government without elections is inconceivable. India's regular and periodic elections have earned it a reputation as a successful democratic experiment.
Respect and Confidence in India's Election System:
1. Domestic and International Respect: India's election system is respected both domestically and internationally.
2. Increased Voter Confidence: Voters in India have gained confidence in the election process.
3. Legitimacy of the Election Commission: The Election Commission's legitimacy has increased in the eyes of the people.
4. Constitutional Decision Vindicated: These outcomes vindicate the basic decisions taken by our Constitution makers regarding the election system.
5. Potential for Improvement: With further improvements in the election process, voters and citizens can more effectively participate in this democratic process and make it more meaningful.
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