Class-IX-Democratic-Politics-I

ACTIVITY But can we call this place a We have seen why democracy? How do we find out if democracies need Do you know when the last Assembly election the people like their representatives to have elections. was held in your state? Which other elections or not? How do we ensure that these But why do rulers have taken place in your locality in the last five representatives rule as per the in non-democratic years? Write down the level of elections (National, wishes of the people? How to make countries need to Assembly, Panchayat, etc.), when were they held sure that those who the people don’t hold elections? and the name and designation (MP, MLA, etc.) of like do not remain their the persons who got elected from your area. representatives? This requires a mechanism by which people can Why do we need elections? choose their representatives at regular intervals and change them Elections take place regularly in if they wish to do so. This any democracy. There are more than mechanism is called election. one hundred countries in the world Therefore, elections are considered in which elections take place to essential in our times for any choose people’s representatives. We representative democracy. also read that elections are held in many countries that are not In an election the voters make democratic. many choices: But why do we need elections? They can choose who will make Let us try to imagine a democracy laws for them. without elections. A rule of the They can choose who will form the people is possible without any government and take major elections if all the people can sit decisions. together everyday and take all the They can choose the party whose decisions. But as we have already policies will guide the government seen in Chapter 1, this is not and law making. possible in any large community. Nor is it possible for everyone to What makes an election have the time and knowledge to democratic? take decisions on all matters. Therefore in most democracies Elections can be held in many ways. people rule through their All democratic countries hold representatives. elections. But most non-democratic countries also hold some kind of Is there a democratic way of elections. How do we distinguish selecting representatives without democratic elections from any other elections? Let us think of a place election? We have discussed this where representatives are selected question briefly in Chapter 1. We on the basis of age and experience. discussed many examples of Or a place where they are chosen countries where elections are held on the basis of education or but they can’t really be called knowledge. There could be some democratic elections. Let us recall difficulty in deciding on who is more what we learnt there and start with experienced or knowledgable. But let a simple list of the minimum us say the people can resolve these conditions of a democratic election: difficulties. Clearly, such a place does not require elections. First, everyone should be able to choose. This means that everyone should have one vote and every vote should have equal value. 36 DEMOCRATIC POLITICS 2019-20

Ah! So, elections Second, there should be may wish to serve the country do not are like exams something to choose from. Parties enter this arena. They do not like the and candidates should be free to idea of being dragged into unhealthy where politicians contest elections and should offer competition. and parties know if some real choice to the voters. Third, the choice should be offered Our Constitution makers were they have passed at regular intervals. Elections must aware of these problems. Yet they or failed. But who be held regularly after every few opted for free competition in are the examiners? years. elections as the way to select our Fourth, the candidate preferred by future leaders. They did so because the people should get elected. this system works better in the long Fifth, elections should be run. In an ideal world all political conducted in a free and fair leaders know what is good for the manner where people can choose people and are motivated only by a as they really wish. desire to serve them. Political These might look like very simple competition is not necessary in such and easy conditions. But there are an ideal world. But that is not what many countries where these are not happens in real life. Political leaders fulfilled. In this chapter we will apply all over the world, like all other these conditions to the elections held professionals, are motivated by a in our own country to see if we can desire to advance their political call these democratic elections. careers. They want to remain in power or get power and positions for Is it good to have political themselves.They may wish to serve competition? the people as well, but it is risky to depend entirely on their sense of Elections are thus all about political duty. Besides even when they wish competition. This competition takes to serve the people, they may not various forms. The most obvious form know what is required to do so, or is the competition among political their ideas may not match what the parties. At the constituency level, it people really want. takes the form of competition among several candidates. If there is no How do we deal with this real life competition, elections will become situation? One way is to try and pointless. improve the knowledge and character of political leaders. The other and But is it good to have political more realistic way is to set up a competition? Clearly, an electoral system where political leaders are competition has many demerits. It rewarded for serving the people and creates a sense of disunity and punished for not doing so. Who ‘factionalism’ in every locality. You decides this reward or punishment? would have heard of people The simple answer is: the people. complaining of ‘party-politics’ in your This is what electoral competition locality. Different political parties and does. Regular electoral competition leaders often level allegations against provides incentives to political one another. Parties and candidates parties and leaders. They know that often use dirty tricks to win elections. if they raise issues that people want Some people say that this pressure to be raised, their popularity and to win electoral fights does not allow chances of victory will increase in sensible long-term policies to be the next elections. But if they fail to formulated. Some good people who satisfy the voters with their work they will not be able to win again. ELECTORAL POLITICS 37 2019-20

So if a political party is motivated customers. If he does not, the read only by desire to be in power, even customer will go to some other shop. the then it will be forced to serve the Similarly, political competition may cartoon people. This is a bit like the way cause divisions and some ugliness, market works. Even if a shopkeeper but it finally helps to force political is interested only in his profit, he is parties and leaders to serve the forced to give good service to the people. Irfan Khan Read these two cartoons carefully. Write the message of each of them in your own words. Have a discussion in class on which of the two is closer to the reality in your own locality. Draw a cartoon to depict what elections do to the relationship between voters and political leaders. 3.2 WHAT IS OUR SYSTEM OF ELECTIONS? Can we say that Indian elections are called a by-election. In this chapter democratic? To answer this question, we will focus on general elections. let us take a look at how elections are held in India. Lok Sabha and Vidhan Electoral constituencies Sabha (Assembly) elections are held regularly after every five years. After You read about the people of five years the term of all the elected Haryana electing 90 MLAs. You may representatives comes to an end. The have wondered how they did that. Lok Sabha or Vidhan Sabha stands Did every person in Haryana vote for ‘dissolved’. Elections are held in all all the 90 MLAs? You perhaps know constituencies at the same time, that this is not the case. In our either on the same day or within a country we follow an area based few days. This is called a general system of representation. The election. Sometimes election is held country is divided into different only for one constitutency to fill the areas for purposes of elections. vacancy caused by death or These areas are called electoral resignation of a member. This is constitutencies. The voters who live in an area elect one representative. 38 DEMOCRATIC POLITICS 2019-20

For Lok Sabha elections, the country constituency has within it several is divided into 543 constituencies. assembly constituencies. The same The representative elected from each principle applies for Panchayat and constituency is called a Member of Municipal elections. Each village or Parliament or an MP. One of the town is divided into several ‘wards’ features of a democratic election is that are like constituencies. Each that every vote should have equal ward elects one member of the value. That is why our Constitution village or the urban local body. requires that each constituency Sometimes these constituencies are should have a roughly equal counted as ‘seats’, for each population living within it. constituency represents one seat in the assembly. When we say that ‘Lok Similarly, each state is divided into Dal won 60 seats’ in Haryana, it a specific number of Assembly means that candidates of Lok Dal constituencies. In this case, the won in 60 assembly constituencies elected representative is called the in the state and thus Lok Dal had Member of Legislative Assembly or 60 MLAs in the state assembly. an MLA. Each Parliamentary GULBARGA LOK SABHA CONSTITUENCY GULBARGA (KALABURAGI) DISTRICT IN KARNATAKA ELECTORAL POLITICS Why is the boundary of the Gulbarga Lok Sabha constituency not the same as the district boundary of Gulbarga (Kalaburagi)? Draw a similar map for your own Lok Sabha constituency. How many Assembly constituencies are there in the Gulbarga Lok Sabha constituency? Is it the same in your own Lok Sabha constituency? 39 2019-20

Reserved Constituencies local bodies are now reserved for Like in Panchayats, Other Backward Classes (OBC) as should we not have Our Constitution entitles every well. However, the proportion of at least one-third citizen to elect her/his representative seats reserved varies from state to seats in the and to be elected as a representative. state. Similarly, one-third of the parliament and The Constitution makers, however, seats are reserved in rural and assemblies were worried that in an open urban local bodies for women reserved for electoral competition, certain candidates. women? weaker sections may not stand a good chance to get elected to the Lok Sabha Voters’ list and the state Legislative Assemblies. They may not have the required Once the constituencies are decided, resources, education and contacts to the next step is to decide who can contest and win elections against and who cannot vote. This decision others. Those who are influential and cannot be left to anyone till the last resourceful may prevent them from day. In a democratic election, the list winning elections. If that happens, of those who are eligible to vote our Parliament and Assemblies is prepared much before the would be deprived of the voice of a election and given to everyone. This significant section of our population. list is officially called the Electoral That would make our democracy less Roll and is commonly known as the representative and less democratic. Voters’ List. So, the makers of our Constitution This is an important step for it is thought of a special system of linked to the first condition of a reserved constituencies for the democratic election: everyone weaker sections. Some constituencies should get an equal opportunity to are reserved for people who belong choose representatives. Earlier, we to the Scheduled Castes [SC] and read about the principle of Scheduled Tribes [ST]. In a SC universal adult franchise. In reserved constituency only someone practice it means that everyone who belongs to the Scheduled should have one vote and each vote Castes can stand for election. should have equal value. No one Similarly only those belonging to the should be denied the right to vote Scheduled Tribes can contest an without a good reason. Different election from a constituency citizens differ from one another in reserved for ST. Currently, in the many ways: some are rich, some are Lok Sabha, 84 seats are reserved for poor; some are highly educated, the Scheduled Castes and 47 for the some are not so educated or not Scheduled Tribes (as on 26 January educated at all; some are kind, 2019). This number is in proportion others are not so kind. But all of to their share in the total population. them are human beings with their Thus the reserved seats for SC and own needs and views. That is why ST do not take away the legitimate all of them deserve to have an equal share of any other social group. say in decisions that affect them. This system of reservation In our country, all the citizens aged was extended later to other 18 years and above can vote in an weaker sections at the district and election. Every citizen has the right local level. In many states, seats to vote, regardless of his or her caste, in rural (panchayat) and urban religion or gender. Some criminals (municipalities and corporations) and persons with unsound mind can 40 DEMOCRATIC POLITICS 2019-20

LOK SABHA CONSTITUENCIES TOTAL CONSTITUENCIES 543 GENERAL 412 RESERVED (SC) 84 RESERVED (ST) 47 STATES CONSTITUENCIES Election Commission of India Andhra Pradesh 25 Arunachal Pradesh 2 Assam Bihar 14 Chhattisgarh 40 Goa 11 Gujarat Haryana 2 Himachal Pradesh 26 Jammu & Kashmir 10 Jharkhand Karnataka 4 Kerala 6 Madhya Pradesh 14 Maharashtra 28 Manipur 20 Meghalaya 29 48 2 2 See the map above and answer the following questions. Mizoram 1 UNION TERRITORIES 1 What is the number of Lok Sabha constituencies in your state and the 1 neighbouring two states? Nagaland 1 Andaman & Nicobar 1 Which states have more than 30 Lok Sabha constituencies? Odisha 21 Islands 1 Why do some states have such a large number of constituencies? Punjab 13 7 Why are some constituencies small in area while others are very big? Rajasthan 25 Chandigarh 1 Are the constituencies reserved for the SCs and STs evenly spread all Sikkim Dadra & Nagar Haveli 1 over the entire country or are there more in some areas? 1 Daman & Diu Delhi Tamil Nadu 39 Lakshadweep Puducherry Telangana 17 Tripura 2 Uttar Pradesh 80 Uttarakhand West Bengal 5 42 ELECTORAL POLITICS 41 2019-20

be denied the right to vote, but only Recently, a new system of Why are the in rare situations. It is the declaration has been introduced on candidates responsibility of the government to direction from the Supreme Court. required to give a get the names of all the eligible Every candidate has to make a legal detailed statement voters put on the voters’ list. As new declaration, giving full details of : of their property? persons attain voting age names are added to the voters’ list. Names of Serious criminal cases pending those who move out of a place or against the candidate; those who are dead are deleted. A Details of the assets and liabilities complete revision of the list takes of the candidate and his or her place every five years. This is done family; and to ensure that it remains up to date. Educational qualifications of the In the last few years a new system candidate. of Election Photo Identity Card This information has to be made [EPIC] has been introduced. The public. This provides an opportunity government has tried to give this to the voters to make their decision card to every person on the voters on the basis of the information list. The voters are required to carry provided by the candidates. this card when they go out to vote, so that no one can vote for someone Educational qualifications for else. But the card is not yet candidates compulsory for voting. For voting, the voters can show many other Why is there no educational qualification for proofs of identity like the ration card holding such an important position when some or the driving licence. kind of educational qualification is needed for any other job in the country? Nomination of candidates Educational qualifications are not relevant to We noted above that in a democratic all kinds of jobs. The relevant qualification for election people should have a real selection to the Indian cricket team, for choice. This happens only when example, is not the attainment of educational there are almost no restrictions on degrees but the ability to play cricket well. anyone to contest an election. This Similarly the relevant qualification for being an is what our system provides. Any- MLA or an MP is the ability to understand one who can be a voter can also be- people’s concerns, problems and to represent come a candidate in elections. The their interests. Whether they can do so or not only difference is that in order to be is examined by lakhs of examiners — their a candidate the minimum age is 25 voters — after every five years. years, while it is only 18 years for Even if education was relevant, it should be being a voter. There are some other left to the people to decide how much restrictions on criminals etc. but importance they give to educational these apply in very extreme cases. qualifications. Political parties nominate their can- In our country putting an educational didates who get the party symbol qualification would go against the spirit of and support. Party’s nomination is democracy for yet another reason. It would often called party ‘ticket’. mean depriving a majority of the country’s citizens the right to contest elections. If, for Every person who wishes to example, a graduate degree like B.A., B.Com contest an election has to fill a or B.Sc was made compulsory for candidates, ‘nomination form’ and give some more than 90 per cent of the citizens will money as ‘security deposit’. become ineligible to contest elections. 42 DEMOCRATIC POLITICS 2019-20

ELECTORAL POLITICS 43 2019-20

Match the following features of our electoral system with the principles they reflect. Principles Features of election system Universal adult franchise Each constituency has roughly the same population CHECK YOUR Representation of Everyone who is 18 years of age or older has a right to vote PROGRESS weaker sections Open political competition Anyone can form a party or contest elections One vote one value Reservation of seats for the SCs and the STs Election Campaign In election campaigns, political parties try to focus public attention The main purpose of election is to on some big issues. They want to give people a chance to choose the attract the public to that issue and representatives, the government and get them to vote for their party on that the policies they prefer. Therefore it basis. Let us look at some of the is necessary to have a free and open successful slogans given by different discussion about who is a better political parties in various elections. representative, which party will make a better government or what The Congress party led by Indira is a good policy. This is what happens Gandhi gave the slogan of Garibi during election campaigns. Hatao (Remove poverty) in the Lok Sabha elections of 1971. The In our country such campaigns party promised to reorient all the take place for a two-week period policies of the government to between the announcement of the remove poverty from the country. final list of candidates and the date Save Democracy was the slogan of polling. During this period the candidates contact their voters, given by Janata Party under the political leaders address election meetings and political parties leadership of Jayaprakash Narayan, mobilise their supporters. This is also the period when newspapers in the Lok Sabha election held in and television news are full of 1977. The party promised to undo election related stories and debates. the excesses committed during But election campaign is not limited Emergency and restore civil to these two weeks only. Political liberties. parties start preparing for elections The Left Front used the slogan of months before they actually take Land to the Tiller in the West place. Bengal Assembly elections held in 1977. ACTIVITY ‘Protect the Self-Respect of the Telugus’ was the slogan used by N. What was the election campaign like in your T. Rama Rao, the leader of the constituency in the last Lok Sabha elections? Telugu Desam Party in Andhra Prepare a list of what the candidates and parties Pradesh Assembly elections in said and did. 1983. In a democracy it is best to leave political parties and candidates free to conduct their election campaigns the way they want to. But it is sometimes necessary to regulate 44 DEMOCRATIC POLITICS 2019-20

campaigns to ensure that every Use government vehicles, aircrafts political party and candidate gets a and officials for elections; and fair and equal chance to compete. Once elections are announced, According to our election law, no Ministers shall not lay foundation party or candidate can: stones of any projects, take any big policy decisions or make any Bribe or threaten voters; promises of providing public facilities. Appeal to them in the name of caste or religion; Polling and counting of votes Use government resources for election campaign; and The final stage of an election is the Spend more than ` 25 lakh in a day when the voters cast or ‘poll’ constituency for a Lok Sabha election their vote. That day is usually called or ` 10 lakh in a constituency in an the election day. Every person whose Assembly election. name is on the voters’ list can go to If they do so, their election can be a nearby ‘polling booth’, situated rejected by the court even after they usually in a local school or a have been declared elected. In government office. Once the voter addition to the laws, all the political goes inside the booth, the election parties in our country have agreed officials identify her, put a mark on to a Model Code of Conduct for her finger and allow her to cast her election campaigns. According to vote. An agent of each candidate is this, no party or candidate can: allowed to sit inside the polling Use any place of worship for booth and ensure that the voting election propaganda; takes place in a fair way. Draw a cartoon here about the Model Code of Conduct Are the elections too expensive for the guidance of political parties and candidates for our country? during elections. A large amount of money is spent in conducting elections in India. For instance, the government spent about `3,500 crores in conducting Lok Sabha elections in 2014. That works out to about `40 per person on the voters’ list. The amount spent by parties and candidates was more than what the government spent. Roughly speaking, the expenditure made by government, parties and candidates was around `30,000 crores or `500 per voter. Some people say that elections are a burden on our people, that our poor country cannot afford to hold elections once every five years. Let us compare this expenditure with some other figures: In 2005, our government decided to buy six nuclear submarines from France. Each subma- rine cost about `3,000 crores. Delhi hosted the Commonwealth Games in 2010. The estimate for its cost is around `20,000 crores. Are the elections too expensive? You decide. ELECTORAL POLITICS 45 2019-20

Election result in Gulbarga Let us go back to our example of Gulbarga. In 2014, a total of 8 candidates contested elections in that constituency. The total eligible voters were 17.21 lakhs. Of these 9.98 lakh voters had cast their votes. The candidate of the Congress party, Mallikarjun Kharge secured about 5.07 lakh votes. This was 50.82 percent of the total votes polled. But since he had secured more votes than anyone else, he was declared elected a Member of Parliament from Gulbarga Lok Sabha constituency. Election Result of Gulbarga constituency, GENERAL ELECTION TO LOK SABHA, 2014 CANDIDATE PARTY VOTES POLLED % OF VOTES 1.57 D.G. Sagar JD(S) 15690 50.82 1.14 Mallikarjun Kharge INC 507193 43.33 0.91 Danni Mahadev B. BSP 11428 0.50 0.29 Revunaik Belamagi BJP 432460 0.41 0.99 B.T. Lalitha Naik AAAP 9074 S.M. Sharma SUCI 4943 Shankar Jadhav BHPP 2877 Ramu IND 4085 None of the Above NOTA 9888 Why are party agents present in What is the percentage of voters who had actually cast their votes? the polling booth To win an election is it necessary for a person to secure more than half the votes polled? and the counting centre? Earlier the voters used to indicate secure place. A few days later, on a who they wanted to vote for by putting fixed date, all the EVMs from a a stamp on the ballot paper. A ballot constituency are opened and the paper is a sheet of paper on which votes secured by each candidate are the names of the contesting counted. The agents of all candidates candidates along with party name are present there to ensure that the and symbols are listed. Nowadays counting is done properly. The electronic voting machines (EVM) are candidate who secures the highest used to record votes. The machine number of votes from a constituency shows the names of the candidates is declared elected. In a general and the party symbols. Independent election, usually the counting of votes candidates too have their own in all the constituencies takes place symbols, allotted by election commission. at the same time, on the same day. All that the voter has to do is to press Television channels, radio and the button against the name of the newspapers report this event. Within candidate she wants to give her vote. a few hours of counting,all the results are declared and it becomes clear as Once the polling is over, all the to who will form the next government. EVMs are sealed and taken to a Identify the fair and the unfair electoral practices among the following: CHECK A minister flags off a new train in his constituency a week before polling day. YOUR A candidate promises that she will get a new train for her constituency if she is elected. PROGRESS Supporters of a candidate take the voters to a temple and make them take an oath that they will vote for him. The supporters of a candidate distribute blankets in slums in return for a promise for vote. 46 DEMOCRATIC POLITICS 2019-20

3.3 WHAT MAKES ELECTIONS IN INDIA DEMOCRATIC? We get to read a lot about unfair Election Commissioner (CEC) is practices in elections. Newspapers appointed by the President of India. and television reports often refer to But once appointed, the Chief such allegations. Most of these Election Commissioner is not reports are about the following: answerable to the President or the Inclusion of false names and government. Even if the ruling party exclusion of genuine names in the or the government does not like what voters’ list; the Commission does, it is virtually Misuse of government facilities impossible for it to remove the CEC. and officials by the ruling party; Very few election commissions in Excessive use of money by rich the world have such wide-ranging For more details about candidates and big parties; and powers as the Election Commission the Election Commission Intimidation of voters and rigging of India. on the polling day. of India, Many of these reports are correct. EC takes decisions on every aspect visit We feel unhappy when we read or of conduct and control of elections see such reports. But fortunately from the announcement of https://eci.gov.in they are not on such a scale so as to elections to the declaration of defeat the very purpose of elections. results. Why does the This becomes clear if we ask a basic It implements the Code of Election question: Can a party win an Conduct and punishes any election and come to power not candidate or party that violates it. Commission have because it has popular support but During the election period, the EC so much powers? through electoral malpractices? This can order the government to follow is a vital question. Let us carefully some guidelines, to prevent use Is this good for examine various aspects of this and misuse of governmental power democracy? question. to enhance its chances to win elections, or to transfer some government officials. Independent Election When on election duty, govern- Commission ment officers work under the con- trol of the EC and not the govern- One simple way of checking whether ment. elections are fair or not is to look at In the last 25 years or so, the who conducts the elections. Are they Election Commission has begun to independent of the government? Or exercise all its powers and even can the government or the ruling party expand them. It is very common now influence or pressurise them? Do they for the Election Commission to have enough powers to be able to reprimand the government and conduct free and fair elections? Do administration for their lapses. When they actually use these powers? election officials come to the opinion that polling was not fair in some booths The answer to all these questions or even an entire constituency, they is quite positive for our country. In order a repoll. The ruling parties often our country elections are conducted do not like what the EC does. But they by an independent and very powerful have to obey. This would not have Election Commission (EC). It enjoys the same kind of independence that happened if the EC was not the judiciary enjoys. The Chief independent and powerful. ELECTORAL POLITICS 47 2019-20

EC issues notification constituting 14th Photo I-cards not mandatory in Bihar Lok Sabha polls CHECK EC tightens norms for poll expenses EC accepts new Haryana DGP YOUR PROGRESS EC will seek power to censure EC to visit Gujarat again, review poll political ads arrangements EC says no immediate plan to ban HC asks EC to bar ‘criminal’ netas Exit Polls EC shoots down HM advice on EC orders repoll in 398 more booths poll reforms EC to keep closer eye on hidden poll costs Read these headlines carefully and identify which powers are used by the Election Commission in each instance to ensure free and fair elections. Popular participation 1 People’s participation in election is usually measured by voter Another way to check the quality of turnout figures. Turnout indicates the election process is to see the per cent of eligible voters who whether people participate in it with actually cast their vote. Over the enthusiasm. If the election process last fifty years, the turnout in is not free or fair, people will not Europe and North America has continue to participate in the declined. In India the turnout has exercise. Now, read these charts either remained stable or actually and draw some conclusions about gone up. participation in India: 1 VOTER TURNOUT IN INDIA AND THE UK VOTER TURNOUT (%) 90 72 UK 66 58 62 60 INDIA 66 80 78 70 59 60 56 50 40 30 20 10 1991 2015 ELECTION YEAR 48 DEMOCRATIC POLITICS 2019-20

2 In India the poor, illiterate and 4 The interest of voters in election- underprivileged people vote in related activities has been larger proportion as compared to increasing over the years. During the rich and privileged sections. the 2004 elections, more than one- This is in contrast to western third voters took part in a democracies. For example in the campaign-related activities. More United States of America, poor than half of the people identified people, African Americans and themselves as being close to one Hispanics vote much less than the or the other political party. One rich and the white people. out of every seven voters is a member of a political party. 2 VOTER TURNOUT IN INDIA AND US BY SOCIAL GROUPS, 2004 4 THOSE WHO PARTICIPATED IN ANY ELECTION RELATED ACTIVITY IN INDIA INDIA US 70 56 58 60 61 60 Source: National Election Study 1996-2004, CSDS. 60 56 40 32 VOTER TURNOUT (%) 30 21 (%)50 20 8 13 10 40 28 1996 1998 1999 2004 30 ELECTION YEAR 20 10 Upper OBC SC ST White Black Hispanic Caste SOCIAL GROUPS Source: Figures for India 3 Common people in India attach a ACTIVITY from National Election lot of importance to elections. Study 2004, CSDS. They feel that through elections Ask the eligible voters in your family whether they Figures for US from they can bring pressure on voted in the last election to the Lok Sabha or to National Election Study political parties to adopt policies the state assembly. If they did not, ask them why 2004, University of and programmes favourable to did they not vote. If they did, ask them which party Michigan. them. They also feel that their vote and candidate they voted for and why. Also ask matters in the way things are run them whether they had participated in any other in the country. election-related activity like attending an election meeting or rally etc. 3 DO YOU THINK YOUR VOTE MAKES A DIFFERENCE? Has effect 15% Acceptance of election Has no effect outcome Don’t know 18% 67% One final test of the free and fairness of election has in the outcome itself. Source: National Election If elections are not free or fair, the Study 2004, CSDS. outcome always favours the powerful. In such a situation, the ruling parties do not lose elections. Usually, the ELECTORAL POLITICS 49 2019-20

losing party does not accept the The leader is coming out of a pressIrfan Khan read outcome of a rigged election. conference: “What was the need to say that we ©Nerilicon, El Economista, Cagle Cartoons Inc. the have distributed tickets only amongst suitable cartoon The outcome of India’s elections and winnable family relations?” Do you think speaks for itself: Titled ‘Electoral that family politics is confined to only a few Campaigns’, this The ruling parties routinely lose states or parties? cartoon was drawn in elections in India both at the the Latin American national and state level. In fact in Questions of this kind bring the context. Does this every two out of the three elections many limitations and challenges of held in the last 25 years, the Indian elections to our attention. apply to India ruling party lost. These include : and to other In the US, an incumbent or ‘sitting’ democracies elected representative rarely loses in the world? an election. In India about half of the sitting MPs or MLAs lose elections. Candidates who are known to have spent a lot of money on ‘buying votes’ and those with known criminal connections often lose elections. Barring very few disputed elections, the electoral outcomes are usually accepted as ‘people’s verdict’ by the defeated party. Challenges to free and fair elections All this leads to a simple conclusion: elections in India are basically free and fair. The party that wins an elec- tion and forms government does so because people have chosen it over its rivals. This may not be true for every constituency. A few candidates may win purely on the basis of money power and unfair means. But the overall verdict of a general elec- tion still reflects popular preference. There are very few exceptions to this rule in the last 60 years in our country. This is what makes Indian elections democratic. Yet the picture looks different if we ask deeper questions: Are people’s preferences based on real knowledge? Are the voters getting a real choice? Is election really level playing field for everyone? Can an ordinary citizen hope to win elections? 50 DEMOCRATIC POLITICS 2019-20

Is this an accurate R.K. Laxman, The Times of India picture of what happens to the voter before and after elections? Must this always happen in a democracy? Can you think of examples when this did not happen? read the cartoon Candidates and parties with a lot similar to each other both in of money may not be sure of their policies and practice. victory but they do enjoy a big and Smaller parties and independent unfair advantage over smaller candidates suffer a huge parties and independents. disadvantage compared to bigger In some parts of the country, parties. candidates with criminal connection These challenges exist not just in have been able to push others out of India but also in many established the electoral race and to secure a democracies. These deeper issues are a matter of concern for those who ‘ticket’ from major parties. believe in democracy. That is why Some families tend to dominate citizens, social activists and political parties; tickets are organisations have been demanding distributed to relatives from these reforms in our electoral system. Can you think of some reforms? What families. can an ordinary citizen do to face Very often elections offer little these challenges? choice to ordinary citizens, for both the major parties are quite CHECK Here are some facts on Indian elections. Comment on each of these to say whether they reflect the YOUR strength or the weakness of our electoral system: PROGRESS The 16th Lok Sabha has 12 per cent women members. The Election Commission often refuses to accept the government’s advice about when the elections should be held. The 16th Lok Sabha has more than 440 members whose assets are more than Rs.1 crore. After losing an election the Chief Minister said: “I respect the people’s verdict”. ELECTORAL POLITICS 51 2019-20

Code of Conduct: A set of norms and guidelines to be followed by GLOSSARY political parties and contesting candidates during election time. Constituency: Voters in a geographical area who elect a representative to the legislative bodies. Incumbent: The current holder of a political office. Usually the choice for the voters in elections is between the incumbent party or candidate and those who oppose them. Level playing field: Condition in which all parties and candidates contesting in an election have equal opportunities to appeal for votes and to carry out election campaign. Rigging: Fraud and malpractices indulged by a party or candidate to increase its votes. It includes stuffing ballot boxes by a few persons using the votes of others; recording multiple votes by the same person; and bribing or coercing polling officers to favour a candidate. Turnout: The percentage of eligible voters who cast their votes in an election. 1 Which of the following statements about the reasons for conducting exercises elections are false? a Elections enable people to judge the performance of the government. b People select the representative of their choice in an election. c Elections enable people to evaluate the performance of the judiciary. d People can indicate which policies they prefer. 2 Which of these is not a good reason to say that Indian elections are democratic? a India has the largest number of voters in the world. b India’s Election Commission is very powerful. c In India, everyone above the age of 18 has a right to vote. d In India, the losing parties accept the electoral verdict. 3 Match the following : a It is necessary to keep the voters i there is a fair representation of all sections of our society list up to date because b Some constituencies are ii everyone has equal opportunity to elect their reserved for SCs and STs so that representative c Everyone has one and only one iii all candidates must have a fair chance of competing in vote so that elections d Party in power is not allowed to iv some people may have moved use government vehicles away from the area where they because voted last 52 DEMOCRATIC POLITICS 2019-20

exercises 4 List all the different election related activities mentioned in the chapter and arrange them in a time sequence, beginning with the first activity and ending with the last. Some of these activities are given below: releasing election manifestos; counting of votes; making of voters’ list; election campaign; declaration of election results; casting of votes; ordering of re-poll; announcing election schedule; filing nomination. 5 Surekha is an officer in-charge of ensuring free and fair elections in an assembly constituency in a state. Describe what should she focus on for each of the following stages of election: a Election campaign b Polling day c Counting day 6 The table below gives the proportion of different communities among the candidates who won elections to the US Congress. Compare these to the proportion of these communities in the population of the US. Based on this, would you suggest a system of reservations in the US Congress? If yes, why and for which communities? If no, why not? Proportion of the community (in per cent) in the House of Population of US representatives Blacks 8 13 Hispanics Whites 5 13 86 70 7 Can we draw the following conclusions from the information given in this chapter? Give two facts to support your position for each of these. a Election Commission of India does not have enough powers to conduct free and fair elections in the country. b There is a high level of popular participation in the elections in our country. c It is very easy for the party in power to win an election. d Many reforms are needed to make our elections completely free and fair. 8 Chinappa was convicted for torturing his wife for dowry. Satbir was held guilty of practicing untouchability. The court did not allow either of them to contest elections. Does this decision go against the principles of democratic elections? 9 Here are some reports of electoral malpractices from different parts of the world. Is there anything that these countries can learn from India to improve their elections? What would you suggest in each case? a During an election in Nigeria, the officer in charge of counting votes deliberately increased the votes of one candidate and declared ELECTORAL POLITICS 53 2019-20

him elected. The court later found out that more than five lakh exercises votes cast for one candidate were counted in favour of another. b Just before elections in Fiji, a pamphlet was distributed warning voters that a vote for former Prime Minister, Mahendra Chaudhry will lead to bloodshed. This was a threat to voters of Indian origin. c In the US, each state has its own method of voting, its own procedure of counting and its own authority for conducting elections. Authorities in the state of Florida took many controversial decisions that favoured Mr. Bush in the presidential elections in 2000. But no one could change those decisions. 10 Here are some reports of malpractices in Indian elections. Identify what the problem in each case is. What should be done to correct the situation? a Following the announcement of elections, the minister promised to provide financial aid to reopen the closed sugar mill. b Opposition parties alleged that their statements and campaign was not given due attention in Doordarshan and All India Radio. c An inquiry by the Election Commission showed that electoral rolls of a state contain name of 20 lakh fake voters. d The hoodlums of a political party were moving with guns, physically preventing supporters of other political parties to meet the voters and attacking meetings of other parties. 11 Ramesh was not in class when this chapter was being taught. He came the next day and repeated what he had heard from his father. Can you tell Ramesh what is wrong with these statements? a Women always vote the way men tell them to. So what is the point of giving them the right to vote? b Party politics creates tension in society. Elections should be decided by consensus not by competition. c Only graduates should be allowed to stand as candidates for elections. Assembly elections are usually held every year in a few states of the country. You can collect information about the elections that take place during this session. While collecting news items, divide these into three parts: Important events that took place before the election – main agenda discussed by political parties; information about people’s demand; role of the Election Commission. Important events on the day of the election and counting – turnout in elections; reports of malpractice; re-polls; the types of predictions made; and the final outcome. Post elections – reasons offered by political parties for winning or losing elections; analysis of the election verdict by the media; selection of the Chief Minister. 54 DEMOCRATIC POLITICS 2019-20

National Voters’ Day (NVD) Pledge Is Electoral Literacy Club (ELC) functioning in your school? For details about Systematic Voters’ We, the citizens of India, having abiding faith in Education and Electoral Participation (SVEEP) democracy, hereby pledge to uphold the democratic programme of the Election Commission of India, traditions of our country and the dignity of free, fair visit http://ecisveep.nic.in and peaceful elections, and to vote in every election fearlessly and without being influenced by considerations of religion, race, caste, community, language or any inducement. How did your school celebrate the National Voters’ Day on 25th January? Did you take the NVD Pledge? The tableau of the Election Commission of India passes through the Rajpath, New Delhi, on the occasion of the 67th Republic Day Parade in 2016. 55 2019-20

CHAPTER 4 Working of Institutions OVERVIEW Democracy is not just about people electing their rulers. In a democracy the rulers have to follow some rules and procedures. They have to work with and within institutions. This chapter is about the working of such institutions in a democracy. We try to understand this by looking at the manner in which major decisions are taken and implemented in our country. We also look at how disputes regarding these decisions are resolved. In this process we come across three institutions that play a key role in major decisions – legislature, executive and judiciary. You have already read something about these institutions in earlier classes. Here we shall quickly summarise those and move on to asking larger questions. In the case of each institution we ask: What does this institution do? How is this institution connected to other institutions? What makes its functioning more or less democratic? The basic objective here is to understand how all these institutions together carry on the work of government. Sometimes we compare these with similar institutions in other democracies. In this chapter we take our examples from the working of the national level government called Central Government, Union Government, or just Government of India. While reading this chapter, you can think of and discuss examples from the working of the government in your state. 56 DEMOCRATIC POLITICS 2019-20

4.1 HOW IS A MAJOR POLICY DECISION TAKEN? A Government Order Pensions, signed the Order. It was quite short, barely one page. It On August 13, 1990, the Government looked like any ordinary circular or of India issued an Order. It was notice that you may have seen in called an Office Memorandum. Like school. The government issues hun- all government orders, it had a num- dreds of orders every day on differ- ber and is known by that: O. M. No. ent matters. But this one was very 36012/31/90-Est (SCT), dated important and became a source of 13.8.1990. The Joint Secretary, an controversy for several years. Let us officer in the Department of Person- see how the decision was taken and nel and Training in the Ministry of what happened later. Personnel, Public Grievances and WORKING OF INSTITUTIONS 57 2019-20

This Order announced a major So, were all these people involved Is every Office policy decision. It said that 27 per in this decision regarding the Office Memorandum a cent of the vacancies in civil posts Memorandum? Let us find out. major political and services under the Government decision? If not, of India are reserved for the Socially ACTIVITY what made this and Educationally Backward Classes one different? (SEBC). SEBC is another name for all Which points, other than the ones mentioned those people who belong to castes above, do you recall about these institutions Now I can see that are considered backward by the from the previous class? Discuss in class. clearly! That is why government. The benefit of job res- Can you think of a major decision made by ervation was till then available only your state government? How were the Gover- they talk of to Scheduled Castes and Scheduled nor, the Council of Ministers, the state assem- Mandalisation of Tribes. Now a new third category bly and the courts involved in that decision? politics. Don’t they? called SEBC was introduced. Only persons who belong to backward This Office Memorandum was the classes were eligible for this quota culmination of a long chain of of 27 per cent jobs. Others could not events. The Government of India had compete for these jobs. appointed the Second Backward Classes Commission in 1979. It was The Decision Makers headed by B.P. Mandal. Hence it was popularly called the Mandal Who decided to issue this Commission. It was asked to Memorandum? Clearly, such a big determine the criteria to identify the decision could not have been taken socially and educationally backward by the person who signed that classes in India and recommend document. The officer was merely steps to be taken for their implementing the instructions given advancement. The Commission gave by the Minister of Personnel, Public its Report in 1980 and made many Grievances and Pensions, of which recommendations. One of these was the Department was a part. We can that 27 per cent of government jobs guess that such a major decision be reserved for the socially and would have involved other major educationally backward classes. functionaries in our country. You The Report and recommendations have already read in the previous were discussed in the Parliament. class about some of them. Let us go over some of the main points that For several years, many you covered then: parliamentarians and parties kept demanding the implementation of President is the head of the state the Commission’s recommendations. and is the highest formal authority Then came the Lok Sabha election in the country. of 1989. In its election manifesto, Prime Minister is the head of the the Janata Dal promised that if voted government and actually exercises to power, it would implement the all governmental powers. He takes Mandal Commission report. The most of the decisions in the Janata Dal did form the government Cabinet meetings. after this election. Its leader V. P. Parliament consists of the Singh became the Prime Minister. President and two Houses, Lok Several developments took place Sabha and Rajya Sabha. The Prime after that: Minister must have the support of a majority of Lok Sabha members. 58 DEMOCRATIC POLITICS 2019-20

read The President of India in his were full of different views and the address to the Parliament opinions on this issue. It led to image announced the intention of the widespread protests and counter- government to implement the protests, some of which were violent. Reservation debate recommendations of the Mandal People reacted strongly because this was such an Commission. decision affected thousands of job On 6 August 1990, the Union opportunities. Some felt that important issue during Cabinet took a formal decision to existence of inequalities among 1990-91 that implement the recommendations. people of different castes in India Next day Prime Minister V.P. Singh necessitated job reservations. They advertisers used this informed the Parliament about felt, this would give a fair theme to sell their this decision through a statement opportunity to those communities products. Can you in both the Houses of Parliament. who so far had not adequately been The decision of the Cabinet was represented in government spot some references sent to the Department of Personnel employment. to political events and and Training. The senior officers of debates in these Amul the Department drafted an order in Others felt that this was unfair as line with the Cabinet decision and it would deny equality of opportunity Butter hoardings? took the minister’s approval. An to those who did not belong to officer signed the order on behalf of backward communities. They would ©GCMMF India the Union Government. This was be denied jobs even though they how O.M. No. 36012/ 31/90 was could be more qualified. Some felt born on 13 August 1990. that this would perpetuate caste For the next few months, this was feelings among people and hamper the most hotly debated issue in the national unity. In this chapter we country. Newspapers and magazines won’t discuss whether the decision was good or not. We only take this example to understand how major decisions are taken and implemented in the country. Who resolved this dispute? You know that the Supreme Court and the High Courts in India settle disputes arising out of governmental decisions. Some persons and associations opposed to this order filed a number of cases in the courts. They appealed to the courts to declare the order invalid and stop its implementation. The Supreme Court of India bunched all these cases together. This case was known as the ‘Indira Sawhney and others Vs Union of India case’. Eleven judges of the Supreme Court heard arguments of both sides. By a majority, the Supreme Court judges in 1992 declared that this order of the Government of India was valid. At the same time the Supreme Court asked the government to modify its WORKING OF INSTITUTIONS 59 2019-20

original order. It said that well-to- Personnel and Training issued do persons among the backward another Office Memorandum on classes should be excluded from 8 September 1993. The dispute getting the benefit of reservation. thus came to an end and this policy Accordingly, the Department of has been followed since then. Who did what in this case of reservations for backward classes? Supreme Court Made formal announcement about this decision Cabinet Implemented the decision by issuing an order CHECK YOUR President Took the decision to give 27% job reservations PROGRESS Government Officials Upheld reservations as valid Need for Political Institutions of each institution. In the example Which institutions above, we saw several such are at work in the We have seen one example of how institutions at work. running of your the government works. Governing a school? Would it country involves various such The Prime Minister and the be better if one activities. For example, the Cabinet are institutions that take person alone took government is responsible for all important policy decisions. all the decisions ensuring security to the citizens and The Civil Servants, working regarding providing facilities for education together, are responsible for management of and health to all. It collects taxes taking steps to implement the your school? and spends the money thus raised ministers’ decisions. on administration, defence and Supreme Court is an institution development programmes. It where disputes between citizens formulates and implements several and the government are finally welfare schemes. Some persons have settled. to take decisions on how to go about Can you think of some other insti- these activities. Others have to tutions in this example? What is implement these decisions. If their role? disputes arise on these decisions or Working with institutions is not in their implementation, there should easy. Institutions involve rules and be someone to determine what is regulations. This can bind the hands right and what is wrong. It is of leaders. Institutions involve important that everyone should meetings, committees and routines. know who is responsible for doing This often leads to delays and what. It is also important that these complications. Therefore dealing activities keep taking place even if with institutions can be frustrating. the persons in key positions change. One might feel that it is much better to have one person take all decisions So, to attend to all these tasks, without any rules, procedures and several arrangements are made in meetings. But that is not the spirit all modern democracies. Such of democracy. Some of the delays arrangements are called institutions. and complications introduced by A democracy works well when these institutions are very useful. They institutions perform functions provide an opportunity for a wider assigned to them. The Constitution set of people to be consulted in any of any country lays down basic decision. Institutions make it rules on the powers and functions 60 DEMOCRATIC POLITICS 2019-20

difficult to have a good decision through a bad decision. That is why taken very quickly. But they also democratic governments insist on make it equally difficult to rush institutions. 4.2 PARLIAMENT In the example of the Office class and try to imagine what Memorandum, do you remember Parliament could have done if it did the role of Parliament? Perhaps not. not approve of the Cabinet’s Since this decision was not taken decision. by Parliament, you might think that Parliament had no role in it. But let Why do we need a us go back to the story and see Parliament? whether Parliament figures in it. Let us recall the points made earlier by In all democracies, an assembly of completing the following sentences: elected representatives exercises supreme political authority on The Report of the Mandal behalf of the people. In India such a Commission was discussed … national assembly of elected The President of India mentioned representatives is called Parliament. this in his … At the state level this is called The Prime Minister made a … Legislature or Legislative Assembly. The decision was not directly taken The name may vary in different in Parliament. But Parliamentary countries, but such an assembly discussions on the Report influenced exists in every democracy. It and shaped the decision of the exercises political authority on government. They brought pressure behalf of the people in many ways: on the government to act on the Mandal recommendation. If 1 Parliament is the final authority for Parliament was not in favour of this making laws in any country. This decision, the Government could not task of law making or legislation have gone ahead with it. Can you is so crucial that these assemblies guess why? Recall what you read are called legislatures. Parliaments about Parliament in the earlier all over the world can make new laws, change existing laws, or Irfan Khan abolish existing laws and make new ones in their place. 2 Parliaments all over the world exercise some control over those who run the government. In some countries like India this control is direct and full. Those who run the government can take decisions only so long as they enjoy support of Parliament. 3 Parliaments control all the money that governments have. In most countries the public money can be spent only when Parliament sanctions it. WORKING OF INSTITUTIONS 61 2019-20

4 Parliament is the highest forum of Which of the two Houses is more What is the point in discussion and debate on public powerful? It might appear that the having so much issues and national policy in any Rajya Sabha is more powerful, for debate and country. Parliament can seek sometimes it is called the ‘Upper discussion in the information about any matter. Chamber’ and the Lok Sabha the Parliament when ‘Lower Chamber’. But this does not we know that the Two Houses of Parliament mean that Rajya Sabha is more view of the ruling powerful than Lok Sabha. This is party is going to Since Parliament plays a central just an old style of speaking and not prevail? role in modern democracies, most the language used in our large countries divide the role and Constitution. powers of Parliament in two parts. They are called Chambers or Our Constitution does give the Houses. One House is usually Rajya Sabha some special powers directly elected by the people and over the states. But on most matters, exercises the real power on behalf the Lok Sabha exercises supreme of the people. The second House is power. Let us see how: usually elected indirectly and 1 Any ordinary law needs to be performs some special functions. The most common work for the passed by both the Houses. But if second House is to look after the there is a difference between the interests of various states, regions two Houses, the final decision is or federal units. taken in a joint session in which members of both the Houses sit In our country, Parliament together. Because of the larger consists of two Houses. The two number of members, the view of Houses are known as the Council of the Lok Sabha is likely to prevail States (Rajya Sabha) and the House in such a meeting. of the People (Lok Sabha). The 2 Lok Sabha exercises more powers President of India is a part of in money matters. Once the Lok Parliament, although she is not a Sabha passes the budget of the member of either House. That is why government or any other money all laws made in the Houses come related law, the Rajya Sabha into force only after they receive the cannot reject it. The Rajya Sabha assent of the President. can only delay it by 14 days or suggest changes in it. The Lok You have read about the Indian Sabha may or may not accept Parliament in earlier classes. From these changes. the Chapter 3 you know how Lok Sabha elections take place. Let us ACTIVITY recall some key differences between the composition of these two Houses When Parliament is in session, there is a special of Parliament. Answer the following programme everyday on Doordarshan about the for the Lok Sabha and the Rajya proceedings in Lok Sabha and Rajya Sabha. Watch Sabha: the proceedings or read about it in the newspapers and note the following: What is the total number of members? … Powers of the two Houses of Parliament. Who elects the members? … Role of the Speaker. What is the length of the term (in Role of the Opposition. years)? … Can the House be dissolved or is it permanent? … 62 DEMOCRATIC POLITICS 2019-20

3 Most importantly, the Lok Sabha majority of the Lok Sabha members controls the Council of Ministers. say they have ‘no confidence’ in the Only a person who enjoys the Council of Ministers, all ministers support of the majority of the including the Prime Minister, have members in the Lok Sabha is to quit. The Rajya Sabha does not appointed the Prime Minister. If the have this power. A day in the life of the Lok Sabha 7 December 2004 was an ordinary day in the life of Railways in addition to that sanctioned in the the Fourteenth Lok Sabha. Let us take a look at what Railway Budget. happened in the course of that day. Identify the role and powers of the parliament on the basis of the The Minister of Human Resource Development proceedings for the day as given below. You can introduced the National Commission for Minority also enact this day in your classroom. Educational Institutions Bill, 2004. He also gave a statement explaining why the government had to 11:00 Various ministries gave bring an ordinance for this. written answers to about 250 questions that were asked by 12:14 Several members highlighted members. These included: some issues, including: What is the government’s policy on talking to militant groups in Kashmir? The vindictiveness of the Central Bureau of What are the figures of atrocities against Investigation (CBI) in registering cases against Scheduled Tribes, including those inflicted by some leaders in the Tehelka case. the police? Need to include Rajasthani as an official What is the government doing about over- language in the Constitution. pricing of medicines by big companies? Need to renew the insurance policies of farmers and agricultural workers of Andhra 12:00 A large number of official Pradesh. documents were presented and were available for discussion. These 2:26 Two bills proposed by the included: government were considered and Recruitment rules for the Indo-Tibetan Border passed. These were: Police Force The Securities Laws (Amendment) Bill Annual Repor t of the Indian Institute of The Enforcement of Security Interest and Technology, Kharagpur Recovery of Debts Laws (Amendment) Bill Report and accounts of Rashtriya Ispat Nigam Limited, Visakhapatnam 4:00 Finally, there was a long discussion regarding the foreign 12:02 The Minister of Development policy of the government and the of North Eastern Region made a need to continue an independent statement regarding Revitalisation of foreign policy in the context of the the North Eastern Council. situation in Iraq. The Minister of State for Railways presented a statement showing the grant needed by the 7:17 Discussion concluded. House adjourned for next day. WORKING OF INSTITUTIONS 63 2019-20

4.3 POLITICAL EXECUTIVE Do you remember the story of the executive in the case of the Office Office Memorandum with which we Memorandum? started this chapter? We found out that the person who signed the You might ask: Why does the document did not take this political executive have more power decision. He was only executing the than the non-political executive? policy decision taken by someone Why is the minister more powerful else. We noted the role of the Prime than the civil servant? The civil Minister in taking that decision. But servant is usually more educated we also know that he could not and has more expert knowledge of have taken that decision if he did the subject. The advisors working in not have support from the Lok Sabha. the Finance Ministry know more In that sense he was only executing about economics than the Finance the wishes of the Parliament. Minister. Sometimes the ministers may know very little about the Thus, at different levels of any technical matters that come under government we find functionaries their ministry. This could easily who take day-to-day decisions but happen in ministries like Defence, do not exercise supreme power on Industry, Health, Science and behalf of the people. All those Technology, Mines, etc. Why should functionaries are collectively known the minister have the final say on as the executive. They are called these matters? executive because they are in charge of the ‘execution’ of the policies of The reason is very simple. In a the government. Thus, when we talk democracy the will of the people is about ‘the government’ we usually supreme. The minister is an elected mean the executive. representative of the people and thus empowered to exercise the will Political and Permanent of the people on their behalf. She is Executive finally answerable to the people for all the consequences of her In a democratic country, two decision. That is why the minister categories make up the executive. takes all the final decisions. The One that is elected by the people for minister decides the overall a specific period, is called the framework and objectives in which political executive. Political leaders decisions on policy should be who take the big decisions fall in this made. The minister is not, and is not category. In the second category, expected to be, an expert in the people are appointed on a long-term matters of her ministry. The basis. This is called the permanent minister takes the advice of experts executive or civil services. Persons on all technical matters. But very working in civil services are called often experts hold different opinions civil servants. They remain in office or place before her more than one even when the ruling party changes. option. Depending on what the These officers work under political overall objective is, the minister executive and assist them in decides. carrying out the day-to-day administration. Can you recall the Actually this happens in any large role of political and non-political organisation. Those who understand the overall picture take the most 64 DEMOCRATIC POLITICS 2019-20

read important decisions, not the After the appointment of the Prime the experts. The experts can tell the Minister, the President appoints cartoon route, but someone with a larger other ministers on the advice of the view decides the destination. In a Prime Minister. The Ministers are The race to become democracy elected ministers usually from the party or the minister is not new. coalition that has the majority in the Here is a cartoon perform this role. Lok Sabha. The Prime Minister is depicting ministerial free to choose ministers, as long as aspirants waiting to Prime Minister and Council they are members of Parliament. get a berth in Nehru’s of Ministers Sometimes, a person who is not a member of Parliament can also Cabinet after the Prime Minister is the most become a minister. But such a 1962 elections. Why important political institution in the person has to get elected to one of do you think political country. Yet there is no direct the Houses of Parliament within six leaders are so keen to election to the post of the Prime months of appointment as minister. become ministers? Minister. The President appoints the Prime Minister. But the President Council of Ministers is the official cannot appoint anyone she likes. name for the body that includes all The President appoints the leader the Ministers. It usually has 60 to of the majority party or the coalition 80 Ministers of different ranks. of parties that commands a majority in the Lok Sabha, as Prime Minister. Cabinet Ministers are usually top- In case no single party or alliance level leaders of the ruling party or gets a majority, the President parties who are in charge of the appoints the person most likely to major ministries. Usually the secure a majority support. The Cabinet Ministers meet to take Prime Minister does not have a fixed decisions in the name of the tenure. He continues in power so Council of Ministers. Cabinet is long as he remains the leader of the thus the inner ring of the Council of Ministers. It comprises about 25 majority party or coalition. ministers. ©Shankar. Don’t Spare Me Ministers of State with indepen- dent charge are usually in-charge of smaller Ministries. They participate in the Cabinet meet- ings only when specially invited. Ministers of State are attached to and required to assist Cabinet Ministers. Since it is not practical for all ministers to meet regularly and discuss everything, the decisions are taken in Cabinet meetings. That is why parliamentary democracy in most countries is often known as the Cabinet form of government. The Cabinet works as a team. The ministers may have different views and opinions, but everyone has to own up to every decision of the Cabinet. WORKING OF INSTITUTIONS 65 2019-20

No minister can openly criticise ©R.K. Laxman, The Times of India any decision of the government, even if it is about another Ministry or Department. Every ministry has secretaries, who are civil servants. The secretaries provide the necessary background information to the ministers to take decisions. The Cabinet as a team is assisted by the Cabinet Secretariat. This includes many senior civil servants who try to coordinate the working of different ministries. ACTIVITY who is the most powerful. The read powers of the Prime Minister in all the List the names of five Cabinet Ministers and parliamentary democracies of the cartoon their ministries each at the Union level and in world have increased so much in your state. recent decades that parliamentary This cartoon depicts Meet the Mayor or Municipal Chairperson of democracies are some times seen as a cabinet meeting your town or the President of Zilla Parishad of Prime Ministerial form of chaired by Prime your district and ask him or her about how the government. As political parties have city, town or district is administered. come to play a major role in politics, Minister Indira Gandhi the Prime Minister controls the in early 1970s, at the Powers of the Cabinet and Parliament through the peak of her popularity. Prime Minister party. The media also contributes to Do you think similar this trend by making politics and The Constitution does not say very elections as a competition between cartoons could be much about the powers of the Prime top leaders of parties. In India too drawn about other Minister or the ministers or their we have seen such a tendency prime ministers who relationship with each other. But as towards the concentration of powers head of the government, the Prime in the hands of the Prime Minister. followed her? Minister has wide ranging powers. Jawaharlal Nehru, the first Prime He chairs Cabinet meetings. He Minister of India, exercised coordinates the work of different enormous authority because he had Departments. His decisions are final great influence over the public. in case disagreements arise between Indira Gandhi was also a very Departments. He exercises general powerful leader compared to her supervision of different ministries. colleagues in the Cabinet. Of course, All ministers work under his the extent of power wielded by a leadership. The Prime Minister Prime Minister also depends on the distributes and redistributes work personality of the person holding to the ministers. He also has the that position. power to dismiss ministers. When the Prime Minister quits, the entire However, in recent years the rise ministry quits. of coalition politics has imposed certain constraints on the power of Thus, if the Cabinet is the most the Prime Minister. The Prime powerful institution in India, within the Cabinet it is the Prime Minister 66 DEMOCRATIC POLITICS 2019-20

Why does this Minister of a coalition government of Parliament (MPs) and the elected book refer to the cannot take decisions as he likes. Members of the Legislative President as ‘she’? He has to accommodate different Assemblies (MLAs) elect her. A Have we ever had groups and factions in his party as candidate standing for President’s a woman President well as among alliance partners. He post has to get a majority of votes to also has to heed to the views and win the election. This ensures that in our country? positions of the coalition partners the President can be seen to and other parties, on whose support represent the entire nation. At the Did you protest the survival of the government same time the President can never when the book depends. claim the kind of direct popular referred to the mandate that the Prime Minister Prime Minister as The President can. This ensures that she remains ‘he’? Have we not only a nominal executive. had a woman While the Prime Minister is the head Prime Minister? of the government, the President is The same is true of the powers of Why should we the head of the State. In our political the President. If you casually read the assume that all the system the head of the State exercises Constitution you would think that important positions only nominal powers. The President there is nothing that she cannot do. are held by men? of India is like the Queen of Britain All governmental activities take place whose functions are to a large extent in the name of the President. All laws ceremonial. The President supervises and major policy decisions of the overall functioning of all the the government are issued in her political institutions in the country name. All major appointments are so that they operate in harmony to made in the name of the President. achieve the objectives of the State. These include the appointment of The President is not elected directly by the people. The elected Members Press Information Bureau The President, 67 Shri Pranab Mukherjee administering the oath of office of the Prime Minister to Shri Narendra Modi, at a Swearing-in Ceremony, at Rashtrapati Bhavan on 26 May 2014. WORKING OF INSTITUTIONS 2019-20

the Chief Justice of India, the When no party or coalition gets a read Judges of the Supreme Court and majority in the Lok Sabha, the the the High Courts of the states, the President exercises her discretion. image Governors of the states, the Election The President appoints a leader who Commissioners, ambassadors to in her opinion can muster majority What is better for a other countries, etc. All international support in the Lok Sabha. In such a democracy: A treaties and agreements are made in case, the President can ask the Prime Minister who the name of the President. The newly appointed Prime Minister to can do whatever President is the supreme prove majority support in the Lok he wishes or a commander of the defence forces of Sabha within a specified time. Prime Minister who India. needs to consult The Presidential System other leaders and But we should remember that the parties? President exercises all these powers Presidents all over the world are not always nomi- only on the advice of the Council of nal executives like the President of India. In many Ministers. The President can ask the countries of the world, the President is both the Council of Ministers to reconsider its head of the state and the head of the government. advice. But if the same advice is The President of the United States of America is given again, she is bound to act the most well known example of this kind of Presi- according to it. Similarly, a bill dent. The US President is directly elected by the passed by the Parliament becomes people. He personally chooses and appoints all a law only after the President gives Ministers. The law making is still done by the leg- assent to it. If the President wants, islature (called the Congress in the US), but the she can delay this for some time and president can veto any law. Most importantly, the send the bill back to Parliament for president does not need the support of the major- reconsideration. But if Parliament ity of members in the Congress and neither is he passes the bill again, she has to answerable to them. He has a fixed tenure of four sign it. years and completes it even if his party does not have a majority in the Congress. So you may wonder what does the President really do? Can she do This model is followed in most of the countries anything on her own at all? There is of Latin America and many of the ex-Soviet Union one very important thing she should countries. Given the centrality of the President, do on her own: appoint the Prime this system of government is called the Presiden- Minister. When a party or coalition tial form of government. In countries like ours that of parties secures a clear majority follow the British model, the parliament is su- in the elections, the President, has preme. Therefore our system is called the parlia- to appoint the leader of the majority mentary system of government. party or the coalition that enjoys majority support in the Lok Sabha. Eliamma, Annakutti and Marymol read the section on the President. Each of them had a question. Can CHECK you help them in answering these questions? YOUR Eliamma: What happens if the President and the Prime Minister disagree about some policy? Does the PROGRESS view of the Prime Minister always prevail? Annakutti: I find it funny that the President is the Supreme Commander of Armed Forces. I doubt if the President can even lift a heavy gun. What is the point in making the President the Com- mander? Marymol: I would say, what is the point in having a President at all if all the real powers are with the Prime Minister? 68 DEMOCRATIC POLITICS 2019-20

4.4 THE JUDICIARY It is quite common in Let us return, one final time, to the ACTIVITY the US for judges to story of Office Memorandum that we be nominated on the started with. This time let us not Follow the news about any major court case in a basis of well-known recall the story, but imagine how High Court or the Supreme Court. What was the political opinions and different the story could have been. original verdict? Did the High Court or the Remember, the story came to a Supreme Court change it? What was the reason? affiliations. This satisfactory end because the fictitious Supreme Court gave a verdict that This is why an independent and was accepted by everyone. Imagine powerful judiciary is considered advertisement what would have happened in the essential for democracies. All the appeared in the US in following situations: courts at different levels in a country 2005 when President put together are called the judiciary. Bush was considering If there was nothing like a The Indian judiciary consists of a various candidates for Supreme Court in the country. Supreme Court for the entire nation, nomination to the US Even if there was a Supreme High Courts in the states, District supreme court. What Court, if it had no power to judge Courts and the courts at local level. does this cartoon say actions of the government. India has an integrated judiciary. It Even if it had the power, if no one means the Supreme Court controls about the trusted the Supreme Court to give the judicial administration in the independence of the a fair verdict. country. Its decisions are binding on judiciary? Why do Even if it gave a fair judgement, if all other courts of the country. It can such cartoons not those who appealed against the take up any dispute Government Order did not accept appear in our the judgement. Between citizens of the country; country? Does this Between citizens and government; Between two or more state demonstrate the governments; and independence of our Between governments at the union and state level. judiciary? It is the highest court of appeal in civil and criminal cases. It can hear ©M.E. Cohen, National, Cagle Cartoons Inc. appeals against the decisions of the High Courts. Independence of the judiciary means that it is not under the control of the legislature or the executive. The judges do not act on the direction of the government or according to the wishes of the party in power. That is why all modern democracies have courts that are independent of the legislature and the executive. India has achieved this. The judges of the Supreme Court and the High Courts are appointed by the President on the advice of the Prime Minister and in WORKING OF INSTITUTIONS 69 2019-20

consultation with the Chief Justice Constitution. Thus they can Why are people of the Supreme Court. In practice it determine the Constitutional allowed to go to now means that the senior judges validity of any legislation or action courts against the of the Supreme Court select the new of the executive in the country, government’s judges of the Supreme Court and the when it is challenged before them. decisions? High Courts.There is very little scope This is known as the judicial review. for interference by the political The Supreme Court of India has also CHECK executive. The senior most judge of ruled that the core or basic YOUR the Supreme Court is usually principles of the Constitution cannot PROGRESS appointed the Chief Justice. Once be changed by the Parliament. a person is appointed as judge of the Supreme Court or the High Court it The powers and the independence is nearly impossible to remove him of the Indian judiciary allow it to act or her from that position. It is as as the guardian of the Fundamental difficult as removing the President Rights. We shall see in the next of India. A judge can be removed chapter that the citizens have a only by an impeachment motion right to approach the courts to seek passed separately by two-thirds remedy in case of any violation of members of the two Houses of the their rights. In recent years the Parliament. It has never happened Courts have given several in the history of Indian democracy. judgments and directives to protect public interest and human rights. The judiciary in India is also one Any one can approach the courts if of the most powerful in the world. public interest is hurt by the actions The Supreme Court and the High of government. This is called public Courts have the power to interpret interest litigation. The courts the Constitution of the country. They intervene to prevent the misuse of can declare invalid any law of the the government’s power to make legislature or the actions of the decisions. They check malpractices executive, whether at the Union on the part of public officials. That is level or at the state level, if they find why the judiciary enjoys a high level such a law or action is against the of confidence among the people. Give one reason each to argue that Indian judiciary is independent with respect to: Appointment of judges: … Removal of judges: … Powers of the judiciary: … The Chief Justice of India, Shri Justice J.S. Khehar administering the oath of the office of the President of India to Shri Ram Nath Kovind, at a swearing-in ceremony in the Central Hall of Parliament in New Delhi on 25 July 2017. 70 DEMOCRATIC POLITICS 2019-20

GLOSSARY Coalition government: A government formed by an alliance of two or more political parties, usually when no single party enjoys majority support of the members in a legislature. Executive: A body of persons having authority to initiate major policies, make decisions and implement them on the basis of the Constitution and laws of the country. Government: A set of institutions that have the power to make, implement and interpret laws so as to ensure an orderly life. In its broad sense, government administers and supervises over citizens and resources of a country. Judiciary: An institution empowered to administer justice and provide a mechanism for the resolution of legal disputes. All the courts in the country are collectively referred to as judiciary. Legislature: An assembly of people’s representatives with the power to enact laws for a country. In addition to enacting laws, legislatures have authority to raise taxes and adopt the budget and other money bills. Office Memorandum: A communication issued by an appropriate authority stating the policy or decision of the government. Political Institution: A set of procedures for regulating the conduct of government and political life in the country. Reservations: A policy that declares some positions in government employment and educational institutions ‘reserved’ for people and communities who have been discriminated against, are disadvantaged and backward. State: Political association occupying a definite territory, having an organised government and possessing power to make domestic and foreign policies. Governments may change, but the state continues. In common speech, the terms country, nation and state are used as synonyms. exercises 1 If you are elected as the President of India which of the following decision can you take on your own? a Select the person you like as Prime Minister. b Dismiss a Prime Minister who has a majority in Lok Sabha. c Ask for reconsideration of a bill passed by both the Houses. d Nominate the leaders of your choice to the Council of Ministers. 2 Who among the following is a part of the political executive? a District Collector b Secretary of the Ministry of Home Affairs c Home Minister d Director General of Police 3 Which of the following statements about the judiciary is false? a Every law passed by the Parliament needs approval of the Supreme Court b Judiciary can strike down a law if it goes against the spirit of the Constitution c Judiciary is independent of the Executive d Any citizen can approach the courts if her rights are violated WORKING OF INSTITUTIONS 71 2019-20

4 Which of the following institutions can make changes to an existing exercises law of the country? a The Supreme Court b The President c The Prime Minister d The Parliament 5 Match the ministry with the news that the ministry may have released: a A new policy is being made to i Ministry of Defence increase the jute exports from the country. b Telephone services will be made ii Ministry of Agriculture, Food more accessible to rural areas. and Public Distribution c The price of rice and wheat sold iii Ministry of Health under the Public Distribution System will go down. d A pulse polio campaign will be iv Ministry of Commerce launched. and Industry e The allowances of the soldiers v Ministry of Communications posted on high altitudes will and Information Technology be increased. 6 Of all the institutions that we have studied in this chapter, name the one that exercises the powers on each of the following matters. a Decision on allocation of money for developing infrastructure like roads, irrigation etc. and different welfare activities for the citizens b Considers the recommendation of a Committee on a law to regulate the stock exchange c Decides on a legal dispute between two state governments d Implements the decision to provide relief for the victims of an earthquake. 7 Why is the Prime Minister in India not directly elected by the people? Choose the most appropriate answer and give reasons for your choice. a In a Parliamentary democracy only the leader of the majority party in the Lok Sabha can become the Prime Minister. b Lok Sabha can remove the Prime Minister and the Council of Ministers even before the expiry of their term. c Since the Prime Minister is appointed by the President there is no need for it. d Direct election of the Prime Minister will involve lot of expenditure on election. 8 Three friends went to watch a film that showed the hero becoming Chief Minister for a day and making big changes in the state. Imran said this is what the country needs. Rizwan said this kind of a personal 72 DEMOCRATIC POLITICS 2019-20

exercises rule without institutions is dangerous. Shankar said all this is a fantasy. No minister can do anything in one day. What would be your reaction to such a film? 9 A teacher was making preparations for a mock parliament. She called two students to act as leaders of two political parties. She gave them an option: Each one could choose to have a majority either in the mock Lok Sabha or in the mock Rajya Sabha. If this choice was given to you, which one would you choose and why? 10 After reading the example of the reservation order, three students had different reactions about the role of the judiciary. Which view, according to you, is a correct reading of the role of judiciary? a Srinivas argues that since the Supreme Court agreed with the government, it is not independent. b Anjaiah says that judiciary is independent because it could have given a verdict against the government order. The Supreme Court did direct the government to modify it. c Vijaya thinks that the judiciary is neither independent nor conformist, but acts as a mediator between opposing parties. The court struck a good balance between those who supported and those who opposed the order. Collect newspapers for the last one week and classify the news related to the working of any of the institutions discussed in this chapter into four groups: Working of the legislatures Working of the political executive Working of the civil services Working of the judiciary WORKING OF INSTITUTIONS 73 2019-20

CHAPTER 5 DEMOCRATIC RIGHTS OVERVIEW In the previous two chapters we have looked at two major elements of a democratic government. In Chapter 3 we saw how a democratic government has to be periodically elected by the people in a free and fair manner. In Chapter 4 we learnt that a democracy must be based on institutions that follow certain rules and procedures. These elements are necessary but not sufficient for a democracy. Elections and institutions need to be combined with a third element – enjoyment of rights – to make a government democratic. Even the most properly elected rulers working through the established institutional process must learn not to cross some limits. Citizens’ democratic rights set those limits in a democracy. This is what we take up in this final chapter of the book. We begin by discussing some real life cases to imagine what it means to live without rights. This leads to a discussion on what we mean by rights and why do we need them. As in the previous chapters, the general discussion is followed by a focus on India. We discuss one by one the Fundamental Rights in the Indian Constitution. Then we turn to how these rights can be used by ordinary citizens. Who will protect and enforce them? Finally we take a look at how the scope of rights has been expanding. 74 DEMOCRATIC POLITICS 2019-20

5.1 LIFE WITHOUT RIGHTS In this book we have mentioned were quite central to the rights again and again. If you Constitution because … remember, we have discussed rights in each of the four preceding Chapter 3: Every adult citizen of chapters. Can you fill in the blanks India has the right to ... and to be ... by recalling the rights dimension in each chapter? Chapter 4: If a law is against the Constitution, every citizen has the Chapter 1: A comprehensive right to approach … definition of democracy includes … Let us now begin with three Chapter 2: Our Constitution makers examples of what it means to live in believed that fundamental rights the absence of rights. Dear Mr Tony Blair, Prison in Guantanamo Bay Firstly, how are you? I sent a About 600 people were secretly letter two years ago, why didn’t picked up by the US forces from all you reply?!? I was waiting for a over the world and put in a prison long time but you did not reply. in Guantanamo Bay, an area near Please can you give me an answer Cuba controlled by Amercian Navy. to my question? Why is my dad in Anas’s father, Jamil El-Banna, was prison? Why is he far away in among them. The American that Guantánamo Bay?! I miss my government said that they were dad so much. I have not seen my enemies of the US and linked to the dad for three years. I know my attack on New York on 11 dad has not done anything, September 2001. In most cases the because he is a good man. I hear governments of their countries were everybody speak about my dad in not asked or even informed about a nice way. Your children spend their imprisonment. Like other Christmas with you, but me and prisoners, El-Banna’s family got to my brothers, and sisters have know that he was in that prison only spent Eid alone without our dad through the media. Families of for 3 years. What do you think prisoners, media or even UN about that? representatives were not allowed to I hope you will answer me this meet them. The US army arrested time. them, interrogated them and Thank you, decided whether to keep them there or not. There was no trial before any From: Anas Jamil El-Banna, magistrate in the US. Nor could 9 years old. these prisoners approach courts in 7/12/2005 their own country. Amnesty International, an international human rights organisation, collected information on the condition of the prisoners in Guantanamo Bay and reported that the prisoners were being tortured in ways that violated the US laws. They DEMOCRATIC RIGHTS 75 2019-20

were being denied the treatment Ethnic massacre in Kosovo If you were a Serb, that even prisoners of war must get would you support as per international treaties. Many You might think that this is possible what Milosevic did prisoners had tried protesting against in an absolute monarchy but not in Kosovo? Do you these conditions by going on a hunger in countries which choose their think his project of strike. Prisoners were not released rulers. Just consider this story from establishing Serb even after they were officially declared Kosovo. This was a province of dominance was not guilty. An independent inquiry Yugoslavia before its split. In this good for the by the UN supported these findings. province the population was Serbs? The UN Secretary General said the overwhelmingly ethnic Albanian. prison in Guantanamo Bay should be But in the entire country, Serbs closed down. The US government were in majority. A narrow minded refused to accept these pleas. Serb nationalist Milosevic (pronounced Miloshevich) had won Citizens’ Rights in the election. His government was Saudi Arabia very hostile to the Kosovo Albanians. He wanted the Serbs to The case of Guantanamo Bay looks dominate the country. Many Serb like an exception, for it involves the leaders thought that Ethnic government of one country denying minorities like Albanians should rights to citizens of another country. either leave the country or accept Let us therefore look at the case of the dominance of the Serbs. Saudi Arabia and the position of the citizens with regard to their This is what happened to an government. Consider these facts: Albanian family in a town in Kosovo in April 1999: The country is ruled by a hereditary king and the people “74-year-old Batisha Hoxha was have no role in electing or sitting in her kitchen with her 77- changing their rulers. year–old husband, Izet, staying The king selects the legislature as warm by the stove. They had heard well as the executive. He appoints explosions but did not realise that the judges and can change any of Serbian troops had already entered their decisions. the town. The next thing she knew, Citizens cannot form political par- five or six soldiers had burst through ties or any political organisations. the front door and were demanding Media cannot report anything that the monarch does not like. “Where are your children?” There is no freedom of religion. “… they shot Izet three times in the Every citizen is required to be chest” recalled Batisha. With her Muslim. Non-Muslim residents husband dying before her, the can follow their religion in private, soldiers pulled the wedding ring off but not in public. her finger and told her to get out. “I Women are subjected to many public restrictions. The testimony was not even outside the gate when they of one man is considered equal to that of two women. burned the house” … She was standing This is true not just of Saudi on the street in the rain with no Arabia. There are many countries in house, no husband, no possessions the world where several of these but the clothes she was wearing.” conditions exist. This news report was typical of what happened to thousands of Albanians in that period. Do 76 DEMOCRATIC POLITICS 2019-20

remember that this massacre was ACTIVITY being carried out by the army of their own country, working under Write a letter to Anas Jamil in UK, describing the direction of a leader who came your reactions after reading his letter to Tony to power through democratic Blair. elections. This was one of the worst Write a letter from Batisha in Kosovo to a instances of killings based on ethnic woman who faced a similar situation in prejudices in recent times. Finally India. several other countries intervened Write a memorandum on behalf of women in to stop this massacre. Milosevic lost Saudi Arabia to the Secretary General of the power and was tried by the United Nations. International Court of Justice for crimes against humanity. CHECK For each of the three cases of life without rights, mention an example from India. These could include the YOUR following: PROGRESS Newspaper reports on custodial violence. Newspaper reports on force-feeding of prisoners who go on hunger strike. Ethnic massacre in any part of our country. Reports regarding unequal treatment of women. List the similarities and differences between the earlier case and the Indian example. It is not necessary that for each of these cases you must find an exact Indian parallel. 5.2 RIGHTS IN A DEMOCRACY Think of all the examples that we everything. One has to be reasonable have discussed so far. Think of the in what one expects and demands of victims in each example: the everyone else, for one has to grant prisoners in Guantanamo Bay, the same to everyone. But you might women in Saudi Arabia, Albanians insist that the assurance does not in Kosovo. If you were in their remain on paper, that there is position, what would you have someone to enforce these wished? If you could, what would assurances, that those who violate you do to ensure that such things these are punished. In other words, do not happen to anyone? you might want a system where at least a minimum is guaranteed to You would perhaps desire a everyone – powerful or weak, rich system where security, dignity and or poor, majority or minority. This fair play are assured to everyone. is the spirit behind thinking about You might want, for example, that rights. no one should be arrested without proper reason and information. And What are rights? if someone is arrested, he or she should have a fair chance to defend Rights are claims of a person over themselves. You might agree that other fellow beings, over the society such assurance cannot apply to and over the government. All of us DEMOCRATIC RIGHTS 77 2019-20

want to live happily, without fear enforceable. We can then demand What are the and without being subjected to their application. When fellow examples of degraded treatment. For this we citizens or the government do not elected expect others to behave in such a respect these rights we call it governments not way that does not harm us or hurt violation or infringement of our protecting or even us. Equally, our actions should not rights. In such circumstances attacking the rights also harm or hurt others. So a right citizens can approach courts to of their own is possible when you make a claim protect their rights. So, if we want citizens? Why do that is equally possible for others. to call any claim a right, it has to they do that? You cannot have a right that harms have these three qualities. Rights or hurts others. You cannot have a are reasonable claims of persons right to play a game in such a way that it breaks the neighbour’s recognised by society and window. The Serbs in Yugoslavia sanctioned by law. could not have claimed the whole country for themselves. The claims Why do we need rights in a we make should be reasonable. democracy? They should be such that can be made available to others in an equal Rights are necessary for the very measure. Thus, a right comes with sustenance of a democracy. In a an obligation to respect other rights. democracy every citizen has to have the right to vote and the right to Just because we claim some thing be elected to government. For it does not become our right. It has democratic elections to take place, it to be recognised by the society we is necessary that citizens should live in. Rights acquire meaning only have the right to express their in society. Every society makes opinion, form political parties and certain rules to regulate our take part in political activities. conduct. They tell us what is right and what is wrong. What is Rights also perform a very special recognised by the society as rightful role in a democracy. Rights protect becomes the basis of rights. That is minorities from the oppression of why the notion of rights changes majority. They ensure that the from time to time and society to majority cannot do whatever it likes. society. Two hundred years ago Rights are guarantees which can be anyone who said that women should used when things go wrong. Things have right to vote would have may go wrong when some citizens sounded strange. Today not granting may wish to take away the rights of them vote in Saudi Arabia appears others. This usually happens when strange. those in majority want to dominate those in minority. The government When the socially recognised should protect the citizens’ rights in claims are written into law they such a situation. But sometimes acquire real force. Otherwise they elected governments may not remain merely as natural or moral protect or may even attack the rights rights. The prisoners in of their own citizens. That is why Guantanamo Bay had a moral claim some rights need to be placed higher not to be tortured or humiliated. But than the government, so that the they could not go to anyone to government cannot violate them. In enforce this claim. When law most democracies the basic rights recognises some claims they become of the citizen are written down in the constitution. 78 DEMOCRATIC POLITICS 2019-20

5.3 RIGHTS IN THE INDIAN CONSTITUTION In India, like most other Right to Equality democracies in the world, these rights are mentioned in the The Constitution says that the Constitution. Some rights which are government shall not deny to any fundamental to our life are given a person in India equality before the law special status. They are called or the equal protection of the laws. It Fundamental Rights. We have means that the laws apply in the same already read in Chapter 2 the manner to all, regardless of a person’s preamble to our Constitution. It status. This is called the rule of law. Rule of law is the foundation of any talks about securing for all its democracy. It means that no person citizens equality, liberty and justice. is above the law. There cannot be any Fundamental Rights put this distinction between a political leader, promise into effect. They are an government official and an ordinary important basic feature of India’s citizen. Everyone knows Constitution. Every citizen, from the Prime that the rich can You already know our Constitution Minister to a small farmer in a remote have better lawyers provides for six Fundamental Rights. village, is subjected to the same laws. in the courts. What Can you recall these? What exactly No person can legally claim any is the point in do these rights mean for an ordinary special treatment or privilege just talking about citizen? Let us look at these one by because he or she happens to be an one. important person. For example, a few equality before years ago a former Prime Minister of law? the country faced a court case on charges of cheating. The court finally Right to declared that he was not guilty. But Equality as long as the case continued, he had to go to the court, give evidence and Right to Right to file papers, just like any other citizen. Constitutional Freedom This basic position is further Remedies clarified in the Constitution by spelling out some implications of the Right to Equality. The government shall not discriminate against any citizen on grounds only of religion, F U N D A M E N T A L R I G H T S race, caste, sex or place of birth. Every citizen shall have access to public places like shops, restaurants, hotels, and cinema halls. Similarly, there Cultural and Right to Right shall be no restriction with regard to Educational Freedom against the use of wells, tanks, bathing ghats, Rights Exploitation roads, playgrounds and places of public resorts maintained by of government or dedicated to the use Religion of general public. This might appear very obvious, but it was necessary to DEMOCRATIC RIGHTS 79 2019-20

incorporate these rights in the ACTIVITY Constitution of our country where the traditional caste system did not allow Go to the playground of the school or any sta- people from some communities to dium and watch a 400 metre race on any track. access all public places. Why are the competitors in the outer lane placed ahead of those in the inner lane at the starting The same principle applies to point of the race? What would happen if all the public jobs. All citizens have equality competitors start the race from the same line? of opportunity in matters relating to Which of these two would be an equal and fair employment or appointment to any race? Apply this example to a competition for position in the government. No jobs. citizen shall be discriminated Observe any big public building. Is there a ramp against or made ineligible for for physically handicapped? Are there any other employment on the grounds facilities that make it possible for physically mentioned above. You have read in handicapped to use the building in the same Chapter 4 that the Government of way as any one else? Should these special fa- India has provided reservations for cilities be provided, if it leads to extra expendi- Scheduled Castes, Scheduled ture on the building? Do these special provi- Tribes and Other Backward Classes. sions go against the principle of equality? Various governments have different schemes for giving preference to practice which looks down upon women, poor or physically people on account of their birth with handicapped in some kinds of jobs. certain caste labels. Such practice Are these reservations against the denies them interaction with others right to equality? They are not. For or access to public places as equal equality does not mean giving citizens. So the Constitution made everyone the same treatment, no untouchability a punishable offence. matter what they need. Equality means giving everyone an equal opportunity to achieve whatever one is capable of. Sometimes it is necessary to give special treatment to someone in order to ensure equal opportunity. This is what job reservations do. Just to clarify this, the Constitution says that reservations of this kind are not a violation of the Right to Equality. The principle of non-discrimination extends to social life as well. The Constitution mentions one extreme form of social discrimination, the practice of untouchability, and clearly directs the government to put an end to it. The practice of untouchability has been forbidden in any form. Untouchability here does not only mean refusal to touch people belonging to certain castes. It refers to any belief or social 80 DEMOCRATIC POLITICS 2019-20

Many Forms of Untouchability manner that violates others’ right to freedom. Your freedoms should not In 1999, P. Sainath wrote a series of newsreports cause public nuisance or disorder. in The Hindu describing untouchability and caste You are free to do everything which discrimination that was still being practiced injures no one else. Freedom is not against Dalits or persons belonging to Scheduled unlimited licence to do what one Castes. He travelled to various parts of the coun- wants. Accordingly, the government try and found that in many places: can impose certain reasonable restrictions on our freedoms in the Tea stalls kept two kinds of cups, one for Dalits larger interests of the society. one for others; Barbers refused to serve dalit clients; Freedom of speech and Dalit students were made to sit separately in the expression is one of the essential classroom or drink water from separate picher; features of any democracy. Our ideas Dalit grooms were not allowed to ride a horse and personality develop only when we in the wedding procession; and are able to freely communicate with Dalits were not allowed to use common others. You may think differently handpump or if they did, the handpump was from others. Even if a hundred washed to purify it. people think in one way, you should have the freedom to think differently All these fall under the definition of untouchability. and express your views accordingly. Can you think of some examples from your own You may disagree with a policy of area? government or activities of an association. You are free to criticise Right to Freedom the government or the activities of the association in your Freedom means absence of conversations with parents, friends constraints. In practical life it means and relatives. You may publicise absence of interference in our affairs your views through a pamphlet, by others – be it other individuals magazine or newspaper. You can do or the government. We want to live it through paintings, poetry or in society, but we want to be free. songs. However, you cannot use this We want to do things in the way we freedom to instigate violence against want to do them. Others should not others. You cannot use it to incite dictate us what we should do. So, people to rebel against government. under the Indian Constitution all citizens have the right to Irfan Khan Should the Freedom of speech and expression freedom of Assembly in a peaceful manner expression be Form associations and unions extended to those Move freely throughout the who are spreading country wrong and narrow- Reside in any part of the country, minded ideas? and Should they be Practice any profession, or to carry allowed to confuse on any occupation, trade or the public? business. You should remember that every citizen has the right to all these freedoms. That means you cannot exercise your freedom in such a DEMOCRATIC RIGHTS 81 2019-20

Neither can you use it to defame Irfan Khan others by saying false and mean things that cause damage to a procedure established by law. It person’s reputation. means that no person can be killed unless the court has ordered a death Citizens have the freedom to sentence. It also means that a government or police officer cannot hold meetings, processions, rallies arrest or detain any citizen unless and demonstrations on any issue. he has proper legal justification. They may want to discuss a Even when they do, they have to problem, exchange ideas, mobilise follow some procedures: public support to a cause, or seek votes for a candidate or party in an A person who is arrested and election. But such meetings have to detained in custody will have to be be peaceful. They should not lead informed of the reasons for such to public disorder or breach of peace arrest and detention. in society. Those who participate in A person who is arrested and these activities and meetings should detained shall be produced before not carry weapons with them. the nearest magistrate within a Citizens also can form associations. period of 24 hours of arrest. For example workers in a factory can Such a person has the right to form a workers’ union to promote consult a lawyer or engage a their interests. Some people in a lawyer for his defence. town may come together to form an association to campaign against Irfan Khan corruption or pollution. As citizens we have the freedom to travel to any part of the country. We are free to reside and settle in any party of the territory of India. Let us say a person who belongs to the state of Assam wants to start a business in Hyderabad. He may not have any connection with that city, he may not have even seen it ever. Yet as a citizen of India he has the right to set up base there. This right allows lakhs of people to migrate from villages to towns and from poorer regions of the countries to prosperous regions and big cities. The same freedom extends to choice of occupations. No one can force you to do or not to do a certain job. Women cannot be told that some kinds of occupations are not for them. People from deprived castes cannot be kept to their traditional occupations. The Constitution says that no person can be deprived of his life or personal liberty except according to 82 DEMOCRATIC POLITICS 2019-20

Let us recall the cases of threat to the most basic of all Guantanamo Bay and Kosovo. The liberties, the protection of victims in both these cases faced a individual life and personal liberty. CHECK Are these cases instances of violation of right to freedom? If yes, which constitutional provision does YOUR each of these violate? PROGRESS The government of India banned Salman Rushdie’s book Satanic Verses on the ground that it was disrespectful to Prophet Mohammed and was likely to hurt the feelings of Muslim community. Every film has to be approved by the Censor Board of the government before it can be shown to the public. But there is no such restriction if the same story is published in a book or a magazine. The government is considering a proposal that there will be industrial zones or sectors of economy where workers will not be allowed to form unions or go on strike. City administration has imposed a ban on use of public microphones after 10 p.m. in view of the approaching secondary school examinations. R ight against Exploitation any form. Begar is a practice where Once the right to liberty and equality the worker is forced to render service is granted, it follows that every to the ‘master’ free of charge or at a citizen has a right not to be nominal remuneration. When this exploited. Yet the Constitution practice takes place on a life-long makers thought is was necessary to basis, it is called the practice of write down certain clear provisions bonded labour. to prevent exploitation of the weaker Finally, the Constitution also sections of the society. prohibits child labour. No one can The Constitution mentions three employ a child below the age of specific evils and declares these fourteen to work in any factory or illegal. First, the Constitution mine or in any other hazardous prohibits ‘traffic in human beings’. work, such as railways and ports. Traffic here means selling and Using this as a basis many laws have buying of human beings, usually been made to prohibit children from women, for immoral purposes. working in industries such as beedi Second, our Constitution also making, firecrackers and matches, CHECK prohibits forced labour or begar in printing and dyeing. YOUR On the basis of these news reports write a letter to the editor or a petition to a court highlighting the PROGRESS violation of right against exploitation: A petition was filed in the Children, from the age of five, The latest annual survey Madras High Court. The were employed in the iron ore conducted by the National petitioner said a large number mines in the Hospet, Sandur and Sample Survey Organisation of children aged between the Ikal areas in Karnataka. found that the number of female seven and 12 were taken from Children were forced to carry out child labourers was growing both villages in Salem district and digging, breaking stones, loading, in rural and urban areas. The sold at auctions at Olur Nagar dumping, transporting and survey revealed there were 41 in Kerala’s Thrissur district. processing of iron ore with no female child labourers per The petitioner requested the safety equipment, fixed wages and thousand worker population in working hours. They handled a rural areas as against the courts to order the government high-level of toxic wastes and previous figure of 34 per to check these facts. were exposed to mine dust, which thousand. The figure for male (March 2005) was above the permissible level. child had remained at 31. (April The school dropout rate in the 2005) region was very high. (May 2005) DEMOCRATIC RIGHTS 83 2019-20

ACTIVITY religion. For example, one cannot The Constitution sacrifice animals or human beings does not give Do you know what the minimum wages in your as offerings to supernatural forces people their state are? If not, can you find out? Speak to five or gods. Religious practices which religion. Then how people doing different types of work in your treat women as inferior or those that can it give people neighbourhood and find out if they are earning infringe women’s freedom are not the right to practise the minimum wages or not. Ask them if they know allowed. For example, one cannot their religion? what the minimum wages are. Ask them if men force a widow to shave head or wear and women are getting the same wages. white clothes. Right to Freedom of Religion A secular state is one that does not confer any privilege or favour on any Right to freedom includes right to particular religion. Nor does it pun- freedom of religion as well. In this case ish or discriminate against people too, the Constitution makers were on the basis of religion they follow. very particular to state it clearly. You Thus the government cannot com- have already read in Chapter 2 that pel any person to pay any taxes for India is a secular state. Most people the promotion or maintenance of in India, like anywhere else in the any particular religion or religious world, follow different religions. Some institution. There shall be no may not believe in any religion. religious instruction in the govern- Secularism is based on the idea that ment educational institutions. In the state is concerned only with educational institutions managed by relations among human beings, and private bodies no person shall be not with the relation between human compelled to take part in any beings and God. A secular state is one religious instruction or to attend any that does not establish any one religious worship. religion as official religion. Indian secularism practices an attitude of a Cultural and Educational principled and equal distance from Rights all religions. The state has to be neutral and impartial in dealing with You might wonder why the all religions. Constitution makers were so particular in providing written Every person has a right to guarantees of the rights of the profess, practice and propagate minorities. Why are there no special the religion he or she believes in. guarantees for the majority? Well, for Every religious group or sect is free the simple reason that the working to manage its religious affairs. A of democracy gives power to the right to propagate one’s religion, majority. It is the language, culture however, does not mean that a and religion of minorities that needs person has right to compel another special protection. Otherwise, they person to convert into his religion by may get neglected or undermined means of force, fraud, inducement or under the impact of the language, allurement. Of course, a person is free religion and culture of the majority. to change religion on his or her own will. Freedom to practice religion That is why the Constitution speci- does not mean that a person can do fies the cultural and educational whatever he wants in the name of rights of the minorities: Any section of citizens with a distinct language or culture have a right to conserve it. 84 DEMOCRATIC POLITICS 2019-20

Admission to any educational level. In some places people speaking institution maintained by a particular language are in majority; government or receiving people speaking a different language government aid cannot be denied are in a minority. For example, to any citizen on the ground of Telugu speaking people form a religion or language. majority in Andhra Pradesh. But they All minorities have the right to es- are a minority in the neighbouring tablish and administer educa- State of Karnataka. Sikhs constitute tional institutions of their choice. a majority in Punjab. But they are a Here minority does not mean only minority in Rajasthan, Haryana and religious minority at the national Delhi. Read these news reports and identify the right that is being debated in each of these cases: CHECK An emergency session of the Shiromani Gurdwara Parbandhak Committee (SGPC) rejected the YOUR proposal to form a separate body to manage the affairs of Sikh shrines in Haryana. It warned the PROGRESS government that the Sikh community would not tolerate any interference in their religious affairs. (June 2005) The Allahabad High Court quashed the Central law, which gave Aligarh Muslim University its minority status, and held illegal the reservation of seats for Muslims in its postgraduate medical courses. (January 2006) The Rajasthan Government has decided to enact an anti-conversion law. Christian leaders have said that the Bill would aggravate the sense of insecurity and fear in the minds of minorities. (March 2005) Can the President How can we secure Fundamental Rights are of India stop you these rights? guaranteed against the actions of the Legislatures, the Executive, and from approaching If rights are like guarantees, they are any other authorities instituted by the Supreme Court of no use if there is no one to honour the government. There can be no law them. The fundamental rights in the or action that violates the to secure your Constitution are important because Fundamental Rights. If any act of the fundamental they are enforceable. We have a right Legislature or the Executive takes rights? to seek the enforcement of the above away or limits any of the mentioned rights. This is called the Fundamental Rights it will be Right to Constitutional Remedies. invalid. We can challenge such laws This itself is a Fundamental Right. of the central and state This right makes other rights governments, the policies and effective. It is possible that actions of the government or the sometimes our rights may be governmental organisations like the violated by fellow citizens, private nationalised banks or electricity bodies or by the government. When boards. Courts also enforce the any of our rights are violated we can Fundamental Rights against private seek remedy through courts. If it is a individuals and bodies. The Fundamental Right we can directly Supreme Court and High Courts approach the Supreme Court or the have the power to issue directions, High Court of a state. That is why Dr. orders or writs for the enforcement Ambedkar called the Right to of the Fundamental Rights. They can Constitutional Remedies, ‘the heart also award compensation to the and soul’ of our Constitution. DEMOCRATIC RIGHTS 85 2019-20