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OPINION LEAD

July 21, 2012

Our democracy must empower voters

PRASHANT BHUSHAN ATISHI MARLENA
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Instruments that permit people to vote directly on policy and to initiate legislation can ensure that the citizens voice is heard
Independent India has been a large-scale experiment in democracy. Unlike many other nations that gained independence from colonial rule but descended into dictatorships and military rule, India has remained a democracy, despite its size and diversity. While we pride ourselves on this achievement, we also need to reflect more on the problems and challenges that face Indian democracy. Concerns relating to scams, criminal records of elected representatives and disorder in Parliament recur, but a deeper question needs to be asked: how democratic, actually, is Indian democracy? India is a representative democracy, where people select their representatives once in five years to make laws and policies on their behalf. Limiting the participation of the people merely to voting once in five years has significantly reduced the responsiveness of the representatives to the people. Further, representatives often make policies that are not aligned with the wishes of the people. A key reason for this is that political parties require huge funds to contest elections, which are usually provided by moneyed special interests. Once elected, it is these special interests to whom our representatives often cater, rather than the interests of the people. So, what institutional mechanism do the people have to make their voice heard, if their representatives do not represent their interests?
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TOPICS politics citizens initiative and recall politics (general) political systems

This problem is not unique to India. Representative democracies around the world have searched for solutions to this structural flaw. One innovative solution tried in numerous countries is the Referendum (R) and the Initiative (I). These are instruments whereby some decisions of policy and law-making are referred to a direct vote by the electorate, rather than solely being decided by their representatives. They provide a formal, institutional channel for the voice of the citizens, if they feel that their representatives are not adequately representing them. Switzerland was the first country to introduce these instruments, as far back as 1848. Now 36 other countries, mainly in Europe and Latin America, have these instruments at a national level, and various other countries like Germany, Brazil and the United States, at the state and regional levels. Interestingly, India is one

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The Hindu : Opinion / Lead : Our democracy must empower voters

of only five democracies never to have used these instruments. The Referendum (R): The citizen-initiated Referendum is an instrument whereby citizens, by a direct vote, can decide whether a legislation passed by Parliament should be rejected. Citizens sceptical of a certain law or policy can gather signatures of a small percentage of the electorate which can force a direct vote, by the entire electorate, on the legislation in question. If a majority vote opposes the legislation, then their rejection is binding upon Parliament. In the case of Switzerland, one per cent of its electorate needs to signal support through signatures, before a nationwide vote is conducted. For example in 2000, the Swiss Parliament introduced the Electricity Market Law for liberalisation and deregulation of the electricity market. There was, however, resentment against deregulation and what was perceived as the dismantling of a well-functioning public service. So the people asked for a referendum on this law. After the required signatures were collected, the law was put to a nationwide vote. A majority of the people opposed the law, so the law was rejected. The Initiative (I): While the Referendum is an instrument that allows citizens to accept or reject legislation passed by the Parliament, an Initiative lets citizens initiate a new legislation or constitutional amendment, by putting their own proposal on the political agenda that Parliament is ignoring. A bill drafted by a group of citizens and supported by a small percentage of the electorate (again established by signatures) is put to a nationwide direct vote. In Switzerland, two per cent of its electorate needs to sign and support an Initiative, to make it eligible for a nationwide direct vote. If the citizen-initiated legislation gets a majority it becomes a law. For example, in Uruguay, in 2002, the government committed to the International Monetary Fund (IMF), that it would privatise the supply of drinking water and sanitation services to the entire country. This move met with opposition from the people, who responded with a citizens Initiative. The Initiative demanded that access to drinking water and sanitation should be enshrined in the constitution as a human right. This Initiative was voted on in 2004 and won with a resounding majority.
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The primary value of I&R is to align legislative behaviour closer to public opinion. The mere presence of I&R, even when it is not used, makes the legislature more aligned to public opinion, since they know that citizens have the I&R channel to trump them. For example, in Uruguay in 2002, privatisation of the state-owned mobile phone operator was challenged by citizens. They collected the required number of signatures for a citizen-initiated Referendum. Before the voting happened, the government repealed the law and no referendum had to be held. Second, I&R results in significant governance reforms an area in which the legislature is least likely to act, since it typically curtails their own power. There is a conflict of interest, and the lawmakers typically ignore or even sabotage such reforms. For example, in India, one can see that the Lokpal Bill, which could lead to the investigation and prosecution of corrupt lawmakers, has languished for 42 years. However, in California, where I&R is frequently used, 67 Initiatives on governance have been voted on, between 1912 and 2006. Laws regarding campaign finance, prevention of elected representatives holding other offices have been introduced via Initiatives; laws that were unlikely to have been introduced by Californias legislature. Third, an important impact of the I&R process is the educative and transformative effect it has in creating a more politically informed and participative citizenry. Scholars find that in Switzerland and American states where I&R is active, citizens are better informed and have more opportunities

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The Hindu : Opinion / Lead : Our democracy must empower voters

for direct political participation.

CHALLENGES

There are, however, some challenges in introducing I&R which need to be suitably addressed with appropriate solutions. One logistical challenge is conducting in direct voting at the national or even state level. Various solutions exist, including the employment of information and communication technologies (ICT) in innovative ways. Further, the content of the ballot to be voted on, needs to be structured in a way that is easily understood by a wide variety of voters with varying linguistic backgrounds and levels of literacy. Here again various solutions exist. Another challenge has to do with voter competence in making informed judgment on matters of law and policy. One response to this concern is if our elected representatives (who are clearly not experts on many of the issues they take decisions on) can make decisions on laws and policies taking into account the views of experts, so can the people. Additionally, in referendums it has been found that even when voters do not understand the complexity of issues, they are able to take simple cues like who is supporting or opposing the proposition to make informed and ideologically consistent choices. They also try to educate themselves on the issues to be voted on by listening to views of experts on the topic and engaging in debate. Mechanisms to make diverse expert opinions available in an easy to access manner need to be devised. Yet another challenge is to prevent moneyed special interests from influencing the I&R process, by sponsoring high-spending misleading campaigns. This is an important issue that has emerged in some American states like California, Oregon and Colorado. For example in 2006, two oil companies contributed a combined $34 million to defeat an initiative for the funding of renewable energy research and production by oil companies. One response to this concern is that it is far more difficult and expensive for moneyed special interests to convince citizens at large than to convince a smaller set of lawmakers through lobbying. That said, there is need to have safeguards that limit or eliminate campaign financing in the I&R process. Whatever be the challenges in introducing such democratic reform, the time has come to discuss such a change to ensure that our government truly represents the people. Today, democracy is clearly falling short on this count and instruments of Initiatives and Referendums can provide a political mechanism to ensure that citizens voices counterbalance a legislature unresponsive to peoples interests. The time has come to recommit ourselves to a deeper and more participatory democracy; a democracy with greater alignment between public policy and peoples interests. (Prashant Bhushan is a public interest lawyer and member of Team Anna. Atishi Marlena is an independent social educator and activist.) Keywords: Referendum, Initiative, representative democracy, legislative behaviour, public opinion
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COMMENTS:
Day by day scams on very big scale has decline the faith of people representatives to whom they elect and send them as their leader for their welfare .But mostly are not doing their job honestly and they are not taking or participating to make any law or policy which would not be in favour of their benefit but that would be in the favour of their own citizen who elected them.

http://www.thehindu.com/opinion/lead/article3662808.ece[21/07/2012 13:31:40]

The Hindu : Opinion / Lead : Our democracy must empower voters

So referendum is a desperate need in today's time for some major policies.

from: Pankaj Kumar Dubey

Posted on: Jul 21, 2012 at 01:40 IST I beg to differ. There is basic difference between governance in India & that in Europe, while in Europe, govts are mostly the agents of status quo, in India govt is the agent of change. Bills like - reservation, honor killings, helmet compulsion, subsidies reduction, uniform civil code, communal harmony etc - would never be passed if we empower general population for Referendum. Realise that certain bills are made not because society by & large wants them, but because in changing social dynamics, it is empirical that compulsion should be made on people to make the society change in desirable direction. Inequality in India with power of Referendum will ensure that middle-class & rich getting upper hand over policy making while leaving poorest & illiterate 30% population unheard. What electoral reform urgently needed is perhaps - Right to Reject the candidate. While Referendum is very good idea, time is yet not reap for it.
from: Mahesh

Posted on: Jul 21, 2012 at 01:49 IST The first of this I&R must be to elect the PM directly by citizens. Pick and chose of PM and thrust on 120 crore people must be stopped forthwith. Opportunity must be given to all from all parties to contest PM post. It appears inner party democracy is very much absent. Otherwise, how can they air name of certain persons as PM candidate for 2014 election while many are equally talented?
from: R.Ganesan.

Posted on: Jul 21, 2012 at 02:36 IST The authors are suggesting ways for chaos and collapse of governance in our country.It is a premature Utopian dream.We cannot ape Switzerland or California. It is rather naive to expect that the electorate who elected their representatives irrespective of the criminal records of the person, will exercise their choice in the referendum on the merits of the issues.After a mammoth exercise of referendum , we may get a majority decision as good as we decide an option, by tossing a coin.Our country is so vast and so diverse that we can not expect an wise optimum decision on issues.Vested interests lobby easily by means fair and foul. On many occasions, we do not see informed debates even in our elected bodies. To expect a public debate weighing the pros and cons of the issues and get a verdict in the best interest of our society, is too premature for our country. As is, in our country, referendum will mean not only policy paralysis but death of administration.
from: Krishnan

Posted on: Jul 21, 2012 at 02:40 IST The most learned Authors of this Article deserve to be appreciated for such valuable information. In India Adult's franchise was given to the citizens . Women were given the right to vote much later in several developed countries. Illiterate voters have thrown Governments from Power. Leaders like Ambedkar, Indhira Gandhi , A.B. Vajpayee , K. Kamaraj , Ramnath Goenka , C.N. Annadurai, J. Jayalalitha and several others have been defeated in elections. This is an acid test for true and vibrant democracy. No money power or muscle power can change the people's will. Refrendum is taken once in five years. Unfortunately in India the elections are held often. We should decide to hold General Elections to Parliament and States simultaneously and avoid elections now and then. We should have a referendum to decide the need for such Refrendems suggested.
from: N. Thirunavukkarasu

Posted on: Jul 21, 2012 at 05:11 IST Excellent suggestion! But the stumbling block for introducing I &R is our politicians.
from: T. P. Srinivasan

Posted on: Jul 21, 2012 at 06:04 IST Political parties require huge funds to contest elections, provided by moneyed special interests [quid pro quo??] Today, politicians find it easy to factionalise the illiterate voters below poverty line & half the nation - along communal/caste lines and buy off their votes - making elections very expensive. SOLUTIONS must include (i) educating the public (ii) outlawing these practices (iii) lowering barriers to entering politics.

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The Hindu : Opinion / Lead : Our democracy must empower voters

Other voters also disenfranchised, either take advantage of the corrupt system, or haplessly acquiesce. SOLUTIONS must (iv) drastically reduce corruption (v) clean up politics to attract'good' people (vi) make every vote count (vii) raise voter participation. NOTHING WILL SUCCEED WITHOUT (1) strengthening anti-corruption measures, (2) electoral reforms, (3) reducing collusion between the legislature, the executive and the judiciary (4) ensuring media independence (5) displacing dynastic political parties (= family businesses for private gain & power).
from: D Mahapatra

Posted on: Jul 21, 2012 at 06:12 IST Currently, the democracy in India is a 'top down model'. What is required is a 'bottom up' model. The candidates must be selected by local people at the grassroots and nominated as a candidate for a party of their choice. Any misappropriation of the process by the people with money and might, when suspected, the electoral commission has to have the power to disqualify the candidate. There has to be minimal educational qualification and acceptable character as an absolute requirement for being a candidate. Even at mid term,the people of the constituency, if not satisfied by the member's performance, shall have the right to recall their representative. People have to be educated in electing people on the policies the parties offer ignoring other considerations such as religion,cast and language. Paternalism / maternalism and dynastic persuasions have no place in a modern democracy. Such positive changes alone can take the country forward as a modern and progressive democracy.
from: Saratchandran

Posted on: Jul 21, 2012 at 07:34 IST People have the right to vote, to elect their representatives, but as Anna Hazare mentions many of us are actually short of options when it comes to voting.A large number of literate and urban people abstain from voting.As a result, the outcome of the elections(held in every 5 years) does not take into consideration the real picture.Everything is changing for its betterment, so why not democratic elections? and role of people in policy making?
from: Rohit

Posted on: Jul 21, 2012 at 08:39 IST The 'I & R' idea is not workable in a country like India mainly for the reason that majority of the electorate are still not mature enough to understand the values of democracy. We have seen in the general elections how money and offer of freebies play a decisive role in the outcome of an election. Most of the people still consider the election time as a season for making money or getting freebies and our corrupt political system respond by taking advantage of it. Can we expect from the people, accustomed as they are to barter away their votes for some material gains, a differential or distinctive treatment in the case of a referendum? There also, in my opinion, money would decide the issue. So the I&R process as envisaged by the author may not bring the desired objective under the existing corrupt political dispensation in our country. And another point for consideration. What about the cost of holding a referendum? Can the Tax Payers bear the huge burden?
from: T.Sathyamurthi

Posted on: Jul 21, 2012 at 09:14 IST But how can the instruments of direct democracy be useful to the country like India with 1250 million population, deeply divided societies and pervasive illiteracy. I think some new methods to take public opinion in account should be innovated in context of India. Some steps in this regard would be highly appreciated in the general public and would send positive impulses to the public and shall further strengthen the ideals of the welfare state.
from: shailendra

Posted on: Jul 21, 2012 at 09:17 IST For better democracy It is sure that the instruments that permit people to directly on policy and initiate legislation can ensure that the citizen's voice is heard. We want democracy which is the good for ruling method in practical in our world. But it need the good thinking people. In other words qualitative people is the back born of democracy. In India so many people do not know well understanding the democratic ruling method which ruled themselves because they fighting for their one term food in a day. Their illiteracy and poverty not allow them to strengthen democracy. So the authority should be planed to removethe most sin that poverty and illiteracy among their people. The youth movements can do a lot but their many leaders not really want it.
from: Unnikrishnan Manjeri

Posted on: Jul 21, 2012 at 10:04 IST

http://www.thehindu.com/opinion/lead/article3662808.ece[21/07/2012 13:31:40]

The Hindu : Opinion / Lead : Our democracy must empower voters

A much required reform though difficult, needed to be implemented to make Indian democracy more effective.
from: Pardeep Bansal

Posted on: Jul 21, 2012 at 10:40 IST I&R mechanism seems to be a proposition which is well suited for the mature democracies as we have in western countries.In a country with huge diversity of public interests this would not give promising results in the present scenario.May be in future we will adopt such a module to give space to public voice but homogeneity from cultural,economic,regional aspects is a prerequisite for its success.
from: mukesh

Posted on: Jul 21, 2012 at 11:37 IST Its very difficult to adapt in India but if its possible it will help a lot for Indian democracy more effective up to some extent only!!!!..only thing is our representatives have positive response towards new change...my personal opinion is its right time to adapt this type of techniques in India...
from: BHARAT C NAVALAGI

Posted on: Jul 21, 2012 at 12:01 IST Dear Sir, While the idea of Referendum and Initiatives are apparently good they are not without pitfalls of their own. Any steps towards empowering voters should take into account the complexities and divisiveness of our society. The examples of Switzerland, Peru and similar countries may not throw much light to us. What happens when the required number of voters initiates action to bring about a law detrimental to the minorities? It may pass in the Referendum, but legislating on the basis of the referendum may violate the constitutional protection provided to minorities. What happens when initiatives are taken about issues such as national language, state's official language, rights of women etc.? There are not only strong lobbies against such moves but linguistic and religious fanatics of various communities issuing fatwa to vote one way or the other. At the end initiatives and referendums will make us much more divisive. Before this country can venture on such moves to empower voters, there is need to ensure our elected representatives are in touch with the masses. Our elected prince lings need to be subjected to performance audit every six months and the audit process and audit report should be in public domain. Such audits can be done only by voluntary bodies. Come election time, the audit report should reach every voter. Let the parties use them against each other. I urge Prashanth Bhushan to initiate action to form a voluntary organization which will function as the national body for auditing the performance of elected representatives. Yours truly Mangalore
from: V.K.Talithaya

Posted on: Jul 21, 2012 at 12:35 IST

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