TSI
The current system is doing quite well
Consitutional expert Subhash Kashyap argues that India's parliamentary system can deliver the goods if tweaked a little
TSI | Issue Dated: March 30, 2008
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A lot has been said and written about the possibility and feasibility of the Presidential form of government and two-party system in India, but it has left much to be desired. First of all, the question arises: do we really need to experiment with a new form of governance? The answer, in my view, is that we are doing really well with the Indian version of the Westminster system and all it needs is a few changes here and there and it will get adapted to the current requirements and aspirations of the people. What's more, these amendments and change in laws can be done easily. In fact, The Constitution of India is one document that is being examined and re-examined, interpreted and re-interpreted almost everyday throughout the year in so many forums to justify or challenge a policy or a decision within and outside the Government. The beauty is that it is still "uncertain" as ever on many crucial issues, receptive to many ideas, ideals and ideologies sustaining a pluralist democracy comprising one-sixth of humanity.
Representative democracy and parliamentary institutions have endured in India for five decades and more. It is a great tribute to their strength and resilience. To say that Parliament of India is not effective would be a gross overstatement. Bashing the Parliamentary system and parliamentarians has become a fashion with self-proclaimed intellectuals. This has to be deprecated because other institutions have perhaps declined more.
As far as the two-party-system is concerned, it is an interesting option and can be considered. There is merit in the reasoning that the emergence of a large number of regional parties has made politics more unstable as they have different aspirations and goals—which more often than not lack a pan-Indian character—and they take to all means to achieve them. The same can be said about the Opposition too. Until 1977, that is for the first 30 years of Independence, the Opposition, while small in number, was more effective and had greater impact potential. Perhaps it was so because of the high quality and character of membership on both sides and largely because a stable government and secure leadership could show greater magnanimity and accommodate Opposition viewpoints without losing face. Alas, things are not that rosy now. But only by introducing the Presidential form of governance, we cannot solve this issue. In fact, in my view, the British Westminster system has mechanisms to deal with this problem. Unfortunately, we in India believe that we have fully exhausted our options. The truth is, of the 12 basic characteristics of the Westminster system, the Indian parliamentary system has not incorporated even one.
The best way to lessen the influence of regional parties is by making the criteria for being a national party tougher. This is very easy and very effective at the same time. This can be done through a simple majority in Parliament and Congress and BJP can see to that. However, these state parties should be allowed to contest elections in their respective state Assemblies so as to strike a balance. They, too, have a role to play. There is no point adhering to a two-party system at the provincial level. Also, I find the logic absurd that state parties work like fiefdoms of regional satraps and are, in most cases, dynastic in nature. The same can be said about some of the national parties too. Why blame only the minnows? This problem can be tackled by introducing some kind of mechanism similar to that of caucuses and primaries in the US. The regional satraps will think twice before treating parties like fiefdoms if a similar mechanism can be introduced.
Also, we must do away with the rule of “simple majority” in parliamentary polls. Currently, the candidate who polls the highest number of popular votes gets elected even if the cumulative opposition vote is more than 50%. Rules should be moulded in such a way that if any of the candidates fails to poll less that 50%, a run-off should be called for between the top two candidates. In the era of electronic voting machine, it can be done easily and effectively at the same time.
These are a few changes that can be introduced to strengthen the present form of governance. In my view, it would be short-sighted to experiment with a new system of government.
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