Cleaning up the Augean Stables: Simultaneous
Elections, State Funding
Every election is determined by the people
who show up- Larry J Sabato, Pendulum Swing
Before everything there has to be an admission. Are we
willing to sacrifice some element of personal freedom and democratic process
for faster growth and development?
If yes, then much of what follows here is worth the
candle. If not, then it is an approaching encroachment, even a reengineering of
our fundamental rights as citizens.
In the roiling manthan of the post
demonetisation period, the near immunity of the political parties regarding
their massive anonymous cash funding
stood out in sharp contrast.
It seemed as if the rule of law enumerated in the
Income Tax Act was simply not applicable to the political class.
Of the nearly 2,000 registered political parties, only
a few ever fought elections. What did the rest do? Were they registered only to
launder black money?
Ironically, once the Election Commission (EC) has
registered a political party and allocated it a symbol, it does not possess the
authority to de-register it.
The largest amongst them, the Congress, the ruling
party for decades past, and the presently ruling BJP, have long been opaque,
even on the source of their non-cash funding.
However, the Prime Minister has now said that the
public has a right to transparent disclosure of such political funding too.
Hopefully he will sponsor the legislation to make this
happen. But of course, having made such a statement, he has already scored
vital political points over those opposed.
In addition, this government has boldly
mooted state-funded electioneering, political donations entirely by cheque, and
simultaneous elections to the Centre and the States.
It sounds improbably utopian, and yet such ideas have
never been spear-headed by an Indian Prime Minister before. Narendra Modi says he
is determined to curb corruption and make India foreign investment friendly by
way of motivation.
There have indeed been many committees on partial or
complete state funding of electioneering already. Perhaps, once economic
liberalisation came to our soviet style ‘planned economy’, thoughts on
improving political processes followed.
There was the Indrajit Gupta Committee on the State
Funding of Elections (1998), the Law Commission Report on Reform of Electoral
Laws (1999), National Commission to Review the Working of the Constitution (2001),
the Second Administrative Reforms Commission (2008), and the Law Commission of
India Report on Electoral Reforms (2015).
Were any of the worthy recommendations from so many
studies ever implemented? The answer is no.
Advanced countries such as Germany, Austria, France,
Denmark, Israel, Norway, Netherlands, Italy, Canada, Japan, Spain, Australia,
South Korea, the presidential election in the US, have had partial or
comprehensive state funding of elections
mechanisms in place, and operational, for 30 years now.
But, it must be said, everywhere, it has not prevented vast raising of monies and additional spending by
a candidate and/or his political party.
If state funding was intended to keep lobbies at bay,
it has not worked in any of these countries, and it won’t do so here either.
But combined with white money funding, and transparency
on the names of donors, amplified during the electioneering, it might yet clean
up the Augean Stables and better help the voter make up his own mind.
Despite its many edges, a potentially transformative discussion
on this and related issues will be tabled at an all-party meeting just before
the forthcoming budget session.
Ideally, a political consensus would be desirable. But,
given the polarisation along party lines and routine acrimony in parliament,
this seems near impossible.
Because of this endemic mistrust of the NDA’s brute
majority and its alleged non-secular agenda, new laws on electoral reform, if
any, will have to be pushed through by itself.
And this, debate initiation notwithstanding, presumably
only after it improves its numbers in the Rajya Sabha.
This could happen shortly, particularly if the reported
approval of its demonetisation initiative continues to prevail during the five
forthcoming assembly elections.
So far, the BJP has done very well in almost all municipality
elections held after November 8th.
The government’s numbers in the Rajya Sabha will be
boosted enormously by 2018, if the ruling NDA wins in Uttar Pradesh.
While the EC has been pushing for various aspects of
electoral reform for quite some time, it has met with very little legislative
support. Conventional wisdom too dismissed the possibility as it would reduce
elbow-room for the political classes.
And yet, the Modi government sees considerable
advantage in it, thinking, no doubt, of 2019 and beyond.
The Prime Minister promptly welcomed the EC’s recent
call to limit anonymous cash donations to political parties to just Rs. 2,000
each, asking for them to be banned entirely.
And he reiterated his call to hold simultaneous elections
to the Centre and the States.
That it would save time and money, and free the
government to concentrate on its work uninterrupted for five years is both
compelling and undeniable.
And yet, smaller political parties argue that the elections
to the Centre are fought on national issues while state elections are focussed
on more localised matters.
Some political pundits argue simultaneous elections
would curb India’s essential diversity, never mind the chaos and expenditure.
In addition, to club all of them may distort the voting
patterns if there are pronounced swings in favour of a given party at the
centre.
The resistant are, of course, thinking of the ‘Modi Wave of 2014’ being
repeated.
And so, many regional parties, facing other existential
crises, afraid of being swamped in their own strongholds, are not in favour.
The decision comes more easily to a national party that
runs various state governments. But this currently applies only to the BJP, to
a lesser extent to the Congress, and only slightly to the nearly vanished CPM.
If Congress continues on its precipitous decline, it
will leave just one national party standing to benefit.
Besides, all the implied neatness is disrupted
instantly if either the central government or any of the state governments fall
in the course of their tenure. As they do, owing to political tugs and pulls, quite
often.
It would then imply, that to cement the process, there
must be fixed tenures as well. How democratic that would be in a Westminster
style parliamentary democracy as envisaged by our founding fathers, is yet
another issue to mull over.
If we implement all this soon, we may have to make more
changes still, probably towards a presidential form of government.
There will also have to be many practical adjustments
made to make one-size-fit-all.
Some states will have to cut short their terms to fall
in line, and others will need to extend theirs. However, it would only have to
be done once and for all. But try telling that to an elected state government,
say two years into its tenure!
The current narrative also leaves out problems such as a
large number of parliamentarians and state legislators with criminal cases
against them.
Legislation has already been passed to debar those who
are convicted. That it still doesn’t prevent them operating via proxies, often
close family members, is another evolutionary loophole of our parliamentary
democracy to be tackled in future.
It all began with the grand adoption of universal
suffrage in a largely illiterate country. But after 70 years, the fact that
this enormously complex electoral process for almost a billion voters works so
well, warts and all, is impressive by any standard.
That is should also be in need of course correction and
reform is not surprising. Particularly since the need to grow economically is
essential to poverty alleviation and present day aspiration.
Getting rid of some enormously expensive and disruptive
electoral freedoms will not take away anything from the people. However, the
jury may be out amongst the much pampered political class.
For: The Sunday Guardian
(1,292 words)
January 11th, 2017
Gautam Mukherjee
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