1 Why did we opt for the British type of Parliamentary form of Democracy? Familiarity & Respect for...

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Why did we opt for the British type of Parliamentary

form of Democracy?Familiarity & Respect for the British system Shri B.K. Nehru “Furthermore, the Constituent Assembly was dominated by

lawyers trained solely in the British tradition and in the British system of Law, who constituted a substantial proportion of the membership of the Assembly. Their knowledge of Constitutional law was largely confined to the horizon of the British Constitution.”

Dr. K.M. Munshi – a member of the Constituent Assembly “We must not forget very important fact that, during the last one hundred years, Indian public life has largely drawn upon the traditions of British constitutional law. Most of us have looked to the British model as the best. ……. After this experience, why should we go back on the tradition that has been built over a hundred years and try a novel experiment.”

Why did we opt for the British type of Parliamentary

form of Democracy?Familiarity & Respect for the British system Shri B.K. Nehru “Furthermore, the Constituent Assembly was dominated by

lawyers trained solely in the British tradition and in the British system of Law, who constituted a substantial proportion of the membership of the Assembly. Their knowledge of Constitutional law was largely confined to the horizon of the British Constitution.”

Dr. K.M. Munshi – a member of the Constituent Assembly “We must not forget very important fact that, during the last one hundred years, Indian public life has largely drawn upon the traditions of British constitutional law. Most of us have looked to the British model as the best. ……. After this experience, why should we go back on the tradition that has been built over a hundred years and try a novel experiment.”

Part II – The AlternatePart II – The Alternate

Forum for Presidential Democracy

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Forum’s AnalysisForum’s Analysis

Based on the study of Constitutions of leading liberal democracies such as British, French, German, U.S., Japanese, Australia etc. and based on our own performance of last six decades under the model of parliamentary democracy as adopted by us.

Based on the study of Constitutions of leading liberal democracies such as British, French, German, U.S., Japanese, Australia etc. and based on our own performance of last six decades under the model of parliamentary democracy as adopted by us.


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STABILITY - American Constitution STABILITY - American Constitution

Why did the Americans choose different system? They had much more familiarity with British Constitution than us (majority of first lot were British Immigrants) Apprehension whether the new country will have the prerequisites for evolution of a genuine 2 Party system? Answer :- No Reason :- While the first lot of settlers were mainly from Britain, in due course there would be Immigrants from various countries of Europe such as France, Germany, Italy, Spain, Holland, Portuguese etc. each having its own identity including that of language would prefer to have its own party and ultimately, might end up with 15 or 20 different parties.

Why did the Americans choose different system? They had much more familiarity with British Constitution than us (majority of first lot were British Immigrants) Apprehension whether the new country will have the prerequisites for evolution of a genuine 2 Party system? Answer :- No Reason :- While the first lot of settlers were mainly from Britain, in due course there would be Immigrants from various countries of Europe such as France, Germany, Italy, Spain, Holland, Portuguese etc. each having its own identity including that of language would prefer to have its own party and ultimately, might end up with 15 or 20 different parties.


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Our similarity ! – Party Formation based on Language – Religion – Caste – Region

Our similarity ! – Party Formation based on Language – Religion – Caste – Region

Considerations Punjab - Akali Dal Andhra - Telugu Desam, Telangana

Rashtriya Samiti Tamil Nadu - DMK / AIADMK / PDMK /

MDMK Maharashtra - Shiv Sena & now MNS Kashmir - National Conference, P.D.P., Goa - Maharastra Gomantak

Party Nagaland - Nagaland People’s

Front Mizoram - Mizoram National Front

etc. Orrisa - Biju Janata Dal Jharkand - Jharkand Mukti Morcha Assam - Assom Gano Parishad U.P. /Bihar - Caste dominant

B.S.P. (Dalit) Samajwadi Party / RJD (O.B.C. / Minority) Evolved - a new system as democratic as the British But assuring full stability with all the checks & balances.

Considerations Punjab - Akali Dal Andhra - Telugu Desam, Telangana

Rashtriya Samiti Tamil Nadu - DMK / AIADMK / PDMK /

MDMK Maharashtra - Shiv Sena & now MNS Kashmir - National Conference, P.D.P., Goa - Maharastra Gomantak

Party Nagaland - Nagaland People’s

Front Mizoram - Mizoram National Front

etc. Orrisa - Biju Janata Dal Jharkand - Jharkand Mukti Morcha Assam - Assom Gano Parishad U.P. /Bihar - Caste dominant

B.S.P. (Dalit) Samajwadi Party / RJD (O.B.C. / Minority) Evolved - a new system as democratic as the British But assuring full stability with all the checks & balances.


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Impact of Presidential System on Party-formation Presently 2 major political parties viz. Republics /

Democrats

Time to time new parties formed 1968 – Presidential Election Governor George Wallace

founded American Independent Party and secured 13.5% votes in Presidential Elections

1980 – Anderson contested as 3rd Party Candidate secured – 6.6% votes

Both these parties virtually disappeared before next elections

Reasons Little Impact on the final outcome of Presidential

elections

No role to play after the elections

Impact of Presidential System on Party-formation Presently 2 major political parties viz. Republics /

Democrats

Time to time new parties formed 1968 – Presidential Election Governor George Wallace

founded American Independent Party and secured 13.5% votes in Presidential Elections

1980 – Anderson contested as 3rd Party Candidate secured – 6.6% votes

Both these parties virtually disappeared before next elections

Reasons Little Impact on the final outcome of Presidential

elections

No role to play after the elections

U.S.A ExampleU.S.A Example


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French ExampleFrench Example

Between 1946 - 1958 – Parliamentary system existed like ours

14 – Political Parties

Coalitions for sharing of Power. Differences and controversial fights between the parties. 26 Govts. in 12 years

New Constitution drafted by Degaulle ‘Presidential Form of Government’ approved by 79.2% of votes in 1958

The total no. of parties kept on reducing since then

Presently – 4 parties Divided in 2 main coalitions Left & Right

Between 1946 - 1958 – Parliamentary system existed like ours

14 – Political Parties

Coalitions for sharing of Power. Differences and controversial fights between the parties. 26 Govts. in 12 years

New Constitution drafted by Degaulle ‘Presidential Form of Government’ approved by 79.2% of votes in 1958

The total no. of parties kept on reducing since then

Presently – 4 parties Divided in 2 main coalitions Left & Right Forum for Presidential Democracy

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Comparison with our systemComparison with our system Smaller parties able to play important roles after the

elections Sometimes virtually a kingmaker’s role

Jayalalitha – Had 21 members out of 542 in Lok Sabha – only 3.5% of total votes in the country. She virtually brought down Vajpayee Govt (1998 – 99).

DMK had its own way in demanding the portfolios. Inspite of Rs. 1,76,000 crores ($40 Billion) of telecom scam, DMK is still beyond question for the P.M.

Shiv Sena or Telugu Desam or DMK or AIADMK all are Kingmakers in their own way

Innumerable examples can be cited The system encourages

Fragmentation Survival of Smaller parties Defections Horse Trading

Smaller parties able to play important roles after the elections

Sometimes virtually a kingmaker’s role Jayalalitha – Had 21 members out of 542 in Lok Sabha –

only 3.5% of total votes in the country. She virtually brought down Vajpayee Govt (1998 – 99).

DMK had its own way in demanding the portfolios. Inspite of Rs. 1,76,000 crores ($40 Billion) of telecom scam, DMK is still beyond question for the P.M.

Shiv Sena or Telugu Desam or DMK or AIADMK all are Kingmakers in their own way

Innumerable examples can be cited The system encourages

Fragmentation Survival of Smaller parties Defections Horse Trading


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The words of Dr. Babasaheb Ambedkar sounds prophetic” (Memorandum to Constituent Assembly), The words of Dr. Babasaheb Ambedkar sounds prophetic” (Memorandum to Constituent Assembly),

“In view of the clashes of castes and creeds there is bound to be a plethora of parties and groups in the Legislature in India. If this happens, it is possible, nay certain, that under the Parliamentary System, Executive is bound to resign upon an adverse vote in the Legislature. India may suffer from the instability of the Executive. For it is the easiest thing for groups to align and realign themselves at frequent intervals and for pretty purpose and bring about the downfall of the Government. Constant overthrow of the Government is nothing short of anarchy. The American form of executive is an equally good type of a democratic and responsible form of the Government.”

“In view of the clashes of castes and creeds there is bound to be a plethora of parties and groups in the Legislature in India. If this happens, it is possible, nay certain, that under the Parliamentary System, Executive is bound to resign upon an adverse vote in the Legislature. India may suffer from the instability of the Executive. For it is the easiest thing for groups to align and realign themselves at frequent intervals and for pretty purpose and bring about the downfall of the Government. Constant overthrow of the Government is nothing short of anarchy. The American form of executive is an equally good type of a democratic and responsible form of the Government.”


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Cabinet Composition / Functioning (U.S.A)Cabinet Composition / Functioning (U.S.A)

(a) Member of Parliament cannot join Cabinet

(b) President free to select the best talent

(c) No vested interest of politicians

(d) Once appointed full concentration on his job

(e) Majority non-politicians / Hardcore professionals / Intellectuals / People of Eminence

(f) Full-time dedicated for a particular job for full term

(g) No distraction of party politics or spend time on the constituency or woo the voters

(h) Not inclined to remain in limelight or waste time in attending public functions / self publicity for being elected

(i) Not required to collect funds for themselves or for the party or to win the elections.

(j) No need to please M.L.A.s / M.P.s

(a) Member of Parliament cannot join Cabinet

(b) President free to select the best talent

(c) No vested interest of politicians

(d) Once appointed full concentration on his job

(e) Majority non-politicians / Hardcore professionals / Intellectuals / People of Eminence

(f) Full-time dedicated for a particular job for full term

(g) No distraction of party politics or spend time on the constituency or woo the voters

(h) Not inclined to remain in limelight or waste time in attending public functions / self publicity for being elected

(i) Not required to collect funds for themselves or for the party or to win the elections.

(j) No need to please M.L.A.s / M.P.s


Presidential System (as adopted by the USA)

Presidential System (as adopted by the USA)

Direct election of Executive Head of the Government (every 4 years) at City, State & National level

Full stability of Government after being elected Maximum 2 terms for a President (8 years) Cabinet (Executive) separate from Legislature Senate (Legislature & Lower House) provided full power

for checks & balances on President & Cabinet Legislature role well-defined Candidates elected by members of party in a free & fair

election

Direct election of Executive Head of the Government (every 4 years) at City, State & National level

Full stability of Government after being elected Maximum 2 terms for a President (8 years) Cabinet (Executive) separate from Legislature Senate (Legislature & Lower House) provided full power

for checks & balances on President & Cabinet Legislature role well-defined Candidates elected by members of party in a free & fair

election

10Forum for Presidential Democracy

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Cabinet – ObamaCabinet – Obama Secretary of Energy - Renowned Physicist Secretary of Treasury - Master’s degree in International Economics Secretary of Education - Chief Executive of the Chicago Public

Schools Secretary of Labor - Graduate - California State Polytechnic

University Attorney General - Graduate - Columbia University & Columbia

Law School; Director of Central Intelligence Agency - Bachelor’s & Law from

the University of Santa Clara Secretary of Housing and Urban Development - Degrees in Public

Administration & Architecture; Commerce Secretary - Attended Yale University & Boston

University Law School; Secretary of Veterans Affairs - Has a career in the Army & was

Chief of Staff Secretary of State - Graduate - Wellesley & Law from Yale

University; National Security Advisor - Mastered the subtle art of coalition

diplomacy during wartime. (Note: The above list is only indicative and not complete)

Secretary of Energy - Renowned Physicist Secretary of Treasury - Master’s degree in International Economics Secretary of Education - Chief Executive of the Chicago Public

Schools Secretary of Labor - Graduate - California State Polytechnic

University Attorney General - Graduate - Columbia University & Columbia

Law School; Director of Central Intelligence Agency - Bachelor’s & Law from

the University of Santa Clara Secretary of Housing and Urban Development - Degrees in Public

Administration & Architecture; Commerce Secretary - Attended Yale University & Boston

University Law School; Secretary of Veterans Affairs - Has a career in the Army & was

Chief of Staff Secretary of State - Graduate - Wellesley & Law from Yale

University; National Security Advisor - Mastered the subtle art of coalition

diplomacy during wartime. (Note: The above list is only indicative and not complete)


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The Secretary of State :- Graduate from the Stanford Law School;

Secretary of Defence :- had worked in Pentagon with former Defence Secretary, Robert McNamara. Degrees from Yale, Oxford and MIT;

National Security Advisor :- Graduate of Harvard and Princeton’s School of Public and International Affairs;

Director of Central Intelligence :- Law degree from Yale University;

Secretary of Health and Human Services :- Ex-Chancellor of the University of Wisconsin. Selected by Business Week as one of the top five managers in higher education;

Chairperson of the Council of Economic Advisers :- Professor of Economics at the University of California, Berkeley

(Note: The above list is only indicative and not complete)

The Secretary of State :- Graduate from the Stanford Law School;

Secretary of Defence :- had worked in Pentagon with former Defence Secretary, Robert McNamara. Degrees from Yale, Oxford and MIT;

National Security Advisor :- Graduate of Harvard and Princeton’s School of Public and International Affairs;

Director of Central Intelligence :- Law degree from Yale University;

Secretary of Health and Human Services :- Ex-Chancellor of the University of Wisconsin. Selected by Business Week as one of the top five managers in higher education;

Chairperson of the Council of Economic Advisers :- Professor of Economics at the University of California, Berkeley

(Note: The above list is only indicative and not complete)

Cabinet – Clinton (1992-2000)Cabinet – Clinton (1992-2000)


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Strong Committee system

Detailed analysis / reports on every legislation proposed. No party lines

Congress members duty bound to involve in legislative matters

After circulation of report – every member of Congress enjoys full freedom to vote

No whip issued by the Party

Several countries have also emulated American example and have now strong Committee system e.g. Australia, Germany and even Britain is now following this.

Strong Committee system

Detailed analysis / reports on every legislation proposed. No party lines

Congress members duty bound to involve in legislative matters

After circulation of report – every member of Congress enjoys full freedom to vote

No whip issued by the Party

Several countries have also emulated American example and have now strong Committee system e.g. Australia, Germany and even Britain is now following this.

Legislation :- American system scores over us

Legislation :- American system scores over us


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Members of Congress study the bill and in the process seek information and advice from a variety of sources before

recommending action (The meaning of the word Congress means Assembly in English and in the USA it is

used for Parliament including both the houses).

Members of Congress study the bill and in the process seek information and advice from a variety of sources before

recommending action (The meaning of the word Congress means Assembly in English and in the USA it is

used for Parliament including both the houses).

Action of a Committee on a BillAction of a Committee on a Bill

Public hearings are heldPublic hearings are held

A subcommittee is appointed to make a detailed analysis

A subcommittee is appointed to make a detailed analysis

Studies by experts from both government agencies and public organizations are received

Studies by experts from both government agencies and public organizations are received

Research reports from Legislative References Service, Library of Congress are requested

Research reports from Legislative References Service, Library of Congress are requested

Bill is reported out favorably in original form (Rare)ORIt is amended and reported favorablyORIt is completely rewritten and reported favorablyORIt is reported unfavorably

Bill is reported out favorably in original form (Rare)ORIt is amended and reported favorablyORIt is completely rewritten and reported favorablyORIt is reported unfavorably

Committee

Committee

CongressHouse of Representatives or

Senate

CongressHouse of Representatives or

SenateForum for Presidential Democracy

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Separation of executive and the legislature play a vital role to check corruption.

The Congress has no vested interest as members do not form part of the cabinet.

They develop their own personality to stand against the President.

Party lines are very loose on issues of corruption. Opposition as well as President’s own party members

free to take independent stand against any cabinet minister including the President.

President / Governor not obliged to have corrupt minister/s in their Cabinet

Candidate’s background scrutinized before induction in the cabinet

Separation of executive and the legislature play a vital role to check corruption.

The Congress has no vested interest as members do not form part of the cabinet.

They develop their own personality to stand against the President.

Party lines are very loose on issues of corruption. Opposition as well as President’s own party members

free to take independent stand against any cabinet minister including the President.

President / Governor not obliged to have corrupt minister/s in their Cabinet

Candidate’s background scrutinized before induction in the cabinet

Effective Check on CorruptionEffective Check on Corruption


As per the earlier provisions of the Bill, Lokpal’s power was restricted only to recommend an action against a corrupt politician or a bureaucrat and the Government’s sanction was required to initiate action. The Government is now under pressure to have Lokpal as an independent authority empowered to initiate investigation & prosecution against any bureaucrat or politician for corruption without any interference including PM/CM or any Minister. This would certainly be a welcome relief. However, following the enthusiasm generated due to Anna Hazare’s fast, we must not forget that the appointment of Lokpal will not be the panacea for eradicating corruption. The most effective and the logical way to eradicate / minimize corruption is to appoint honest and capable people at top level i.e. Ministerial level in the first place and have a system of checks and balances and then only Lokpal should be a mechanism as a final recourse where still if there is a culprit, he must be caught and punished.

As per the earlier provisions of the Bill, Lokpal’s power was restricted only to recommend an action against a corrupt politician or a bureaucrat and the Government’s sanction was required to initiate action. The Government is now under pressure to have Lokpal as an independent authority empowered to initiate investigation & prosecution against any bureaucrat or politician for corruption without any interference including PM/CM or any Minister. This would certainly be a welcome relief. However, following the enthusiasm generated due to Anna Hazare’s fast, we must not forget that the appointment of Lokpal will not be the panacea for eradicating corruption. The most effective and the logical way to eradicate / minimize corruption is to appoint honest and capable people at top level i.e. Ministerial level in the first place and have a system of checks and balances and then only Lokpal should be a mechanism as a final recourse where still if there is a culprit, he must be caught and punished.

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What are Forum’s views on Lokpal Bill?

What are Forum’s views on Lokpal Bill?


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a) President • Legislature • Judiciary b) Legislature power fully vests with the Congress c) Choice of cabinet solely left to the President d) Legislature has no vested interest in Cabinet as no

member can form part of the cabinete) Independent voting on legislations irrespective of

party linesf) Legislators duty bound to involve in legislative

matters g) Congress fully empowered to defeat legislation

even if proposed by the President. As a balance, President can veto on legislations not in line with his manifesto or thinking. But Senate can counter veto President’s veto with 2/3rd majority.

a) President • Legislature • Judiciary b) Legislature power fully vests with the Congress c) Choice of cabinet solely left to the President d) Legislature has no vested interest in Cabinet as no

member can form part of the cabinete) Independent voting on legislations irrespective of

party linesf) Legislators duty bound to involve in legislative

matters g) Congress fully empowered to defeat legislation

even if proposed by the President. As a balance, President can veto on legislations not in line with his manifesto or thinking. But Senate can counter veto President’s veto with 2/3rd majority.

Checks & BalancesChecks & Balances


h) Opposition many times vote for the President and vice versa

i) All important posts including ministers (secretaries) confirmation of Senate – a must

j) Power to impeach President vests with the Senate

k) President or Governor cannot remain in Power for more than 2 terms

l) Judiciary fully empowered to repeal any legislation violating fundamental rights provided in the Constitution.

m) Any foreign treaty has to be ractified by the Senate.

h) Opposition many times vote for the President and vice versa

i) All important posts including ministers (secretaries) confirmation of Senate – a must

j) Power to impeach President vests with the Senate

k) President or Governor cannot remain in Power for more than 2 terms

l) Judiciary fully empowered to repeal any legislation violating fundamental rights provided in the Constitution.

m) Any foreign treaty has to be ractified by the Senate.


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President V/s Congress – A Delicate Balance !

President V/s Congress – A Delicate Balance !

Forum for Presidential DemocracyIllustration : Vasant Halbe

20No More !No More !Forum for Presidential Democracy Illustration : Vasant Halbe

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Mental block in several intellectuals mind (Even one of India’s Ex-Attorney General had this mental block)

“In our system, we can replace Prime Minister if he is found corrupt / inefficient / controversial etc. Difficult in Presidential Democracy as President has a fixed tenure”.

A). An honest person in our present system, may find it difficult to continue in the office unless he is willing to sacrifice his honesty / integrity. By manipulation, a controversial person can manage to become Prime Minister and also continue to hold the Office. But in a Presidential Democracy where there will be direct election by the entire country for electing the Executive Head of the Government, the preference will be for a non-controversial, honest and open-minded person who has to appeal to majority of the electorate etc.

Wallace, a controversial personality could get only 13.5% vote.

Mental block in several intellectuals mind (Even one of India’s Ex-Attorney General had this mental block)

“In our system, we can replace Prime Minister if he is found corrupt / inefficient / controversial etc. Difficult in Presidential Democracy as President has a fixed tenure”.

A). An honest person in our present system, may find it difficult to continue in the office unless he is willing to sacrifice his honesty / integrity. By manipulation, a controversial person can manage to become Prime Minister and also continue to hold the Office. But in a Presidential Democracy where there will be direct election by the entire country for electing the Executive Head of the Government, the preference will be for a non-controversial, honest and open-minded person who has to appeal to majority of the electorate etc.

Wallace, a controversial personality could get only 13.5% vote.

Prejudices and Misconceptions about Presidential Democracy

Prejudices and Misconceptions about Presidential Democracy


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V.P. Singh even with his Janata Dal securing 18.3% vote could become Prime Minister in our system.

Similarly same Janata Dal had less than 20% of total votes, yet Deve Gowda or I.K.Gujral could become Prime Minister.

Easier for a corrupt politician / controversial character to be elected as M.L.A. / M.P. and later on could even manipulate to become C.M. / P.M. and even complete the tenure (At State level-the examples of such CMs are too many)

Nixon was shown the door in American system when he indulged in malpractice

In Contrast Indira Gandhi could complete her tenure by declaring Emergency and assuming powers of a dictator

V.P. Singh even with his Janata Dal securing 18.3% vote could become Prime Minister in our system.

Similarly same Janata Dal had less than 20% of total votes, yet Deve Gowda or I.K.Gujral could become Prime Minister.

Easier for a corrupt politician / controversial character to be elected as M.L.A. / M.P. and later on could even manipulate to become C.M. / P.M. and even complete the tenure (At State level-the examples of such CMs are too many)

Nixon was shown the door in American system when he indulged in malpractice

In Contrast Indira Gandhi could complete her tenure by declaring Emergency and assuming powers of a dictator


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Promotion of leadership QualitiesPromotion of leadership Qualities Not encouraged under our present system. The Chief Ministers or the Prime Minister’s tenure

insecure Their hands are tied down

Selection of ministers Implementation of policies Taking action against incompetent and corrupt

ministers etc. Our Chief Ministers lack confidence. Even in the

selection of the cabinet, they have to please everybody including the Delhi Durbar.

Our Mayors are mere figure heads / show pieces without any executive powers.

Not encouraged under our present system. The Chief Ministers or the Prime Minister’s tenure

insecure Their hands are tied down

Selection of ministers Implementation of policies Taking action against incompetent and corrupt

ministers etc. Our Chief Ministers lack confidence. Even in the

selection of the cabinet, they have to please everybody including the Delhi Durbar.

Our Mayors are mere figure heads / show pieces without any executive powers.


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Presidential System The direct election of the Mayor (City level) or

Governor (State level) or President at (National level)

Giving them free hand to induct the best talent with security of tenure boosts their confidence.

Based on their performance, Governors / Mayors get groomed for higher level leadership.

Senators also form an important link for higher level leadership Senators given adequate allowance to maintain

capable support staff for their office in Washington DC and also in important cities in the State

Senate has wide powers to check the President They do not form part of President’s Cabinet &

hence no vested interest to support President Independence to vote on any legislation.

Mayor Governor / Senator Vice-President / President

Presidential System The direct election of the Mayor (City level) or

Governor (State level) or President at (National level)

Giving them free hand to induct the best talent with security of tenure boosts their confidence.

Based on their performance, Governors / Mayors get groomed for higher level leadership.

Senators also form an important link for higher level leadership Senators given adequate allowance to maintain

capable support staff for their office in Washington DC and also in important cities in the State

Senate has wide powers to check the President They do not form part of President’s Cabinet &

hence no vested interest to support President Independence to vote on any legislation.

Mayor Governor / Senator Vice-President / President


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Voter to have choice of candidate as well as the Party 50% of seats in the Legislative Assembly to be

apportioned as per the present system of first past the post i.e. based on candidates securing highest number of votes to be elected.

50% of seats to be apportioned to parties based on the percentage of votes polled by them in the elections.

Minimum criteria - Parties to secure atleast 5% votes This will remove anomaly of ‘first past the post’ system

of Loksabha Elections. True picture of popularity of the parties not reflected in Lok Sabha or State Assemblies Parties getting 40 to 45 percent votes have secured 60 to 70%

seats. Parties getting 15-20% votes have not even secured 5% seats

Voter to have choice of candidate as well as the Party 50% of seats in the Legislative Assembly to be

apportioned as per the present system of first past the post i.e. based on candidates securing highest number of votes to be elected.

50% of seats to be apportioned to parties based on the percentage of votes polled by them in the elections.

Minimum criteria - Parties to secure atleast 5% votes This will remove anomaly of ‘first past the post’ system

of Loksabha Elections. True picture of popularity of the parties not reflected in Lok Sabha or State Assemblies Parties getting 40 to 45 percent votes have secured 60 to 70%

seats. Parties getting 15-20% votes have not even secured 5% seats

Mixed Proportional Representation System

Mixed Proportional Representation System


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Tamilnadu State Election

1989 1991% of votes Seats % of votes

SeatsAIADMK 21.5 11.64 44.4 70.2Congress 20.2 11.20 15.4 26.3DMK 33.3 65.1 21.4 1

Madhya Pradesh State Election

Year Congress BJP% of votes Seats % of votes

Seats1998 40.6 172 39.3 1191993 40.7 174 38.8 1171990 33.4 56 39.1 2201985 48.8 250 32.4 581980 47.5 246 30.3 60

Germany has adopted the system of Mixed Proportional Representation with success.

Tamilnadu State Election

1989 1991% of votes Seats % of votes

SeatsAIADMK 21.5 11.64 44.4 70.2Congress 20.2 11.20 15.4 26.3DMK 33.3 65.1 21.4 1

Madhya Pradesh State Election

Year Congress BJP% of votes Seats % of votes

Seats1998 40.6 172 39.3 1191993 40.7 174 38.8 1171990 33.4 56 39.1 2201985 48.8 250 32.4 581980 47.5 246 30.3 60

Germany has adopted the system of Mixed Proportional Representation with success.

Example of Disparity :-Example of Disparity :-


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Election funding a major source of corruption in the country. Reforms made in several countries from time to time.

State funding of elections in Germany Euro 0.85 (approx. Rs.56.00) per voter earmarked by the State for election funding.

This is provided to parties in a regulated manner as per percentage of votes polled by them in earlier elections. Parties must secure atleast 5% of total votes cast.

Election funding a major source of corruption in the country. Reforms made in several countries from time to time.

State funding of elections in Germany Euro 0.85 (approx. Rs.56.00) per voter earmarked by the State for election funding.

This is provided to parties in a regulated manner as per percentage of votes polled by them in earlier elections. Parties must secure atleast 5% of total votes cast.

Election FundingElection Funding


Australia – Public Funding introduced in 1984Entitlement per vote – Aust. Dollar 0.912 (Rs.30) distributed to party as per their percentage of votes

Canada Any political party which received

(a) 2 percent of vote is entitled to 50 percent of its election expenses(b) More than 10 percent reimbursement upto 60 percent(c) Private donation limited to Canadian $5000 per year and any

donation above $ 25 has to be accepted.

U.K. (a) Each party allocated time for party political broadcasts on all T.V.

channels. (b) Each candidate is entitled to send election pamphlet / letter free of

cost to every voter(c) No political advertising allowed or T.V. or Radio

Australia – Public Funding introduced in 1984Entitlement per vote – Aust. Dollar 0.912 (Rs.30) distributed to party as per their percentage of votes

Canada Any political party which received

(a) 2 percent of vote is entitled to 50 percent of its election expenses(b) More than 10 percent reimbursement upto 60 percent(c) Private donation limited to Canadian $5000 per year and any

donation above $ 25 has to be accepted.

U.K. (a) Each party allocated time for party political broadcasts on all T.V.

channels. (b) Each candidate is entitled to send election pamphlet / letter free of

cost to every voter(c) No political advertising allowed or T.V. or Radio


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Election Funding Fertile Source of Corruption !

Election Funding Fertile Source of Corruption !

Forum for Presidential Democracy Illustration : Vasant Halbe

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Part of election funding can be provided by the state by way of indirect support such as distribution of bio-data of candidates, provide media time on state T.V to political parties etc.

State funding, also available in Australia.

Reforms also made in American system after the Water Gate scandal.

The final Presidential elections :- Election expenses for both major political parties fully funded by the State.

Part of election funding can be provided by the state by way of indirect support such as distribution of bio-data of candidates, provide media time on state T.V to political parties etc.

State funding, also available in Australia.

Reforms also made in American system after the Water Gate scandal.

The final Presidential elections :- Election expenses for both major political parties fully funded by the State.

Election FundingElection Funding


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German Model seems Ideal

Publicly Account for source of funds / assets

Organisation must confirm to Democratic Principles. Elections of office bearers etc. mandatory

Party accounts have to be verified by the auditors

Violation results in Parties declared unconstitutional

German Model seems Ideal

Publicly Account for source of funds / assets

Organisation must confirm to Democratic Principles. Elections of office bearers etc. mandatory

Party accounts have to be verified by the auditors

Violation results in Parties declared unconstitutional

‘Law on Political Parties’‘Law on Political Parties’



Primary system for selection of candidates• Selection of the candidates not at the whimps and fancies of Party Bosses.

• Many countries have adopted Reforms to make this selection process more democratic in character.

• In Germany, the candidate is selected based in a secret ballot in an Assembly of Party

members or General Assembly of Party Representatives.

• The American system makes it mandatory for selection of all the posts including that of Governor, Senator or President whereby Party candidates are nominated on the basis of popular votes secured by them. In such elections, all the members of the Party vote as in a general election and the candidates wining the primary automatically gets nomination by the Party.

• If democracy is of the people, for the people and by the people, there is no better way than to have the very people participate in the selection process of the candidates to be nominated by the Parties in a democratic manner.

•

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“I really enjoyed the discussion we had on your views and analysis of the Presidential System. Frankly after listening to your meticulous analysis of the comparative merits, I must say I am veering around to your view. I am convinced that your objective is a pure one and is not aimed at pursuit of any political gains but to the promotion of a nationalist ideology. I am pleasantly amazed that our country still has persons like you. You have no personal ambitions in the matter. It is indeed gratifying that a highly qualified Engineer and Technologist like you should be taking such great interest in promoting a larger national cause. You have taken up this agenda of political reforms with no other expectation than good of the country at large. As it is, the political system in the country is on the verge of collapse and unless some drastic changes are ushered-in the future seems utterly bleak and hopeless.”

With warm personal regards, Yours sincerely,

M.N. Venkatachaliah

Former Chief Justice of India

Extracts from Shri M.N. Venkatachaliah’s letter (dt. February 14,

2011) addressed to the Author


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