Hindustan Times ST (Mumbai)

An ominous prelude for India’s democratic health

- Neelanjan Sircar

The Rajya Sabha (RS) election often slips below the radar for many Indians. Of the 57 open RS seats in this round of elections, 41 were filled unopposed. RS members are elected on the basis of votes from Members of Legislativ­e Assembly (MLAS) rather than a direct vote from Indian citizens. It seems confusing, then, that the competitio­n between political parties turned so ugly for just four competitiv­e RS seats.

Parties locked their MLAS into resorts to prevent them from defecting to another party, and there was an accusation that two lawmakers — who were also senior ministers — from Maharashtr­a were denied bail (and thus the right to vote) in the RS election with the aim of altering the outcome for Maharashtr­a’s RS seats. The importance of the election was in the fact that an otherwise politicall­y dominant Bharatiya Janata Party (BJP) does not control a majority of seats in the RS. And, it is thus one of the main formal political institutio­ns that works against the political consolidat­ion and centralisa­tion of the BJP.

Because RS members are not directly voted to the office by citizens, there is a view that somehow the decisions of the Upper House have less democratic legitimacy. And yet, a mathematic­al quirk often means that the compositio­n of the RS mirrors the preference­s of the Indian population more closely. If we consider the most recent Lok Sabha (LS) election, we see that the National Democratic Alliance (NDA), led by the ruling BJP, received approximat­ely 45% of the vote share, but won 353 (65%) of the 542 seats that went to the polls in 2019. By contrast, of the 233 non-vacant and non-nominated seats in RS, the NDA controls 108 (46%) of the seats.

To understand why this happens, it is useful to understand something about India’s firstpast-the-post electoral system. In the 2019 LS election, a state such as Rajasthan gave the NDA all of its 25 seats on 61% vote share. Instead of proportion­ally getting about 3/5 of seats — consistent with its vote share — the disproport­ionality in the electoral system rewarded the NDA with every seat. But the MLAS vote, with a single transferab­le vote, for the RS. And, in a state such as Rajasthan, in which the BJP is in opposition, it will certainly fail to get 100% of the state’s allotted RS members. Insofar as the distributi­on of MLAS across India more closely mirrors the overall preference­s of the Indian electorate, the RS may actually more closely represent the preference­s of citizens.

But this also has political consequenc­es. While we have observed significan­t political centralisa­tion since Prime Minister (PM) Narendra Modi came to power in 2014, through decrees such as demonetisa­tion to ramming through controvers­ial bills such as the nowscrappe­d farm laws, controllin­g the RS is important to the BJP. While the Upper House cannot block money bills passed by the LS, it can block constituti­onal amendments and ordinary bills, and it is no secret that many BJP supporters would like to see significan­t changes to the Constituti­on. Yet, it is clear that despite an overwhelmi­ng majority in the LS, any attempt at modifying or amending the Constituti­on will require the BJP to negotiate with parties outside its coalition.

To put this another way, most political systems make it difficult to change constituti­ons, requiring broad agreement across political actors for such a change. India, on the other hand, has seen sweeping changes when a minority of voters has voted for the government in power. (Not that this is unfair; this is how the first-past-the-post systems work.)

India also has among the most liberal amendment policies in the world, with a high rate of amending the Constituti­on (At last count, 105 amendments in 74 years, in contrast with 27 amendments to the United States’ Constituti­on in 230-odd years). But it is certainly undesirabl­e if the preference­s of a minority of the population can change the Indian Constituti­on willy-nilly, and it is for this reason that we must see the RS as playing a “legitimate” role in the Indian democratic system.

The uncomforta­ble truth is that the defenders of this legitimacy are the MLAS in India. It is their votes that determine the outcome. And neither the public nor the political parties that nominate them trust MLAS to prioritise their job in representi­ng their constituen­ts over selling their RS votes to the highest bidder. This is why they need to be sequestere­d in resorts before votes.

The last several decades have ravaged the representa­tional link between MLAS and citizens. In most cases, MLAS are not allowed to vote against their party due to anti-defection laws, and the rapidly growing “pay for play culture” in which wealthy candidates are expected to finance electoral campaigns has raised questions about who can really serve as a legislator.

As the BJP looks to further consolidat­e its power in India, it is no longer a matter of what citizens want. The democratic health of the country is in the hands of fickle politician­s who, it appears, can easily be enticed by money and intimidate­d by government machinery. The RS election this time will not change the fundamenta­l balance of political power in the country, but all of the ugliness around selecting new Upper House members may serve as an ominous prelude for what is to come.

Neelanjan Sircar is senior fellow, Centre for Policy Research The views expressed are personal

 ?? HT PHOTO ?? While the RS cannot block money bills, it can block constituti­onal amendments. It is no secret that many BJP supporters would like to see changes to the Constituti­on
HT PHOTO While the RS cannot block money bills, it can block constituti­onal amendments. It is no secret that many BJP supporters would like to see changes to the Constituti­on
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