Author: B2B

The Union Ministry of Panchayati Raj (MoPR) was established on 27 May 2004 to specifically look after the implementation of the provisions of the CAA and speed up the process of devolution to PRIs.

The Ministry has carried out various capacity-building programmes, conducted research and evaluations, and instituted reward schemes to promote devolution.

It has also organised ministerial and lower-level conferences to cajole state governments towards more devolution. Among these efforts, let us draw a roadmap for improving the performance of PRI’s in the country.

Some of the important aspects of this roadmap have been mentioned below:

1. Finances: Share of transfer to PRIs from the state government as untied grants should be increased and panchayats should be given the explicit right to levy and collect taxes in order to reduce their dependence on state and central governments.

• This devolution of funds should be linked with performance. In this regard let us also explore the importance and the idea of PEAIS or The Panchayat Empowerment and Accountability Incentive Scheme. This scheme has been designed to incentivize the states to empower panchayats and to put in place systems for bringing about transparency and accountability of PRIs.
• The performance of various states in this realm is measured through a Devolution Index (DI). Token awards are given to states in case they rank high on the Devolution Index.
• Besides, evaluation of states under PEAIS is based on two stage assessment.
• The first stage, called the Framework Criteria was based on the following four fundamental constitutional requirements i. Establishment of State Election Commission ii. Holding elections to the PRIs iii. Setting up of the SFCs iv. Formation of DPCs or District Planning Committees.
• States that fulfill these requirements become eligible for evaluation in terms of Devolution Index. Thus the indicators for DI help in assessing the state of devolution in respect of 3 Fs (Functions, Functionaries and Funds). However, DIs developed for PEAIS so far do not reflect the degree of Panchayat accountability and performance.

2.  Empowerment:Progressive devolution 3Fs to PRIs should be ensured. Reservation for women in the PRIs should be enhanced; PESA should be effectively implemented.

3. Accountability:The report recommends that the Gram Sabha should be given effective control over all the local institutions and functionaries and it should be empowered to approve all the plans, works, beneficiaries and utilization certificates. Moreover, the social audit should be mandated to the Gram Sabha for all major schemes. And Panchayat’s accounts, plans etc. should be put on-line in the public domain. The ministry hopes that the PRI regime will be provided a centre-stage in the developmental process during the 12th Plan period.

4. E-governance: Operationalizing e-Panchayat in a mission mode should be undertaken on a priority basis; ICT infrastructure and manpower should be provided to all Gram Panchayats, which should be connected to broadband; and other measures should be taken for penetrating e-governance system at the lowest level.

5. Decentralized Planning: Integrated bottom-up participatory plans should be implemented; sectoral plans should be integrated with district plans; technical and professional assistance should be provided for decentralized planning; appropriate training and capacity building of PRI representatives and functionaries should be undertaken.

Unscientific distribution of functions

The Panchayati Raj scheme is defective in so far as the distribution of functions between the structures at different levels has not been made along scientific lines.

The blending of development and local self-government functions has significantly curtailed the autonomy of the local self-government institutions. Again it has virtually converted them into governmental agencies. Even the functions assigned to the Panchayat and the Panchayat Samiti overlap, leading to confusion, duplication of efforts and shifting of responsibility.

Incompatible relation between the three-tiers

The three-tiers do not operate as functional authorities. The tendency on the part of the higher structure to treat the lower structure as its subordinate is markedly visible.

M.P. Sharma rightly observes the hierarchical domination and predominance, “fitters down step by step from Zila Parishads to Panchayat Samitis and from them to the Village Panchayats” Needless to state that this kind of mutual relationship is not in coherence with the genuine spirit of democratic decentralization.

Inadequate finances

The inadequacy of funds has also stood in the way of successful working of the Panchayati Raj. The Panchayati Raj bodies have limited powers in respect of imposing cesses and taxes. They have very little funds doled out to them by the State Government. Further, they are generally reluctant to raise necessary funds due to the fear of losing popularity with the masses.

Lack of cordial relations between officials and people

Introduction of the Panchayati Raj aimed at securing effective participation of the people. But in reality this hardly happens since the key administrative and technical positions are manned by the government officials. Generally there is lack of proper cooperation and coordination between the people and the officials like Block Development Officers, the District Officers etc. Again the officers fail to discharge the developmental duties more efficiently and sincerely.

Lack of conceptual clarity

There is lack of clarity in regard to the concept of Panchayati Raj itself and the objectives for which it stands. Some would treat it just as an administrative agency while some others look upon it as an extension of democracy at the grass roots level, and a few others consider it a charter of rural local government. What is all the more intriguing is the fact that all these conceptual images could co-exist simultaneously tending to militate against each other every now and then.

Undemocratic composition of various Panchayati Raj institutions

Various Panchayati Raj Institutions are constituted setting aside democratic norms and principles. The indirect election of most of the members to Panchayat Samiti only increases the possibility of corruption and bribery. Even the Zila Parishad consists of mainly ex-officio members. They are, for the most part, government officials. This negates sound democratic principles.

Disillusionment on structural-functional front

The performance of Panchayati Raj Institutions has been badly affected by political cum caste factionalism, rendering developmental projects into an illusion or dream. Corruption, inefficiency, scant regard for procedures, political interference in day to day administration, parochial loyalties, motivated actions, power concentration instead of true service mentality- all these have stood in the way of the success of Panchayati Raj.

Furthermore, the power to supersede the local bodies on the part of the State Government clearly violates the spirit of democratic decentralization.

Administrative Problem

The Panchayati Raj bodies experience several administrative problems like tendency towards politicization of the local administration, lack of co-ordination between the popular and bureaucratic elements, lack of proper incentives and promotion opportunities for administrative personnel and apathetic attitude of the government servants towards development programmes etc.

These administrative problems are again a major bar in the efficient and smooth functioning of Panchayati Raj.

Politicization of PRIs

It is being increasingly noticed that the Panchayati Raj Institutions are viewed only as organisational arms of political parties, especially of the ruling party in the state. The State Government, in most states, allows the Panchayati Raj Institutions to function only upon expediency rather than any commitment to the philosophy of democratic decentralisation.

Sources of Income of Panchayats

Panchayats can discharge their functions efficiently only if they have sufficient financial resources.

For resources, Panchayats depend mainly on grants from State Government. They also have taxation powers and have some income from owned or vested assets.

They may get a share in the taxes, duties, tolls and fees that are levied and collected by the State Government. Let us now see what financial resources Panchayats have, to perform their functions.

1. Gram Panchayat: In most States the power of levying taxes is vested in Gram Panchayats. House tax, tax on cattle, immovable property, commercial crops, drainage tax, sanitation fee, tax on produce sold in the village, a fee for supply of water to households, lighting tax are some of the taxes and fees levied by Panchayats. Panchayats can also levy entertainment tax on temporarily stationed theatres, taxes on animals and non-mechanically propelled vehicles. Gram Panchayats also receive funds as income from property owned by them as common grounds, jungles, cattle ground etc. The sales proceeds of dung refuse and carcasses (dead bodies of animals) are also retained by Gram Panchayats. They also receive their share in land revenue from the State.
2. Panchayat Samiti: Panchayat Samitis can impose tax on facilities provided by them as water for drinking or irrigation purposes, lighting arrangements, tolls for bridges maintained by them. The property of Panchayat Samitis includes public buildings, public roads constructed or maintained out of their funds and all land or other property transferred to them by the  Panchayats receive income from the property vested in them. They also receive grants from the State Governments. Funds are transferred by Zila Panchayats or State Governments along with schemes to be implemented by the intermediate institutions of Panchayati Raj.
3. Zila Parishad: Zila Parishads are also authorized to impose taxes. They may impose taxes on persons carrying on business in rural areas for six months, taxes on brokers, commission agents in markets established by them, also the tax on the sale of goods in these markets. Tax on land revenue can also be imposed by Zila Parishads. When development schemes are entrusted to them, necessary funds are also provided. They also receive grants from the State, donations from charitable institutions, and may also raise loans.

Problems with Finances of Panchayats

Across the country, States have not given adequate attention to fiscal empowerment of the Panchayats. Some of the issues associated with their finances are discussed below:

1. Heavy dependence on upper tiers of government: Panchayats are heavily dependent on government grant and internal resource generation at the panchayat level is weak. This is partly due to a thin tax domain and partly due to Panchayats’ own reluctance in collecting revenue.
2. Inflexibility of funds: A major portion of the grants both from Union as well as the State Governments is scheme specific and panchayats have limited discretion and flexibility in incurring expenditures in such schemes
3. Responsibilities do not match finances: In view of their own tight fiscal position, State Governments are not keen to devolve funds to panchayats. In most of the critical Eleventh Schedule matters like primary education, healthcare, water supply, sanitation and minor irrigation even now, it is the State Government which is directly responsible for implementation of these programmes and hence expenditure. Overall, a situation has been created where panchayats have responsibility but grossly inadequate resources.

Way ahead with Finances

1. Explore additional sources: In order to widen their tax base the PRIs will need to explore additional sources of revenue. Rural bodies need to look beyond the traditional areas of lands and buildings and augment their resources by operating in newly emerging sectors through innovative tax/non-tax measures e.g. fee on tourist vehicles, special amenities, restaurant, theatre, cyber café etc.
2. Incentivising Better Performance: The Ministry of Panchayati Raj has evolved a Panchayats Empowerment and Accountability Fund (PEAF) to incentivize both empowerments of the Panchayats by the States, on the one hand, and accountability on the part of the Panchayats to Gram/Ward Sabhas on the other.
3. Royalty from minerals: The role of State Governments should be limited to prescribing a band of rates for these taxes and levies. g. PRIs should be given a substantial share in the royalty from minerals collected by the State Government. This aspect should be considered by the SFCs while recommending grants to the PRIs.
4. Primary authority over taxation: In the tax domain assigned to PRIs, Village Panchayats must have primary authority over taxation. However, where such taxation has inter- Panchayat ramifications, the local government institutions at higher levels – Intermediate Panchayat and Zila Parishad could be given concurrent powers subject to a ceiling. Whenever a tax/fee is imposed by the higher tier, such taxes should be collected by the concerned Village Panchayats.

The Spirit of Republicanism is a prominent theme of the Swiss Constitution.

Another important feature of the Constitution is its federal features.

Switzerland is known for its direct democracy. It is hailed as a Dynamic Constitution (features like protection of individual, welfare state et al)

Comparison scheme w.r.t Indian Constitution

Institutions for Direct Democracy

1. Referendum: It means referring bills for ratification to the people. It is not similar to plebiscite. Plebiscite means taking the opinion of the people on any issue.
2. Initiative: It is a bill initiated by the people and people conveying it to the assembly.
3. Recall: It means calling the representative back at any point of time, if voters are not satisfied by his work.

Australia’s system of government is founded in the liberal democratic tradition.

Based on the values of religious tolerance, freedom of speech and association, and the rule of law, Australia’s institutions and practices of government reflect British and North American models. At the same time, they are uniquely Australian.

Australian federation is modeled on the US federation. For example, residuary powers are with the states, Governors of the states are elected by the people and formally appointed by the British Queen.

In Australia, there has been a growth of Cooperative Federalism.

Salient Features

• Form of Government

One of the oldest continuous democracies in the world, the Commonwealth of Australia was created in 1901, when the former British colonies—now the six states—agreed to federate. The democratic practices and principles that shaped the pre-federation colonial Parliaments (such as ‘one man, one vote’ and women’s suffrage) were adopted by Australia’s first federal government.

The Australian Constitution sets out the powers of government in three separate chapters—the legislature, the executive and the judiciary—but insists that members of the legislature must also be members of the executive. In practice, Parliament delegates wide regulatory powers to the executive.

The popularly elected Parliament consists of two chambers: the House of Representatives and the Senate. Ministers appointed from these Chambers conduct executive government, and policy decisions are made in Cabinet meetings.

Apart from the announcement of decisions, Cabinet discussions are not disclosed. Ministers are bound by the principle of Cabinet solidarity, which closely mirrors the British model of Cabinet government responsible to the Parliament.

Although, Australia is an independent nation, Queen Elizabeth II of Great Britain is also formally the Queen of Australia. The Queen appoints a Governor-General (on the advice of the elected Australian Government) to represent her. The Governor-General has wide powers, but by convention acts only on the advice of the ministers on virtually all matters.

• Nature of the Constitution

Like the United States, Australia has a written constitution. The Australian Constitution defines the responsibilities of the federal government, which include foreign relations, trade, defence and immigration.

Governments of the States and territories are responsible for all matters not assigned to the Commonwealth, and they too adhere to the principles of responsible government. In the States, the Queen is represented by a Governor for each State.

The High Court of Australia arbitrates on disputes between the Commonwealth and the states. Many of the court’s decisions have expanded the constitutional powers and responsibilities of the federal government.

• Procedure of Amendment

The Australian Constitution can be amended only with the approval of the electorate through a national referendum in which all adults on the electoral roll must participate. A bill containing the amendment must first be passed by both houses of Parliament, or, in certain limited circumstances, by only one House of Parliament.

Any constitutional change must be approved by a double majority—a national majority of electors as well as a majority of electors in a majority of the states (at least four of the six). Where any state or states are particularly affected by the subject of the referendum, a majority of voters in those states must also agree to the change. This is often referred to as the ‘triple majority’ rule.

The double majority provision makes alterations to the Constitution difficult. Since federation in 1901, only eight out of 44 proposals to amend the Constitution have been approved. Voters are generally reluctant to support what they perceive as increases in the power of the federal government. States and territories may also hold referendums.

Parliament

The government is formed in the House of Representatives by the party able to command a majority in that chamber. Minority parties often hold the balance of power in the Senate, which serves as a chamber of review for the decisions of the government. Senators are elected for six-year terms, and in an ordinary general election only half the senators face the voters.

In the Australian Parliament, questions can be asked without notice, and there is a strict alternation between Government and Opposition questions to ministers during the Question Time. The Opposition uses its questions to pursue the government. Government members give ministers a chance to put government policies and actions in a favourable light, or to pursue the Opposition.

Anything said in the Parliament can be reported fairly and accurately without fear of a suit for defamation. The rough-and-tumble of Parliamentary Question Time and debates is broadcast and widely reported. This has helped in establishing Australia’s reputation for robust public debate, and serves as an informal check on the executive power.

• Nature of Elections

A national general election must be held within three years of the first meeting of a new federal Parliament. The average life of Parliaments is about two-and-a-half years. In practice, general elections are held when the Governor-General agrees to a request from the Prime Minister, who selects the date of the election. The governing party has changed almost every five years on an average, since federation in 1901. The Liberal Party led a coalition with the longest hold on government—23 years—from 1949 to 1972. Prior to World War II, several governments lasted less than a year, but since 1945 there have been only seven changes in the government.

• Voting

For all citizens over the age of 18 it is compulsory to vote in the election of both federal and state governments, and failure to do so may result in fine or prosecution.

Relations between Levels of Government

State parliaments are subject to the national Constitution as well as their state constitutions. A federal law overrides any state law not consistent with it.

In practice, the two levels of government cooperate in many areas where states and territories are formally responsible, such as education, transport, health and law enforcement.

Income tax is levied federally, and debate between the levels of governments about access to revenue and duplication of expenditure functions is a perennial feature of Australian politics. Local government bodies are created by legislation at the state and territory level.

The Council of Australian Governments (COAG) is a forum to initiate, develop and implement national policy reforms requiring cooperative action between the three levels of government: national, state or territory, and local.

COAG comprises the Prime minister, State Premiers, Chief Ministers of the territories, and the President of the Australian Local Government Association.

Its objectives include dealing with major issues by cooperating on structural reform of government and on reforms to achieve an integrated, efficient national economy and a single national market.

In addition, Ministerial Councils (comprising national, state and territory ministers, and, where relevant, representatives of local government and of the governments of New Zealand and Papua New Guinea) meet regularly to develop and implement inter-governmental action in specific policy areas.

The Canadian Constitution encompasses a wide set of principles and values that govern key political relations in the Canadian society.

Salient Features

• Constitutional Monarchy

1. It is the central component of Canada’s constitutional framework.
2. The Constitution Act, 1867 states that executive government and authority in Canada is vested in the Canadian Monarchy (which Canada shares with Great Britain and some other former British colonies).
3. The British Queen is the formal head of the state. The Act further provides for the offices of the Governor General of Canada (at the federal level) and Lieutenant Governors (at the provincial level), recognized as the Monarch’s representatives in Canada.

It is important to note, however, that while the written constitution explicitly places executive authority in the hands of the Monarch and his/her representatives, the unwritten constitutional convention holds that this authority is actually exercised by the Prime Minister and his/her Cabinet.

Parliamentary Government

The Canadian Constitution also provides for a Parliamentary system of government. Features of Parliamentary Government as given in Constitution Act, 1867:

1. The Act established a federal Parliament, consisting of the Monarchy and two legislative chambers, the House of Commons (or Lower House) and the Senate (or Upper House).
2. The Act further states that the powers and authority of these legislative chambers are to be modeled upon those found in the British Parliament.

Further, the Act also established legislative chambers at the provincial level.

In addition to the written provisions of the Act, there also exist several unwritten constitution conventions that are fundamental to the operation of Canada’s parliamentary system.

These include executive dominance by the Prime Minister and the Cabinet (at the federal level) and by the Premier and the Cabinet (at the provincial level), as well as the practice of responsible government.

• The House of Commons

In the Canadian political system, the lower chamber is the House of Commons, which takes its name from the lower house in the British political system. The Commons consists of 308 members known as – like their British counterparts – Members of Parliament (MPs).

• Manner of Election

Members are elected by the first-past-the-post system (as in Britain) in each of the country’s electoral districts, which are colloquially known as ridings (known as ‘constituencies’ in Britain). Seats in the House of Commons are distributed roughly in proportion to the population of each province and territory, but some ridings are more populous than others and the Canadian constitution contains some special provisions regarding provincial representation.

• Term and Tenure

The maximum term of MPs is four years, but it is common for a general election to be called earlier.

• Powers

As in the British political model, the House of Commons is much the more powerful of the two chambers. Although all legislation has to be approved by both chambers, in practice the will of the elected House usually prevails over that of the appointed Senate. The processes and conventions of the Commons reflect very much those of its British namesake.

• The Senate

In the Canadian political system, the upper chamber is the Senate, which takes its name from the upper house in the American political system. The Senate consists of 105 members, appointed by the Governor-General on the advice of the Prime Minister. Seats are assigned on a regional basis, with each of the four major regions receiving 24 seats, and the remaining nine seats being assigned to smaller regions.

Federalism

The Constitution also provides for a federal system in Canada, meaning there are two key levels of government: the federal (or national) government and the provincial (or regional) governments. Canada is a federation with a strong Centre, wherein residuary powers lie with the Centre.

The Constitution Act, 1867 outlines specific powers and jurisdictions for each of these levels of government, such as what public policy fields each may legislate in, as well as how each level of the government may raise revenue. Over the years, these constitutional provisions have been further clarified and evolved by judicial decisions (first by the British Judicial Committee of the Privy Council, and later by the Supreme Court of Canada).

Changes in the nature of Canadian Federalism

There have also been several constitutional amendments that have had significant consequences for Canada’s federal system. Over the years there has been a shift towards giving greater powers to the states. For example, the Constitution Act, 1930, transferred ownership of natural resources in Western Canada from the federal government to the Western provinces. Another significant amendment was the Constitution Act, 1982, which committed the federal government and provinces to ensuring some level of economic and social equality between Canadian regions. This, in turn, has led to the development of the Equalization Program and the sharing of public funds between governments.

Judiciary

The Supreme Court of Canada is the highest court and final authority on civil, criminal and constitutional matters.

The court’s nine members are appointed by the Governor-General on the advice of the Prime Minister and the Minister of Justice. They serve until the age of 75. Each province operates its own individual court system. The country’s legal system is based mainly on English common law, but in the province of Québec, it is

Each province operates its own individual court system. The country’s legal system is based mainly on English common law, but in the province of Québec, it is modeled on French civil law.

Rights

The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada, which forms the first part of the Constitution Act, 1982.

The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada.

The Charter applies to government laws and actions (including the laws and actions of federal, provincial, and municipal governments and public school boards), and sometimes to the common law, but not to private activity.

The courts, when confronted with violations of Charter rights, have struck down as unconstitutional, federal and provincial statutes and regulations in whole or in part.

Japan has a Parliamentary system of Government.

It has a constitutional Monarchy. King is more like a ‘Rubber stamp’ authority while PM is head of the Cabinet.

Election of the PM

PM is elected by both the Houses of Japanese Parliament (called Diet)

1. The two houses of the Diet are:

• House of Representatives; and
• House of Councillors

It is not enough for a person to be a leader of the majority party.

He has to be elected by both the houses of the Parliament. If no agreement is reached upon between the two houses on a candidate, then the matter is taken care of by a Joint Committee of both the houses.

The Committee gets 10 days to arrive at a decision. After 10 days, if an agreement cannot be reached, then the will of the lower house prevails.

A significant feature of Japanese Constitution is contained in Article 9.

Herein, Japan formally renounces the policy of war for the settlement of international disputes. However, it can keep forces for self-defence.

Germany is a federation and the residuary powers in Germany lie with the states. The states are referred to as ‘Landers’.

It has a Parliamentary form of Government, modeled on the British Parliamentary form. But it is not just a replicate of the system.

Germany is called as ‘Chancellor’s Democracy’. Chancellor is the PM.

President is the Constitutional Head.

Salient Features

• Chancellor’s Democracy

1. The Chancellor has a clear-cut superiority over other Ministers.
2. Chancellor Principle: Chancellor has a privilege to determine the broad policy and other ministers are expected to act as per these guidelines. While a minister works under these guidelines, he enjoys a lot of autonomy with respect to his department. This mechanism ensures the stability of the coalition government.

• Cabinet Principle

It comes into existence only when there is a dispute among different departments. In such a situation decision is taken collectively.

• Constructive Vote of No-Confidence

The motion of no-confidence against the Chancellor is permitted only when those bringing the notion can prove that they are in a position to form an alternative government. This is also to deal with the problems of Hung Assembly (Coalition Government).

Parliament

Germany has two houses:

1. The Bundestag: The lower house in the German political system is the Bundestag. Its members are elected for a four-year term. The method of election is known as Mixed Member Proportional Representation (MMPR), a more complicated system than First-Past-The-Post (FPTP), but one which gives a more proportional result (a variant of this system known as the additional member system is used for the Scottish Parliament and the Welsh Assembly).

Manner of Elections

Half of the members of the Bundestag are elected directly from 299 constituencies using the first-past the post method of election. The other half – another 299 – are elected from the list of the parties on the basis of each Land (the 16 regions that make up Germany). This means that each voter has two votes in the elections to the Bundestag:

1. The first vote allows voters to elect their local representatives to the Parliament and decides which candidates are sent to Parliament from the constituencies.
2. The second vote is cast for a party list and it is this second vote that determines the relative strengths of the parties represented in the Bundestag.

The 598 seats are only distributed among the parties that have gained more than 5% of the second votes or at least 3 direct mandates. Each of these parties is allocated seats in the Bundestag in proportion to the number of votes it has received.

Reason behind adopting the above Election System

This system is designed to block membership of the Bundestag to small, extremist parties. As a consequence, there are always a small number of parties with representation in the Bundestag.

Overhang Seat

In addition to the above, there are certain circumstances in which some candidates win what is known as an ‘Overhang Seat’, when the seats are being distributed. This situation occurs if a party has gained more direct mandates in a Land than it is entitled to, according to the results of the second vote, when it does not forfeit these mandates because all directly elected candidates are guaranteed a seat in the Bundestag.

Comparative analysis of Bundestag

One striking difference when comparing the Bundestag with the American Congress or the British House of Commons is the lack of time spent on serving constituents in Germany. This is so because:

1. Only 50% of Bundestag members are directly elected to represent a specific geographical district.
2. A serving constituency seems not to be perceived, either by the electorate or by the representatives, as a critical function of the legislator.

• There is also a practical constraint on the expansion of constituent service in the form of a limited personal staff of Bundestag members (especially compared to members of the US Congress).

The Bundesrat

The upper house in the German political system is the Bundesrat. At a first glance, the composition of the Bundesrat looks similar to other upper houses in federal states such as the US Congress, since the Bundestag is a body representing all the German Lander (or regional states).

However, there are two fundamental differences in the German system:

1. Its members are not elected (neither by popular vote nor by the State Parliaments). They are members of the State Cabinets, which appoint them and can remove them at any time. Normally, a state delegation is headed by the head of government in the Land, known in Germany as the Minister- President.
2. The States are not represented by an equal number of delegates, since the population of the respective state is a major factor in the allocation of votes (rather than delegates) to each particular Land. The vote allocation can be approximated as 2.01 + the square root of the Land’s population in millions with the additional limit of a maximum of six votes so that it is consistent with something called the Penrose method based on game theory. This means that the 16 states have between three and six delegates.

This unusual method of the composition provides for a total of 69 votes (not seats) in the Bundesrat. The State Cabinet may then appoint as many delegates as the state has voted, but is under no obligation to do so; it can restrict the state delegation even to one single delegate.

The number of members or delegates representing a particular Land does not matter formally since, in stark contrast to many other legislative bodies, the delegates to the Bundesrat from any one state are required to cast the votes of the state as a bloc (since the votes are not those of the respective delegate).

This means that in practice it is possible (and quite customary) that only one of the delegates (the Stimmführer or “leader of the votes” – normally the Minister-President) casts all the votes of the respective state, even if the other members of the delegation are present in the chamber.

Even with a full delegate appointment of 69, the Bundesrat is a much smaller body than the Bundestag with over 600 members. It is unusual for the two chambers of a bicameral system to be quite so unequal in size. But the Bundesrat has the power to veto a legislation that affects the powers of the states.