In a ground-breaking ruling on February 15, the Supreme Court dealt a decisive blow to the electoral system by striking down the contentious electoral bonds scheme. The court’s decision, based on violations of voters’ right to information as enshrined in Article 19(1)(a) of the Indian constitution, signifies a crucial juncture in the fight for transparency and accountability in Indian elections. Not only did the ruling annul the scheme, but it also mandated an immediate cessation of the sale of electoral bonds.
Chief Justice D.Y. Chandrachud, in the lead opinion, highlighted the detrimental effects of the electoral bonds scheme on political funding accountability. The complete non-disclosure of the funding origins via electoral bonds was identified as a breeding ground for corruption, and the establishment of a quid pro quo culture with the ruling party. The opacity of this system often had far-reaching implications for policy decisions and licensing by corporate entities.
Described as allowing an “unbridled influence of corporates in the electoral process,” the scheme’s allowance of anonymous donations to political parties created a shroud of secrecy around funding sources, undermining the public’s ability to make informed decisions and hold political entities accountable.
Also read: Seven Points That Merit Investigations: The Electoral Bonds Saga Isn’t Over with Data Spilling Out
While the Supreme Court’s decision to strike down the scheme represents a significant stride towards heightened transparency in political funding, it is unlikely to solely eliminate the pervasive issue of monetary influence in elections. Political parties possess a myriad of channels for securing funding, and the discontinuation of the electoral bonds scheme may prompt the exploration of alternative avenues for financial support.
Furthermore, the financial transfers facilitated through electoral bonds during an election year constitute only a fraction of the total estimated election expenses. A study conducted by the Centre for Media (CMS) during the 2019 elections pegged these expenses as high as Rs 60,000 crore. Anticipated spending for the 2024 elections is expected to surpass this figure, taking into account inflation and escalated stakes. Needless to say, it will be a futile attempt to find the needle of transparency in a mountain of cash.
Representative image. Photo: Unsplash
Reshaping power dynamics: The imperative for wide-ranging electoral reforms
Amidst calls for sweeping electoral reforms, the abrogation of the controversial electoral bonds scheme addresses a specific facet of the issue. Yet, the need of the hour extends beyond this singular policy tweak to embracing comprehensive changes. Initiatives like state funding of elections, where the government extends equitable support to all candidates, stand as potent measures to redress the power dynamics and counter the corporate hegemony that pervades elections.
As the Indian electoral apparatus contends with the profound influence of elite-dominated political factions, a stark reality emerges. In a landscape where a handful of privileged entities wield disproportionate power, the interests of the few often take precedence over the collective welfare. These parties, often orchestrated by a narrow coterie of influential figures or business tycoons, perpetuate a system of exclusion and inequality, relegating diverse voices and public concerns to the periphery.
Empowering democracy: The case for direct candidate selection by constituents
Envisioning a transformed democratic future, a compelling strategy emerges amidst the backdrop of entrenched elite influence: the advocacy for direct selection and election of candidates by constituents within each constituency. This progressive approach offers voters the power to select candidates based on merit, integrity, and alignment with local issues, rather than mere party affiliations or elite connections. By mandating that the final list of candidates be endorsed by the electorate, ensuring that parties no longer unilaterally dictate candidate selection, this system promotes a more inclusive and representative democracy.
Central to direct candidate selection’s efficacy is its potential to foster greater accountability among elected representatives. With candidates directly chosen by the people they represent, their mandate derives from grassroots support, not party allegiance, steering elected officials to prioritise constituents’ concerns and aspirations. This alignment is instrumental in shaping policies and decisions that genuinely reflect the needs of the local populace.
Moreover, embracing direct selection and election of candidates serves to erode the grip of political parties on individual representatives. This decentralisation of power dilutes the influence of party elites, curbing their sway in determining policy trajectories and candidate choices. Such a pivot redirects focus from blind party loyalty towards a people-centric paradigm, where constituents’ voices hold greater sway.
A fusion of direct candidate selection by constituents and state funding of election campaigns stands poised to overhaul the electoral landscape, ensuring fairness and integrity in the electoral process.
Strengthening democratic accountability: The impact of the right to recall
The principle of the right to recall an elected representative in case of contravening the constituency’s interests stands as a robust mechanism for bolstering citizen engagement in the electoral construct. By affording constituents the agency to oust an underperforming legislator mid-term, the right to recall epitomises a more direct and participatory form of democracy, empowering voters while ensuring elected representatives remain answerable.
Election Commission of India.
In the knowledge that their actions and decisions are subject to continual scrutiny and potential recall by the electorate, representatives are incentivised to prioritise constituents’ interests above personal motives or party mandates. This embedded accountability mechanism serves as a potent driver for elected officials to remain responsive to the needs and demands of their electorate, fostering a symbiotic relationship between representatives and their constituents.
Moreover, the right to recall engenders a more active role for citizens in the electoral ecosystem. By granting constituents the means to actively shape and monitor the performance of their representatives, this framework cultivates public awareness, accountability, and civic engagement in governance processes, underscoring the pivotal role of citizens in democratic decision-making and oversight. This right will ensure that election promises do not vanish faster than the magician’s bunny after the elections.
The people’s right to shape legislation
The right to initiate legislation is a crucial mechanism that can empower individuals and communities, potentially ending marginalization. Public referendums and involvement in decision-making processes enhance transparency and accountability significantly.
Currently, the responsibility to initiate legislation mainly lies with the executive in the existing electoral system. This often limits the general public’s ability to actively engage in the legislative process. Recent events, such as the struggles of farmers to secure MSP guarantees and the widespread demand to abolish oppressive laws like the UAPA, highlight this issue.
Granting people the ability to propose new laws or suggest changes to current legislation is vital for establishing a democracy cantered on the people. By directly involving citizens in the legislative process, policies and laws can better represent public interests and adapt to the changing needs of society.
This approach ensures that policy decisions are guided by the collective desires of the populace rather than the priorities of those in power. Allowing individuals and grassroots organizations to shape the legislative agenda fosters active citizenship, encouraging people to play a proactive role in determining the direction of their nation.
Furthermore, empowering citizens to initiate legislation promotes a culture of civic engagement, motivating individuals to address critical issues, push for necessary reforms, and hold elected officials accountable for their decisions. This right is a veritable genie which can grant the legislative wishes of the people, one petition at a time!
Revitalising democracy: Redefining constituency boundaries for effective representation
The delimitation of constituencies is a critical issue affecting India’s parliamentary system, with a high voter-to-representative ratio impacting democracy and representation quality. When one Member of Parliament represents a large number of voters, establishing a direct connection with constituents becomes challenging. This lack of accountability hampers effective citizen engagement and limits avenues for voicing concerns.
Addressing this challenge requires electoral reforms focused on shrinking constituency sizes and empowering district, block, and village constituency committees—the third tier of governance. The existing Panchayati Raj system has struggled to prevent power concentration in central and state-level executive bodies.
Reducing constituency sizes can result in more focused and efficient representation, enabling elected officials to better grasp and tackle the specific needs and issues facing their constituents. By reshaping the electoral system to be more inclusive and responsive to India’s diverse population, we can elevate people to the forefront of decision-making processes.
Also read: Time to Shut the Floodgates of Secret Political Party Funding
Towards a level-playing field: Breaking the symbol monopoly
The issue of election symbols in India has sparked controversy, with larger political parties enjoying an advantage over smaller parties and independent candidates due to their control of recognizable symbols. These symbols play a vital role in shaping voter perception and aiding in candidate differentiation, offering a quick means for voters to distinguish among candidates. The exclusive use of distinct symbols by established parties can establish a brand presence that boosts visibility and recall, granting them an unfair edge in elections. With a well-recognised symbol to lean on, even a candidate with as much dynamism as a potted plant can win the elections. In its report on electoral reforms in 2015, the Law Commission of India has highlighted the dangers of a ruling party using party symbols on advertisements related to achievements of the government.
To level the electoral playing field and enhance participation, breaking the monopoly on election symbols held by dominant parties is crucial. Providing equal access to unique symbols for smaller parties and independents can shift the focus towards policies, ideologies, and candidate qualifications rather than just party branding. It’s essential to allocate common symbols not only to parties but also to people’s organizations like workers’, women’s, or farmers’ groups. This move could foster a more diverse and informed election environment where candidates are evaluated based on their capabilities and visions.
Reforms such as voter-direct candidate selection, state funding of elections, and dismantling the monopoly of major parties on election symbols could significantly address challenges like non-transparent Electronic Voting Machines (EVMs), unfulfilled manifesto pledges, undue influence, ill-gotten vote banks, criminalisation of politics and electoral misconduct.
The need for a thorough overhaul of the electoral process
The recent court ruling on electoral bonds has underscored the critical necessity for sweeping electoral reforms in India. More than just discontinuing the scheme, substantial changes are imperative to combat the sway of money in politics, promote transparency, and uphold democratic principles. India must now forge a reform path that transforms the democratic framework, ensuring elected officials are answerable to the public they represent, not their financial backers.
In the current political landscape, citizens lack avenues to partake in day-to-day decision-making processes beyond casting their votes. Power is highly centralized in the Executive branch, with the Legislature often beholden to the Executive rather than the populace, despite lawmakers dubbing themselves “people’s representatives.” The mounting calls for electoral overhauls highlight a gap between the government and the governed, emphasizing the limited opportunities for public engagement in governance.
Shifting the focus to the citizens in the political domain necessitates a transformative departure from the prevailing system controlled by elite political parties. Instead, direct selection and election of candidates by the people, the implementation of recall and legislative initiation rights, state-funded elections with no private financing, and the utilization of referendums to gauge public sentiment are essential. Only through such changes can individuals transition from being mere voters to active decision-makers, ensuring elected representatives cannot infringe upon the public’s authority in shaping their future.
Raghavan Srinivasan is an author, political activist and President of Lok Raj Sangathan whose aim is to enlighten citizens on their electoral and political rights
