Date: 24/09/2022
Relevance: GS-2: Election commission of India: Powers, Functions and Responsibilities; Salient Features of the Representation of People’s Act.
Key Phrases: Election Commission of India, politics in India, Recognition of political parties, Section 29 A, Representation of the People Act, 1951, Federal politics in India
Context:
- Recently, the Election Commission of India (ECI) has rejected the idea of a ‘permanent president’ for a political party.
Background:
- A regional party in Andhra Pradesh reportedly elected its founder as the “president for life” of the party in July 2022.
- The Election Commission of India (ECI) rejected this citing that such practice is inherently anti-democratic.
Section 29 A, Representation of the People Act, 1951
- Section 29A of the Representation of the People Act, 1951 governs the registration of political parties.
- A party seeking registration under the said section with the Commission has to submit an application to the Commission within a period of 30 days following the date of its formation.
- The commission exercises these powers under the provisions of
Article 324 of the Constitution of India and Section 29A of the
Representation of the People Act, 1951.
- However, the commission is not empowered to mandate any elections to the political parties or any penal provisions thereof.
There is merit in the ECI’s view
- The ECI's insistence on internal democracy in political parties holds merit as no individual should be elected leader for life in a democratic system.
- Any political party that participates in a democratic process, and wants to govern and legislate, should include formal and periodic election of office-bearers as part of the way it functions as an association.
- Although Indian political parties are of myriad kinds with different
internal democratic politics such as
- Some are structured, cadre-based organizations that function towards an ideological goal or a principle.
- Some are more loosely structured collections of individuals with even different strands of opinion but functioning within an association that has core ideals.
- Some others still reflect social or regional cleavages and so on.
- These diverse political organizations need to be regulated and thus ECI’s decision reflects its commitment towards upholding democracy.
Charismatic leaders and their role in party politics
- The fragmentation of India’s polity into a federalized, multi-party
system has also given way to domination by “charismatic” individuals or
their families because
- The leader’s popularity is leveraged to gain public support
- Sometimes financing structures of a party require centralized control by a single coterie or a family.
- This “charisma” is the reason several political parties do not insist
on thoroughgoing internal elections to secure their leadership.
- Even though they conduct polls, they lack sufficient contestation.
- Many times high echelons of the party don’t allow such polls.
- Only in cases when leadership of political parties feels that nomination and consensus-building on leadership may lead to disunity then only they will allow internal contests.
Need for Democracy in Political Parties
- Representation:
- The absence of intra-party democracy has contributed to political parties becoming closed autocratic structures.
- This adversely impacts the constitutional right of all citizens to equal political opportunity to participate in politics and contest elections.
- Accountability:
- A democratic party will be accountable to its party members, for they will lose elections in the next cycle for their shortcomings.
- Less factionalism:
- A leader with strong grass root connection would not be sidelined.
- This will allow less factionalism and division of parties.
- Transparency:
- A transparent party structure with transparent processes will allow proper ticket distribution and candidate selection.
- The selection would not be based on the whims of a few powerful leaders in the party but will represent the choice of the larger party.
- Decentralizing power:
- Every political party has State and local body units, an election at each level will allow creation of power centers at different levels.
- This will allow decentralization of power and the decision making will take place at the ground level.
- Criminalization of Politics:
- As there is no well-defined process for the distribution of tickets to candidates before elections, tickets are given to candidates on the vague concept of winnability.
- This has led to an additional problem of candidates with criminal backgrounds contesting elections.
The prevailing causes of democracy deficit in party system
- Lack of concrete law:
- Currently, there is no express provision for internal democratic regulation of political parties in India
- The only law is section 29A of the Representation of the Peoples’ Act, 1951 which provides for registration of political parties with the ECI.
- The commission does not have any statutory power to enforce internal democracy in parties or to mandate elections.
- Dynasty politics:
- The growing nepotism in political parties has diluted intra party democracy.
- With senior party leaders fielding their kins in elections, the succession plans for “family” constituencies are being put in place.
- Centralized structure of Political Parties:
- The centralized mode of functioning of the political parties and the stringent anti-defection law of 1985 deter party legislators from voting in the national and state legislatures according to their individual preferences.
- Personality cult:
- There is a tendency for hero worship in people and many times a leader takes over the party and builds his own coterie, ending all forms of intra-party democracy.
Way forward
- Empowering the ECI:
- The ECI shall be competent to inquire into allegations of non-compliance with any of the provisions requiring elections.
- Penalties for noncompliance: ECI should have the penal power to deregister a party until free and fair elections in the party are conducted.
- There is a need to make a law to compulsory elections in political parties at national and State levels in the presence of the observers to be nominated by the ECI.
- Anti-Defection Law should be amended, it will lead to democratizing political parties to promote intra-party dissent.
- Seats can be reserved for women and members of the backward community including minorities to promote inclusive participation.
- It must be made mandatory for all political parties to submit their
financial statements to the ECI, within the prescribed time limit.
- Political parties not submitting on time or in the prescribed format should be heavily penalized.
Conclusion
- Introducing internal democracy and transparency within political parties is important to promote financial and electoral accountability, reduce corruption, and improve democratic functioning of the country as a whole.
- A lack of internal democracy becoming a matter of public debate, perhaps public pressure would finally bear upon parties to do the right thing
Source: The Hindu
Mains Question:
Q. “The first step towards strengthening Indian democracy is to democratize political parties in India”, Discuss. How have the charismatic leaders diluted the internal democracy of political parties in India? Suggest ways to overcome “charismatic leader” phenomenon in Indian polity. (250 words).