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Democratic Revival an Agenda for Action Presentation to Law Commission of India by Dr. Jayaprakash Narayan Lok Satta / Foundation for Democratic Reforms Flat No. 801 & 806, Srinivasa Towers, Beside ITC Kakatiya Hotel, Begumpet,


  1. Democratic Revival – an Agenda for Action Presentation to Law Commission of India by Dr. Jayaprakash Narayan Lok Satta / Foundation for Democratic Reforms Flat No. 801 & 806, Srinivasa Towers, Beside ITC Kakatiya Hotel, Begumpet, Hyderabad – 500016 Tel: 91-40-23419949; fax: 23419948 email: drjploksatta@gmail.com 1

  2. The purpose of a government is to make it easy for people to do good and difficult to do evil. William Gladstone

  3. Democracy – Myron Weiner’s Four Conditions Democracy – Myron Weiner’s Four Conditions Competitive elections  Political freedoms for all  Peaceful transfer of power and no retribution  Real power with elected governments  3

  4. Distortions of state power Distortions of state power  Positive Power restricted Negative Power unchecked  State organs are dysfunctional  A system of alibis Victims of vicious cycle  Change of players No change in the rules of the game  Political process ought to be the solution But has become the problem itself 4

  5. Indian democracy is a work in progress Indian democracy is a work in progress Policymakers have responded to emerging challenges : • 73 rd , 74 th Amendments – Local Governments(1993) • Voter registration and electoral process reforms (past 15 years) • Mandatory disclosure of candidates antecedents (2003) • Political funding reforms (2003) • Strengthening anti-defection law (2003) • Limiting size of cabinet (2003) • Rajya Sabha elections reforms (2003) Contd… 5

  6. Indian democracy is a work in progress Indian democracy is a work in progress Policymakers have responded to emerging challenges : • Right to Information (2005) • Gram Nyayalayas Act (2009) • 97 th Amendment – Right to form Cooperatives (2012) In the pipeline • Lokpal Bill • Service Guarantee Bill • Judicial Standards & Accountability Bill Under consideration • National Judicial Commission • Indian Judicial Service 6

  7. However, much remains to be done. To understand nature of crisis and resolve it, we need to focus on the initial conditions. 7

  8. The initial conditions… - Elected leaders as ‘monarchs’ • bribes & red-tape - Legislators and party cadre should ‘somehow’ deliver • harassment & delays - No link with taxes - No sense of public money, entitlement to public services influence peddling • • No local leaders or local solutions • Systemic distortions not corrected • Links broken: Taxes↔Services, Vote ↔Public good Authority ↔Accountability • Easy populism & wasteful use • Citizen & public servants roles reversed 8

  9. As a consequence… excessive dependence on elected legislators vote as a lever for getting even the smallest thing done party cadres have to devote vast amount of time at local level great sacrifice expected from legislators and political workers 9

  10. Elected Legislator vote as a lever desperation of citizens • Money for votes • Freebies, sops & doles Burden on legislator & • Divisive politics vast cadre network Even with best efforts, Mounting dissatisfaction only 10% gets done • Mounting corruption • Unsustainable sacrifice • Political recruitments • Ethical politics not from dynasties, corrupt sustainable money bags Good people marginalized in politics 10

  11. Drawbacks of First-Past-The-Post (FPTP) System Drawbacks of First-Past-The-Post (FPTP) System

  12. Most election expenditure is to buy votes Most election expenditure is to buy votes Increased voter Voter seeks cynicism money & liquor Increased Increased election corruption by the expenditure elected Not spending large amounts almost guarantees 12 defeat

  13. Consequences of Marginal Vote Consequences of Marginal Vote Decline of National Parties Rise of Sectarian Parties Corruption Vote Buying Marginal Vote Reckless Populism Fiscal Imbalance at the cost of Nation Building 13

  14. BJP & Congress do not matter … in more than half of India … in more than half of India Lok Sabha - Big 6 States 0% 0% Total Seats in : 543 Lok Sabha Halfway Mark : 272 ------------------------------------- 'Big 6' States : 291 Lok Sabha Seats -------------------------------------- Uttar Pradesh - 80 Seats Remaining States Both Congress and Maharashtra - 48 Seats sending 252 MPs BJP are not major West Bengal - 42 Seats players in ‘Big 6’ Andhra Pradesh - 42 Seats States sending 291 Bihar - 40 Seats MPs* Tamil Nadu - 39 Seats 14 * AP included as Congress could not win a single seat in any of the by-elections since 2009

  15. Falling vote share of Congress since 1989 … Falling vote share of Congress since 1989 … Declining vote share across major states (Lok Sabha Elections) 60 50 Andhra Pradesh Tamil Nadu 40 Vote Share Bihar 30 Maharashtra 20 West Bengal Uttar Pradesh 10 0 1989 1991 1996 1998 1999 2004 2009 Years 15

  16. … Consequent decline in share of seats for Congress … Consequent decline in share of seats for Congress Declining seat share across major states (Lok Sabha Elections) 100 80 Andhra Pradesh Tamil Nadu Seat Share 60 Bihar Maharashtra 40 West Bengal Uttar Pradesh 20 0 1989 1991 1996 1998 1999 2004 2009 Years Note: Only in UP & Bihar do seats and votes reflect Congress’ own strength; in other states alliances have given Congress better results. 16 Also, Congress could not win a single seat in AP in any of the by-elections since 2009

  17. Falling vote share of BJP in the major states since 1989 … Falling vote share of BJP in the major states since 1989 … Vote share of BJP across major states (Lok Sabha Elections) 40 35 Andhra Pradesh 30 Bihar 25 Vote Share Tamil Nadu 20 West Bengal 15 Uttar Pradesh 10 Maharashtra 5 0 1989 1991 1996 1998 1999 2004 2009 Years 17

  18. … Consequent decline in share of seats for BJP … Consequent decline in share of seats for BJP Seat share of BJP across major states (Lok Sabha Elections) 80 70 Andhra Pradesh 60 Seat share Bihar 50 Tamil Nadu 40 West Bengal 30 Uttar Pradesh Maharashtra 20 10 0 1989 1991 1996 1998 1999 2004 2009 Years Note : In Bihar and Maharashtra BJP is in alliance with regional parties 18

  19. Vote Share - Seat share disproportionality Vote Share - Seat share disproportionality Experience from Uttar Pradesh Assembly Elections SAMAJWADI PARTY (SP) INDIAN NATIONAL CONGRESS (INC) Actual Actual Vote Seat Vote Seat Year number of Year number of share % share % share % share % seats seats 25.43 24.07 97 2007 8.61 5.46 22 2007 29.13 55.58 224 2012 11.65 6.95 28 2012 Gain in vote share and seats Between 2007 and 2012 Gain in Gain in Party Vote share Seats SP +3.70% +127 Seats (31.51%) INC +3.04% +6 Seats (1.49%) 19

  20. SP vs. Cong in Uttar Pradesh: SP vs. Cong in Uttar Pradesh: Similar gain in vote share … but huge difference in seats gained Similar gain in vote share … but huge difference in seats gained Difference in Vote Share between Difference in Seats gained 2007 and 2012 Assembly Elections 4.00 140 Difference in vote share gained … but SP gained 127 seats +3.70 % 3.50 Vote Share gained between 2007-2012 by SP and INC is only 0.66% … - INC gained only 6 seats 120 Seats gained between 2007-2012 127 3.00 +3.04 % 100 2.50 80 2.00 60 1.50 40 1.00 0.50 20 6 0.00 0 SP INC SP INC 20

  21. Best & brightest are unelectable in FPTP Best & brightest are unelectable in FPTP • In most major states, it costs Rs. 2-6 crores to seriously compete to be an MLA & Rs.10 crores or more to be MP • Most money is for vote-buying and has to involve law-breaking and black money • Big money, muscle power and criminal nexus, caste base and entrenched personal following are often prerequisite for electoral success • Absence of internal democracy in parties, and weak local governments make it even harder for enlightened citizens to participate in politics 21

  22. Populism and Fiscal Imbalances Populism and Fiscal Imbalances • Reckless populism to gain marginal vote hurting the exchequer • Fiscal deficits are not under control • Skewed priorities – populist schemes instead of education, healthcare and infrastructure 22

  23. Parties are in decline Parties are in decline Parties often at the mercy of local strong men… • with abnormal money power, patronage networks and caste connections • built impregnable modern fiefdoms without legitimate democratic mandate… operating entirely outside party • weaken the party when they switch sides 23

  24. Politics at the cost of nation-building Politics at the cost of nation-building • Parties, in the quest for marginal vote, are compelled to offer short-term freebies • This is often resulting in competitive populism and serious fiscal deficits • Even major parties behave differently while in power and opposition. Instability is the consequences; and national interest is the casualty. ex: Petrol price hike, FDI, nuclear agreement • Even when parties know the consequences, they are helpless; a slight fall in vote share eliminates them from the race to power • Much of this problem is because of parties’ fear of losing marginal vote 24

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