India’s transition from an erstwhile British colony to an independent, sovereign state meant, for her people, a change in their status from being mere subjects to citizens bestowed with adult suffrage. The ultimate authority, therefore, now rests with the citizens. India’s large and complex population made it impossible for this authority to be discharged directly and therefore, the citizens elect their ‘representatives.’ This act of electing their representatives is called ‘elections’ and the set of rules that determine how the elections are conducted and the results ascertained is called the ‘electoral system.’ The electoral system adopted by the Constituent Assembly, through the debates on the constitution for the adoption of the parliamentary democracy, is a variant of the majoritarian system known as the ‘First Past The Post System.’ The fundamental principle underlying the system is that for the candidate, to cement his/her electoral victory, does not need a majority of the votes polled, but only a plurality of votes would suffice. The basis for the decision of the Constituent Assembly members to opt for the FPTP system lies in its simplicity and its promise of producing a stable government. Dr. B.R. Ambedkar when speaking in the assembly said, “Now, I have not the least doubt in my mind that whatever else the future government provides for, whether it relieves the people from the wants from which they are suffering now or not, our future government must do one thing, namely, it must maintain a stable government and maintain law and order. I am therefore very hesitant in accepting any system of election which would damage the stability of the government.”
Legislative bodies aren’t merely law-making authorities, they are mini societies in themselves that reflect and react to the issues plaguing the citizenry at large. Labelling legislative bodies as mini societies emphasizes the fact that the composition of the representatives reflects the diversity of social groups and shades of opinion present within the country. The divisions and prejudices that exist in the Indian subcontinent based on caste, class, and religion were a primary point of reference for the members of the constituent assembly when debating over whether the various provisions of the constitution would be functional in the country. In this sense, the decision to choose the FPTP system over other electoral formulas signifies an attempt to alleviate the fears of the members of a further divided subcontinent. Yet, as we enter the 75th year of our freedom with entrenched unresolved issues, it brings us back to the question that the constituent members struggled with: how efficient and representative is the present electoral formula?
Loksabha Elections – 2019
Regional representation
A post-election analysis by IndiaVotes showed that the two major alliances – National Democratic Alliance and United Progressive Alliance won 45.2% and 27.5% of votes respectively and the rest was shared among parties including All India Trinamool Congress, Yuvajana Sramika Rythu Congress Party, Biju Janata Dal, Bahujan Samaj Party, Telangana Rashtra Samithi and so on. With 45.2% votes, the NDA led by the BJP satisfied the requirements laid down by the FPTP allowing it to take charge of the government formation. However, what the vote percentage implies is that the current regime isn’t exactly a popular choice given more than fifty percent of the voters chose to vote against them. In their paper ‘Minoritarian Rule: How India’s Electoral System Created The Illusion of a BJP Landslide’, Macdonald and Moussavi call India a “minoritarian” democracy wherein ‘ a plurality of voters selects the majority of representatives in Parliament.’
Furthermore, the success was concentrated within the states of central and western India which includes- Gujarat, Uttar Pradesh, Rajasthan, Madhya Pradesh, Bihar, Chhattisgarh, Maharashtra, and Jharkhand. These are also few of the states with the highest number of Lok Sabha seats- Gujarat (26), Uttar Pradesh (80), Rajasthan (25), Madhya Pradesh (29), Bihar (40), Chhattisgarh (11), Maharashtra (48) and Jharkhand (14). Given how diverse the country is culturally and linguistically, how do we compensate for the lack of the same in the union government?
Minority representation
The total minority representation in the 2019 Lok Sabha stands at 9.2%, including Muslims, Christians, Sikhs, and other religious minorities. This means over 90% of the MP’s are Hindus in a country where the minorities make up 19.3% of the total population (Census 2011).
Kazi Syed Karimuddin when speaking against the efficacy of the FPTP system in the constituent assembly had feared the dilution of minority representation and had said, “Therefore my submission is that the present system as it stands does not guarantee a majority rule as people commonly suppose and does not guarantee a representation to minorities, not necessarily religious, even the political minorities.” To this Dr. B.R.Ambedkar felt that while the country may not be ready for a complex electoral formula but to ensure minority representation he suggested reserved constituencies for the minorities as an alternative and in this regard, he said, “If any particular minority represented in this House said that it did not want any reservation, then it would be open to the House to remove the name of that particular minority from the provisions of article 292. If any particular minority preferred that although it did not get a cent percent deal, namely, did not get a separate electorate, but that what it has got in the form of reservation of seats is better than having nothing, then I think it would be just and proper that the minority should be permitted to retain what the Constituent Assembly has already given to it.”
The Constituent Assembly finally decided on reserved constituencies for the communities of Scheduled Castes and Scheduled Tribes only.
Reserved constituency
The constitution has reserved 131 out of 543 seats for Scheduled Castes and Scheduled Tribes (84 for SC’s and 47 for ST’s). In the present Lok Sabha out of the 543 MP’s, 138 come from SC/ST communities implying that only 7 MP’s from SC/ST communities have been elected in unreserved constituencies. The situation would have been grimmer had their representation not been secured through reserved constituencies.
The major loophole in the practice of securing representation through reserved constituencies with the use of FPTP is that it is the Non-SC/ST communities that majorly get to decide who the representative for the SC/ST communities would be. Given SC/ST populations are spread across regions rather than being concentrated in a few, it is then the dominant communities with their muscle and money power that decide on where the votes go. This keeps outspoken and assertive leaders from marginalized communities outside legislative bodies and in a way excludes these communities and their issues from mainstream political discourse. Hence, Macdonald and Moussavi observe, “District boundaries are therefore fundamentally important. Their shape determines the population size and ideological composition of the electorate facing each party.”
Mainstream political discourse
With FPTP’s ‘winners take all’ formula, it so happens that political parties restrict their discourse and activities to the interests of the dominant communities as they become the deciding factor in the contestants getting the plurality of votes. Douglas Amy in her paper ‘Proportional Representation: Empowering Minorities or Promoting Balkanization’ says, “The claim that winner-take-all elections are inherently more capable of bridging political divides does not bear up under scrutiny. For example, the requirement that winning candidates appeal to the majority of voters has done little to discourage factionalism. Indeed, it has merely encouraged candidates to attack minority groups to win over the majority.”
This has not only further marginalized the already marginalized but also hinders the Socio-Economic and Political progress of the country as spaces for discussing “actual” issues shrink and real development can’t be equated to the progress and well-being of a minute population.
Effect on voters
Wastage of votes, a definite consequence of the FPTP system as it often discourages voters from turning up to vote. Furthermore, voters indulge in ‘tactical voting’ wherein instead of voting for a candidate/party who aligns with their values and ideals, they end up voting for one of the major parties or the lesser of the two evils whom they think have more chances of winning. In a way, the voter is making no real impact in the making of the government (Singh & Sharma, 2019).
Conclusion
The Law Commission, in their reports in the year 1999 and then again in the year 2015, had recommended that the government look into alternative electoral methods and examine how well they’d work out for the country. However, this has remained a recommendation only on paper with governments taking no active interest in the same. Carles Boix in his paper ‘Setting the Rules of the Game: The Choice of Electoral Systems in Advanced Democracies’ (1999) states that “as long as the electoral arena remains the same, and favours the ruling parties, the electoral system is not changed. If there is a change in electoral dynamics due to the coming of new voters or alterations in voter’s preference, then the ruling party reshapes the electoral setup to suit their choices.” Hence, we still do not see electoral reforms being a part of the mainstream political discourse. However, to make our political system more inclusive, diverse, and efficient, it is about time we give electoral reforms a serious thought.
References
Amy, D. J. (1995). Proportional Representation: Empowering Minorities or Promoting Balkanization? The Good Society, 5(2).
Boix, C. (2000). Setting the Rules of the Game: The Choice of Electoral Systems in Advanced Democracies. SSRN Electronic Journal. Published. https://doi.org/10.2139/ssrn.159213
Macdonald, G., & Moussavi, B. (2015). Minoritarian Rule: How India’s Electoral System Created The Illusion of a BJP Landslide. Economic and Political Weekly. Published.
https://www.indiavotes.com/alliance/partyWise/17
https://en.wikipedia.org/wiki/List_of_constituencies_of_the_Lok_Sabha
https://www.minorityaffairs.gov.in/sites/default/files/MsDP%20%28FAQs%29.pdf
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