Government In Majority May Be A Government In Minority.
Polling In A Booth.
Majority governs, is the cardinal principle of Democracy. If majority, in fact, is minority but it still governs, looks not only surprising but absurd also. It tantamounts to saying ‘yes’ and ‘no’ as a reply to a question and is illogical. Although it looks so, it is not a bizarre or a queer happening. It happens but we don’t pay heed to it. How can then it go unnoticed from our otherwise vigilant eyes? Explanation is very simple, we look at the picture, the way we are told to look . With the passage of time, our attitude of looking at the picture becomes that way and then it transforms to our habit and perception. Resultantly, we lose inquisitive analysis. Before coming to the issue, how majority. Government may sometimes be a minority Government, I would give a brief overview of the democratic governing system so that it becomes easy to understand it.
2. We, in India, are governed by democratic system of governance. Democracy is defined as Government of the people , for the people, by the people. This definition is so simple that it does not need any explanation. The Government under democracy will be run by the people for the betterment of the people. All people are politically equal. They have their voice in governance on account of their right to elect their representative. The concept of democracy was introduced in fifth century BC in Athen. It was opposed by some thinkers on the grounds that the democracy does not have the attribute to verify the special capabilities of the persons to be elected and that tantamounts to surrendering
SOCRATES
direction of the fate of the people to men without adequate experience in governance. And it would also treat the opinion of all citizens as equal in value even on the matter of morality of justice of a policy. This will also lead to corruption and tyranny. In simple terms, Socrates apprehended that in democracy, the decisions being in the hands of men who are not capable enough to govern, will fructify into corruption and no governance. It would, in fact p, lead to mobocracy.
Socrates had to pay a heavy price for his thoughts to the rulers of that time. Barefooted, he was poisoned to death.
The same thoughts were mirrored by his disciple Plato in ‘Apology,’ and also by Aristotle. thereafter. Whether such thoughts later on proved right or wrong is left to the readers to decide themselves.
3. But I as individual subscribe to democratic system of governance although I reproduced the views of great thinkers of that time. I believe, nothing is perfect but don’t believe, near perfection can not be achieved by continuous improvements . My purpose of writing is, therefore, to highlight the defects in prcaticising this system and attempting improvement in practice of this system. That does not mean I don’t subscribe to the system. Democratic system is best but its practice, according to me, certainly needs improvements.
4. We can appreciate that it is not practically possible for the people at large, in other words huge Electorates to jointly sit and decide issues pertaining to them. To simplify the matter, it was considered easy and comfortable if representatives (much less in numbers) of the electorates sit and decide the issues. These representatives at the State and Centre are called Members of Legislative Assembly (MLA), Member of Parliaments (MP) respectively. Against how many electorates there should be one representative is decided under the Representation of People Act where all matters relating to elections are meticulously laid down. Area for one representative is called constituency. Area of such constituency is contiguous so as to facilitate smooth election process. And a constituency is further subdivided into polling area which has a building for casting votes.
Polling Station On The Day Of The Poll.
A building may common house or school likewise. A number of polling areas with separate polling stations are set up for casting votes on the day of the poll.
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5. After the poll , the votes are counted on the day fixed for that . Electronic Voting Machines with the press of Result button display the votes polled in favour of each candidate in digits . A Candidate polling maximum votes is declared as winning . Sometimes , it so happens winning margin that is difference between the votes polled in favour of winning candidate and those polled in favour of next lower candidate is as low as few votes . These few votes may even be a single vote . But the margin may be as high as thousands of votes but that does not matter as far as election result is concerned . The candidate would be declared winning even if the margin is a single vote or thousands of votes .
Counting Of Votes In A Counting Hall.
5. How the number of electorates voting in favour of a candidates affects or does not affect the formation of a Government is illustrated here . Take the case of a Legislative Assembly where , let us say , constituencies are ten in number and the winning margin in its six constituencies is meagre of few votes and all those six winning candidates belong to Party ‘A’. Let us say in three constituencies winning margin is huge in thousands of votes and these three candidates belonging to party ‘B’. One candidate belonging to Party C who wins by a margin of few votes . In this case if we add the votes polled in favour of Party A and separately add the votes polled in favour of party B , we may find that the votes polled in favour of candidates of Party B is appreciably higher (since their three candidates have won with huge margins and six have lost with very small margins ) than those of party A ( since their six candidates have won with very small margin and three have lost with high margins ) .
6. Since it is the majority of the candidates returned that decides the formation of the Government , therefore , the Party A having Six candidates (majority of the candidates) returned will form the Govt although electorates have preferred and polled more votes in favour of Party B . Now we here see majority of the electorates are in favour of party B and minority of electorates are in favour of party A .But that will not matter . Number of winning candidates of a party will matter in formation of Government .
Lamentingly , it could be said that the votes highest in number , polled in favour of candidates of Party B could not translate into corresponding number of winning candidates . What is this translation then ? Democracy says , wish of the majority of the people , will rule and here majority of electorates are in favour of the candidates of party B but still their voice is unheard and Party A in whose favour less electorates voted , is considered in majority . It seems the voice of electorates has gone deaf ear . Where is the voice of majority then? It has gone into oblivion. Party A will form the Government legally and a challenge in the court of law by party B will not succeed because this is what our election law books say . Majority depends upon the number of elected candidates and not on the number of electorates polling in favour of a party . Is the situation paradoxical in view of the definition of democracy ?
7. One may say what I am writing is not practically possible, it is my imagination and it is a hypothetical case . It may be termed as a fantastic case of my imagination stretched to the extremes . But I affirm , it is possible and it happens . It not only happens once in blue moon but happens sometimes but our mind does not analyse it . It has happened in just concluded elections .
8. In order to prove my point and put to rest all doubts and apprehensions forever , I refer to to the results of recently held elections in southern and north eastern states of India . Let us have a look at the result of one such Legislative Assembly . Without naming the constituency and parties , I will give figures of election result as taken from the site of Election Commission Of India .
9. In the house of 126 seats , Party A won 60 seats securing 29.5 % of the votes polled for the Assembly constituency and the Party B won 26 seats with 31% of votes polled for the Assembly constituency . It is clear from above that Party B in spite of getting maximum votes will sit in opposition because it is the number of candidates winning the election matters . What I can say here is votes polled in favour of Party B could not translate into corresponding number of winning candidates . Again the same question arises whether the wish of the electorates should matter or number of candidates winning the election should matter. Question is meant for all of us to consider . At least I am of the strong opinion that it is the wish of the people that should prevail as the definition of Democracy says Government of the people . Government of the people means Government of majority of people or the Government of that party to which maximum electorates voted .
9. After having said all this , next question arises , whether it is practically feasibile to device a system where occurrence of anomaly is avoided. My mind says it is possible if we switch our to a system where number of elected representatives does not matter but the number of electrorates voting in favour of a party matters . That can be achieved if we proporionate the number of seats of the house according to the percentage of electorates voting in favour of the party . It is simple arithmetic of calculating the seats or representations according to the percentage of votes polled . For accomplishing that we will have to change the present principle of formation of Government to that principle where percentage of electorates voting in favour of a party should matter. Next question which arises is as to how to determine the number of representatives of a party . I submit that the percentage of electorates voting in favour of each party or independent candidates contesting the elections are known from the election result . Total seats in a constituencies are also known . From the percentage of electorates voting in favour of a party or independent , proportionate seats can be calculated . In this way , number of representatives of each party including independent candidate can be ascertained . Number of representatives calculated will be the true reflection of the electorates favouring that party . No such situation under that system would arise where legally formed Government is in fact a minority Government . Such a proposal is not a bolt from blue and is practical .
10. For changing to Electorates proportionate representations, amendments in Election Laws are mandatory . This requires will of the people and that of political parties . It is also natural that such a change will not adversely affect a particular party or any party . But it will be in consonance with the voice of the electorates
11. Next comes the implementation of Electorate Proportionate Representations or EPR. Before taking it up , it would be better if I discuss the salient features of EPR system apart from the majority , minority issue already discussed above .Having held a number of elections in the capacity of Returning Officer, District Election Officer and also having performed the duties of Election Observer more than ten times in Elections , I state that such system would avoid a number of ugly skirmishes and tense situations , political surcharged atmosphere , mud slinging of parties , poll related violence , corrupt practices which generally take place in the present system . It would be better to analyse why such problems are associated with the system . In simpler terms , one can say that win of every candidates in an election is at stake and he makes all efforts to win .Winning or losing depends upon the electorates in his favour .That leads to influencing the electorates for voting in his favour , if influencing is contradictory to law, it becomes offence under the Representation of People Act or RPA . End to achieve this is to ensure win of the candidate . If we remove the end , means to achieve will vanish naturally . When we adopt EPR system as explained above , then winning a seat by a candidate at the constituency level will lose its significance or it will be irrelevant . Thus there would not be contest at the constituency level . My experience says that less the electorates , more would be the contest in an election . Logic is simple, electorates being few in number , each electorate matters in .That shifts the efforts of the candidate even to the individual electorate and that tenses up the situation. This is the reason why the elections at the level of Gram Panchayats and Municipal Councils are most troublesome . In a legislative Assembly constituency , the number of electorates is appreciably higher, therefore , the election at L. A Constituency is less troublesome than those of Panchayats and like wise .
12. But in case of EPR system , no candidate will be declared winning from the Legislative Constituency or Parliamentary Constituency . Final contest would be at state level for the entire Assembly or Parliament . Therefore , there would be no stake of the candidate at constituency level and no extraneous efforts to win the constituency elections .
13. EPR system will have the following salient features .
A Tense Situations in ‘ Neck To Neck Fight’ as it happens in the present system , would not be present .
B There would be no declaration of the result at constituency level . There would be no stake , no tension for a few votes .
C. Poll related violence on the day of the election would be minimised .
D. Cases of threat , intimidation of down trodden would be minimised .
E. Absentee voters , Ghost voters would not upset the election result .
F. Polling booth rigging, capturing , influencing voters by illegal means would be minimum .
G. Polling day violence would be minimised .
H. Counting would be smooth and uninterrupted.
I. Requests for recounting of votes would be avoided .
J. Since there would be no declaration of result at constituencies level , the skirmishes at the time of declaration of result would be avoided .
K. Local enmity of the candidate contesting the election would be insignificant .
L. Less tension will lead to less deployment of Forces .
M. Less election related complaints in the field would lead to less burden on Election Commission of India for conducting the election .
N. The system will have the benefit that it would lead to uniform development of the State or the country as the case may be . In EPR system , no constituency will return the candidate and the result is also not be declared at the constituency level, therefore, there would not be any obligation of the member to his constituency only but it will be to all the constituencies and the electorates . This will thus avoid lopsided development.
In nutshell , elections would be conducted with ease , poll related problems minimised and this will also ensure uniform nation development.
14. I am also giving a brief account of the methods and procedure to be adopted for elections under EPR system .
Method And Procedure For Conducting Election Under Electorates Proportionate Representations , EPR :
Nominations Before Returning Officer.
A. Nominations :
The present procedure can be followed with this difference that the candidates set up by the party would be dummy in the sense that no one would be declared elected . They would be symbolic candidates of the party for polling votes .
B. Poll :
Poll would be conducted in usual manner observing the present procedure. It would be immaterial whether a candidate gets maximum or minimum votes .
C. Counting : Counting would be done in usual manner following the present procedure . At the time of counting , the votes polled in favour of a candidate would contribute to
Counting Hall On The Day Of Counting Of Votes. the vote account of his party . In case of the independent , the votes would be contributed to the account of Independent category. No result would be declared .
D. Compiling of result at the state level :
The percentage (and in number) of votes polled in favour of each party , would be added at the State level after obtaining the data from the districts.
In case of Independent category , the percentage would be calculated at the state level by adding the figures obtained from districts .
E. Proportiomate seats calculations:
Each party before the date of counting would give the list of candidates set up by it in order of priority . This list would include all the candidates set up by the party . Representation of the party in terms of number of seats would be calculated on the basis of the total votes polled in favour of the party as explained earlier .Similarly, number of seats of Independents would be calculated . For example , if five seats go to Independent Category , then these five seats would be given to those Independent Candidates whose electorate percentage is amongst top five.
F. Declaration of Result :
After calculating the seats and obtaining the list of candidates as explained above , the candidates would be declared elected .
15. It is evident from above that there is no stumbling block for implementing EPR system . Impediments which I see is ignorance of the prevailing system or our immunity to its apparent shortcomings . Change is a way of life . New takes the place of old and old becomes obsolete . It is upon us whether we prefer new and want to switch over to this EPR system or continue supporting the present system where at times , majority may be minority. If we sanguinely believe, voice of majority electorates is voice of Government , we don’t have other option but to switch over to EPR system otherwise let the inertia takes its toll .
I am Narinder Kumar Wadhawan IAS , Formerly Secretary to Government Punjab . The idea that in present system , a minority Government can be legally majority Government has been haunting me for sometimes , therefore , to find an alternate solution , this article has been written . This is my personal opinion and you may fully or partially reject it or accept it , depends upon you . Purpose of scribing this article is not to condemn any party or individual . This is written to apprise such a paradoxical situation may arise in elections and whether there is any option available with us to correct it if we want to .