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EDITORIAL ANALYSIS: Simultaneous Polls but only Presidential System

Simultaneous Polls but only Presidential System

 
Source: The Hindu
 
For Prelims: No-Confidence Motion, Presidential Election, Election Commission of India
For Mains: Parliamentary form of Democracy, Presidential Form of Democracy
 
Highlights of the Article
Amendment to the Indian Constitution
Options to Amend the Indian Constitution
Different types of Democracies around the World
Presidents rule
 
Context
A fresh attempt is being made by the Narendra Modi government to veer towards one nation-one poll, which would mean that all State elections are held simultaneously with the general election to the Lok Sabha. In order to kickstart this process, one would need to curtail the term of the Assemblies in several States, whose terms have not ended at the time the Lok Sabha election is to take place
 
UPSC EXAM NOTES ANALYSIS:
 
1.How is Conducting Simultaneous Elections in India Undemocratic?
There is a deeper problem in implementing one nation-one poll.
In the present parliamentary system of India’s democracy, at both the central and State levels, since the survival of the government is dependent on its enjoying the confidence of the majority of the house (majorities can change mid-term because of splits in parties, defections or even if some Members of Parliament/Members of the Legislative Assemblies from the ruling party refusing to support the government) the government can fall mid-term thus leading to mid-term elections.
However, in one nation-one poll you cannot have mid-term elections if the rest of the States and the Centre have to go to the polls together. Therefore, the only option would be to either continue with a minority government headed by a Chief Minister/Prime Minister who has lost the confidence of the House or to impose President’s rule for the rest of the term

Conducting simultaneous elections in India can be viewed as undemocratic for several reasons:

  1. Undermining Federalism: India's political system is federal in nature, with a division of powers between the central and state governments. Simultaneous elections may undermine the autonomy and integrity of state governments by overshadowing state-specific issues with national ones. It could reduce the ability of states to independently address their unique challenges and priorities.

  2. Erosion of Accountability: Holding elections at different times allows voters to hold their representatives accountable at both the state and national levels more frequently. Simultaneous elections could reduce this accountability mechanism, as voters may focus primarily on national issues, potentially neglecting state-level concerns.

  3. Unequal Terms: Simultaneous elections may lead to the dissolution of some state governments before completing their full terms. This can be seen as undemocratic, as it can disrupt the stability and continuity of state governance and violate the principle of fixed-term governments.

  4. Party Dominance: Simultaneous elections may favor national parties over regional parties, as they can divert more attention, resources, and campaigning efforts toward national issues. Regional parties may find it challenging to compete effectively, leading to an imbalance in political representation.

  5. Potential for Political Maneuvering: The synchronization of state and national elections may open the door to political maneuvering, where parties at the national level influence or manipulate state elections for their benefit, further undermining the autonomy of states.
  6. Disruption of State Policies: Simultaneous elections may force states to align their policy decisions and development projects with national priorities, potentially at the expense of state-specific needs. This could lead to a homogenization of policies, which may not be suitable for all states
2.Different types of Democracies around the world
Democracy is a political system in which power is vested in the people, who have the right to participate in decision-making processes, either directly or through elected representatives. Various forms of democracies exist around the world, each with its own characteristics and variations.
Here are some different types of democracies:
  • Direct Democracy: In a direct democracy, citizens participate directly in decision-making. They vote on laws, policies, and issues without the need for elected representatives. Direct democracy is practical in small communities or through referendums on specific issues. Switzerland: Switzerland is known for its system of direct democracy, where citizens can propose and vote on referendums and initiatives.

  • Representative Democracy: Representative democracy, also known as indirect democracy, is the most common form of democracy. In this system, citizens elect representatives to make decisions on their behalf. These representatives form legislatures or parliaments, where laws are debated and enacted.

    • United States: The United States operates as a representative democracy, where citizens elect representatives at various levels of government.
    • India: India is the world's largest representative democracy, with elected representatives at the national, state, and local levels.
  • Parliamentary Democracy: In a parliamentary democracy, the executive branch (the government) is drawn from and accountable to the legislature (parliament). The head of government (Prime Minister) is typically the leader of the majority party in parliament.

    • United Kingdom: The United Kingdom follows a parliamentary democracy, where the Prime Minister is the head of government and is accountable to the Parliament (House of Commons).
    • Canada: Canada also has a parliamentary democracy, with the Prime Minister as the head of government and the Parliament consisting of the House of Commons and the Senate.
  • Presidential Democracy: In a presidential democracy, the executive branch is separate from the legislative branch. The president, who is often directly elected by the people, serves as both the head of state and head of government. The United States is a notable example of a presidential democracy.United States: The United States operates as a presidential democracy, with a separate executive branch headed by the President

  • Semi-Presidential Democracy: In semi-presidential democracies, there is a dual executive system comprising both a president and a prime minister. The president serves as the head of state, while the prime minister heads the government and is responsible to the legislature.

    • France: France is an example of a semi-presidential democracy, with both a President and a Prime Minister. The President serves as the head of state, while the Prime Minister is the head of government.
    • Russia: Russia has a semi-presidential system with a President as the head of state and a Prime Minister as the head of government.
  • Constitutional Democracy: Constitutional democracies are characterized by a written constitution that sets out the fundamental principles and rules of governance. These constitutions often include provisions for the protection of individual rights and liberties.

    • Germany: Germany is a constitutional democracy with a strong emphasis on the rule of law and protection of individual rights as outlined in its Basic Law (constitution).
    • Japan: Japan is another example of a constitutional democracy, with a constitution that guarantees fundamental rights and establishes democratic principles
  • Federal Democracy: Federal democracies have a dual system of government, where powers are divided between a central (national) government and subnational entities (states, provinces, or regions). Both levels of government have their own jurisdictions and responsibilities. Examples: India, United States, Germany, Australia
3.How to Introduce a Presidential System in India?
Introducing a Presidential System would guarantee Simultaneous elections in India
Introducing a presidential system in India would be a significant constitutional change and would require a thorough and deliberate process. The current political system in India is a parliamentary democracy with a President as a ceremonial head of state. Transitioning to a presidential system would require amending the Indian Constitution, which is a complex and lengthy process
 
The Provisions of of the Constitution that would need to be amended to switch to an essentially presidential System would be as follows:
Part V- The Union -Chapter I- Executive - Article 52-78 and
Chapter III- Legislative Powers of the President;
Part VI- The States- Chapter II- The Executive - Articles 153-167 and Chapter IV- Legislative powers of the Governor
 

Here's a general outline of the steps that would need to be taken:

  1. Public Discourse and Debate: Begin by initiating a public discourse and debate on the merits and drawbacks of transitioning to a presidential system. This should involve political parties, civil society organizations, legal experts, and the general public to ensure a comprehensive understanding of the proposed changes.

  2. Constitutional Amendment: The first and most crucial step is to amend the Indian Constitution. This requires a two-thirds majority in both houses of Parliament (Lok Sabha and Rajya Sabha) or a special majority if a separate Constituent Assembly is convened.

  3. Constituent Assembly: It might be advisable to convene a Constituent Assembly specifically tasked with drafting a new constitution or amending the existing one to reflect the presidential system. This assembly should comprise experts in constitutional law, political scientists, and representatives from various sections of society.

  4. Drafting the New Constitution: The Constituent Assembly should draft the new constitution or amend the existing one to establish the presidential system. This should involve defining the powers, responsibilities, and term limits of the President, the executive, and the legislature. It should also address the composition and powers of the judiciary and any other relevant institutions.

  5. Ratification: Once the new constitution or constitutional amendments are drafted, they should be ratified by a majority vote in the Constituent Assembly. The final document should reflect a broad consensus among its members.

 
4. Way forward
It's important to note that transitioning to a presidential system is a monumental task, and it should be done with great care, transparency, and respect for the democratic principles that underpin India's current political system
 
 
 
Practice Mains Questions
 
1.Discuss the significance of Article 368 in the Indian Constitution. How does it govern the process of amending the Constitution, and what are the various procedures and limitations associated with it?
2.Examine the role of the Parliament and state legislatures in the amendment of the Indian Constitution. Highlight the key differences between amending the Constitution at the central and state levels.
3.Critically analyze the doctrine of basic structure as developed by the Supreme Court of India. How has this doctrine influenced the process of amending the Constitution? Provide examples of landmark cases where the doctrine was applied
 
 
 
 

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