Subject: Federal System

The Supreme Court has said that Parliament may not be able to effectively debate the issue of doing away with “irrational freebies” offered to voters during elections, saying the “reality” is that not a single political party wants to take away freebies.

Why in news?

• The freebies were paving the way for an “economic disaster” besides “distorting the informed decision of voters”, CJI said.

What did the CJI say?

Ans. Compose a non-partisan panel

• The court suggested setting up a specialized body composed of persons who can “dispassionately” examine the problem.
• The court directed the parties to make “suggestions for the composition of a body”.
• It proposed that this body could examine ways to resolve the issue of freebies and file a report before the Centre or the Election Commission of India (ECI).
• The court said once the parties come up with suggestions on the composition of such a body in a week, it would pass orders.

What is Freebie?

• The term Freebies is not new; rather it is a prevalent culture in Indian politics (in the name of socialism).
• The political parties are always trying to outdo each other in luring the Indian voters with assorted freebies.
• From free water to free smartphones the Indian politicians promise everything to attract prospective voters in favour.
• This trend has gained more momentum in the recent times with the political parties being innovative in their offerings as the ‘traditional free water and electricity’ is no longer sufficient as election goodies.

Examples of freebies

1. Promise of Rs 15 lakh in our bank accounts
2. Free TV, Laptops
3. Free electricity
4. Loan waivers
5. Offering free public transport ride to all women in Delhi

Why are such policies popular among the public?

• Failure of economic policies: The answer lies in the utter failure of our economic policies to create decent livelihood for a vast majority of Indians.
• Quest for decent livelihood: The already low income had to be reoriented towards spending a disproportionately higher amount on education and health, from which, the state increasingly withdrew.
• Prevailing unemployment:  Employment surveys have shown that employment growth initially slowed down from the 1990s, and then has turned negative over the past few years.
• Increased cost of living: Real income growth of the marginal sections has actually slowed down since 1991 reforms.
• Increased consumerism: The poor today also spend on things that appear to be luxuries; cellphones and data-packs are two such examples which are shown as signs of India’s increased affluence.
• Necessity: For migrant workers, the mobile phone helps them keep in touch with their families back home, or do a quick video-call to see how their infant is learning to sit up or crawl.

Can Freebies be compared with Welfare Politics?

• These freebies are not bad. It is a part of social welfare.
• Using freebies to lure voters is not good.
• Voter’s greediness may lead to a problem in choosing a good leader.
• When we don’t have a good leader then democracy will be a mockery.

Impact of such policies

• Never ending trail: The continuity of freebies is another major disadvantage as parties keep on coming up with lucrative offers to lure more number of votes to minimize the risk of losing in the elections.
• Burden on exchequer: People forget that such benefits are been given at the cost of exchequer and from the tax paid.
• Ultimate loss of poors: The politicians and middlemen wipe away the benefits and the poor have to suffer as they are deprived from their share of benefits which was to be achieved out of the money.
• Inflationary practice: Such distribution freebie commodity largely disrupts demand-supply dynamics.
• Lethargy in population: Freebies actually have the tendency to turn the nation’s population into: Lethargy and devoid of entrepreneurship.
• Money becomes only remedy: Everyone at the slightest sign of distress starts demanding some kind of freebies from the Govt.
• Popular politics: This is psychology driving sections of the population expecting and the government promptly responds with immediate monetary relief or compensation.

What cannot be accounted to a freebie?

• MGNREGA scheme (rural employment guarantee scheme)
• Right to Education (RTE)
• Food Security through fair price shops ( under National Food Security Act)
• Prime Minister Kisan Samman Yojana (PM-KISAN)

Arguments in favour

• Social investment: Aid to the poor is seen as a wasteful expenditure. But low interest rates for corporates to get cheap loans or the ‘sop’ of cutting corporate taxes are never criticized.
• Socialistic policy: This attitude comes from decades of operating within the dominant discourse of market capitalism.
• Election manifesto: Proponents of such policies would argue that poll promises are essential for voters to know what the party would do if it comes to power and have the chance to weigh options.
• Welfare: Economists opine that as long as any State has the capacity and ability to finance freebies then its fine; if not then freebies are the burden on economy.
• Other wasteful expenditure: When the Centre gives incentives like free land to big companies and announce multi-year tax holidays, questions are not asked as to where the money will come from.

A rational analysis of freebies

• Winning election and good governance are two different things. The role of freebies to avail good governance is definitely questionable.
• The social, political and economic consequences of freebies are very short-lived in nature.
• There are many freebies and subsidies schemes available in many States but we still find starvation deaths, lack of electricity, poor education and health service.
• Hence the sorrow of the masses of India cannot be solved by freebies or by incentives.

So are not freebies meant only to attract voters and swing voters by concentrating on a preferential group or community?

Way forward

• It can be agreed that democracy requires popular support for its rule to continue. The sops and freebies to the poor buy it the requisite votes.
• But the democratic process of election and election promises should be clear. It should not control voters thought.
• What some people term as ‘populism’ actually constitutes what real economics should be.
• If you deprive people of what they really need, you will have to throw allurements at them.
• This can only be stopped if political masters try to follow what economist EA Schumacher had conveyed through his seminal work Small is beautiful – “Treat economics as if people matter.”

 

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The issue of holding simultaneous Lok Sabha and Assembly elections had been referred to the Law Commission for a practicable road map and a framework can be worked out, the Union Law Minister informed the Lok Sabha.

What are simultaneous polls?

• Currently, elections to the state assemblies and the Lok Sabha are held separately — that is whenever the incumbent government’s five-year term ends or whenever it is dissolved due to various reasons.
• This applies to both the state legislatures and the Lok Sabha. The terms of Legislative Assemblies and the Lok Sabha may not synchronize with one another.
• For instance, Rajasthan faced elections in late 2018, whereas Tamil Nadu will go to elections only in 2021.
• But the idea of “One Nation, One Election” envisages a system where elections to all states and the Lok Sabha will have to be held simultaneously.

Simultaneous polls in India

• India had concurrent elections for the first two decades.
• Starting from the first general elections of free India in 1951 and the next three cycles of elections, the country witnessed concurrent Lok Sabha and Assembly elections.
• Exceptions to these were a few states like Kerala where a mid-term election was held in 1960 on the premature dissolution of the Assembly.
• In Nagaland and Pondicherry where the Legislative Assembly was created only after the 1962 general elections.

End of the era

• The fourth Lok Sabha constituted in 1967 was dissolved prematurely in 1971 ahead of its normal term resulting in a mid-term Lok Sabha election.
• This was the beginning of the end of simultaneous elections in India.
• Extension of the term of Lok Sabha during the National Emergency declared in 1975 and the dissolution of Assemblies of some States after the 1977 Lok Sabha election further disturbed this cycle.
• Currently, there are at least two rounds of Assembly general elections every year.

Making simultaneous elections a reality

• Sections 14 and 15 of the Representation of the People Act, 1951, empower the Election Commission to notify elections any time during the last six months of the term of the House and not earlier than that.
• Therefore, if the terms of the Houses are expiring within a window of three to four months, it would be legally possible to hold elections simultaneously to constitute the new Houses.
• In other words, to contemplate simultaneous elections, we need, as a starting point, a situation where the Lok Sabha and the Legislative Assemblies of all States and UTs have their terms ending together.

Synchronizing the terms of the Houses

• Both the Lok Sabha and Legislative Assemblies (ordinarily) have a term of five years.
• Article 83 of the Constitution provides for the tenure of Lok Sabha. Identical provisions are present in Article 172(1) regarding the term of the Legislative Assemblies.

There is no duplication of work in preparing the electoral rolls for the two elections and hence no extra labor or expenditure is involved on this count.

What is required?

• This necessarily calls for either extending the terms of several of the Houses or curtailing of terms or a combination of both, that too by two to three years in some cases.
• For enabling such curtailing or extension of the term, the relevant Articles of the Constitution mentioned above will have to be suitably amended.

Why Simultaneous Elections?

Two seemingly relevant factors in favor of simultaneous elections, as opposed to separate elections, are:

1. Effort saving: Simultaneous elections reduce labour, time and expenditure in the conduct of elections; and
2. Instances of pause in governance are addressed if elections are conducted in one go instead of staggered elections.

[1] How is effort saving possible?

• Electoral roll: Polling stations for Lok Sabha and Legislative Assembly elections are the same. So is the electoral roll.
• Labour: There is no duplication of work in preparing the electoral rolls for the two elections and hence no extra labour or expenditure is involved on this count.
• Logistics: In the conduct of elections, all logistic arrangements are replicated for the two elections when the same drill can cater to both the elections if held together.
• Security: This will also mean saving in terms of human resources. Another area of saving in simultaneous elections would be in the deployment of the Central Police Force.

[2] Governance pause can be avoided

• Instances of pause in governance is due to the Model Code of Conduct (MCC).
• MCC is a set of behavior guidelines for candidates and political parties that comes into operation from the date election is announced by the Election Commission.
• A crucial part of the MCC is the restrictions on the party in power.  If all elections are held together, the restrictions under MCC will be through in one go.

[3] Help reduce campaign expenses

• Simultaneous elections can bring considerable savings in the election propaganda campaign expenditure for the political parties.
• Given that political funding is a major factor in the increasing menace of corruption, the move to reduce campaign expenditure is a welcome initiative.

[4] Voter turnout

• A nationwide election could push up the voter turnout since a once-in-five-years event is bound to attract more enthusiastic participation across all sections.
• Frequent elections can bring in the election-fatigue factor at least among some sections of electors.
• The simultaneous elections help address the fatigue element and the usually observed urban apathy in voting. Better electors’ participation will further add to the credibility of the election.

Exceptions to this debate: Local Bodies’ Elections

• The local bodies’ elections have not been considered for the analysis here.
• This is for the reason that the elections to local bodies cannot be clubbed with the proposed simultaneous elections for the Lok Sabha.

Why?

• The elections to local bodies are conducted under the superintendence, direction, and control of a different constitutional authority, namely, the respective State Election Commission.
• Holding local bodies’ elections along with the other elections will require the team of the same polling officials to report to and take instructions from two different authorities simultaneously.
• There is a distinct set of polling stations too for local bodies’ elections.
• Further, the litigation forum before which these elections can be challenged is different.

Challenges in ensuring simultaneous elections in India:

[1] Synchronizing the Houses

• Bringing the terms of all the Houses to sync with one another necessarily calls for either extending the terms of several of the Houses or curtailing of terms or a combination of both.
• This may be by two to three years in some cases.
• For this, relevant Articles of the Constitution will have to be suitably amended.

[2] Midterm dissolution cannot be controlled

• Even if the terms of the Houses are in sync as a one-time measure, we will still need an adequate legal safeguard in place to avoid mid-term dissolution and protect the simultaneous elections cycle.
• This can be a tough task in conventionally fragile states with smaller assemblies with coalitions.

[3] EVM related expenses

• One aspect that could offset the savings would be the doubling of expenses on electronic voting machines (EVMs).
• Considering that the incidental recurring expense in the storage and security of the EVMs will also be a considerable amount.
• The overall expenditure in holding elections may not see any substantial dip on account of simultaneous elections.

Arguments against the idea

• National and state issues are different, and holding simultaneous elections is likely to affect the judgment of voters.
• Since elections will be held once in five years, it will reduce the government’s accountability to the people. Repeated elections keep legislators on their toes and increase accountability.
• When an election in a State is postponed until the synchronized phase, President’s rule will have to be imposed in the interim period in that state.
• This will be a blow to democracy and federalism.

Way forward

• We need an adequate legal safeguarding place to avoid mid-term dissolution and protect the simultaneous elections cycle.
• For maintaining the electoral cycle, some countries have legal provisions to the effect that for a ‘no-confidence motion’.
• Their proposed resolution also contains a constructive ‘vote of confidence in an alternative government to continue with the tenure.

 

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The Election Commission has ordered the deletion of 111 registered unrecognized political parties that it found to be “non-existent” and referred three of the parties to the Department of Revenue for legal action for “serious financial impropriety”.

What is the news?

• The Representation of the People Act, 1951 provides ECI to register and de-register the political parties.
• This was the second such action in the recent past against registered parties that have been found violating the RP Act, 1951.

Registering a Political Party

• The registration of all political parties is governed by the provisions of the Representation of the People Act, 1951.
• According to the Election Commission (EC), any party seeking registration has to submit an application to the Commission within a period of 30 days.
• This is done as per guidelines prescribed by the EC in exercise of the powers conferred by Article 324 of the Constitution and Section 29A of the RP Act, 1951.

Note: There is no procedure available for de-registration of dormant political parties.

Process of registration

• The applicant is asked to publish a proposed party name in two national daily newspapers and two local daily newspapers, and provide two days for submitting objections, if any.
• The notice for publication is also displayed on the website of the Election Commission.

Why registering with the EC is important?

• It is not mandatory to register with the Election Commission.
• However, registering as a political party with the EC has its advantage in terms of intending to avail itself of the provisions of the RP Act, 1951.
• The candidates set up by a political party registered with the EC will get preference in the matter of allotment of free symbols vis-à-vis purely independent candidates.
• More importantly, these registered political parties, over course of time, can get recognition as a ‘state party’ or a ‘national party’.

How EC recognizes a political party as a state or national party?

For recognition as a NATIONAL PARTY, the conditions specified are:

1. a 6% vote share in the last Assembly polls in each of any four states, as well as four seats in the last Lok Sabha polls; or
2. 2% of all Lok Sabha seats in the last such election, with MPs elected from at least three states; or
3. recognition as a state party in at least four states.

For recognition as a STATE PARTY, any one of five conditions needs to be satisfied:

1. two seats plus a 6% vote share in the last Assembly election in that state; or
2. one seat plus a 6% vote share in the last Lok Sabha election from that state; or
3. 3% of the total Assembly seats or 3 seats, whichever is more; or
4. one of every 25 Lok Sabha seats (or an equivalent fraction) from a state; or
5. an 8% state-wide vote share in either the last Lok Sabha or the last Assembly polls.

Benefits for recognized parties

• This is subject to the fulfilment of the conditions prescribed by the Commission in the Election Symbols (Reservation and Allotment) Order, 1968.

(a) Reserved Symbol

• If a party is recognised as a ‘state party’, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the state in which it is so recognised. If a party is recognised as a ‘national party’ it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it throughout India.

(b) Proposer for nomination

• Recognised ‘state’ and ‘national’ parties need only one proposer for filing the nomination.

(c) Campaigning benefits

• They are also entitled for two sets of electoral rolls free of cost and broadcast/telecast facilities over state-owned Akashvani/Doordarshan during the general elections.

 

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