New Delhi: Electoral bonds are “a very, very dangerous syndrome” and “a great danger” to India, said noted jurist Fali Nariman, Wednesday, pointing out that the scheme will mean that it’s only the “big money bags” that the ruling parties will align themselves to.
Nariman was talking at the launch of former Chief Election Commissioner S.Y. Quraishi’s book, India’s Experiment with Democracy: Wednesday, a day after after the Supreme Court fixed 31 October and 1 November for final hearing of petitions against the Centre’s electoral bonds scheme. The case has been pending in the apex court for the past five years.
Electoral bonds have been pitched as an alternative to cash donations made to political parties as part of efforts to bring in transparency in political funding. Concerns against the system include those of increased corruption.
A bench of the Supreme Court earlier this month took note of submissions that the matter needed adjudication before the electoral bond scheme opens for the 2024 general elections.
Calling it “shocking” that the Supreme Court has not taken a decision in the case of Electoral bonds since it first reached the apex court in 2017, ThePrint’s Editor-in-Chief Shekhar Gupta said, “It is a completely unfair system because the government knows who has paid how much money to whom. But no one else knows. That one single thing has upset the balance in the electoral process. This is a fundamental issue.”
Gupta added: “Now it’s not a question of cash under the table. Now the money is being given legally in such a way that one side knows… only one side knows who is paying whom.”
The launch of the book was followed by a panel discussion, between the author, Nariman, Gupta, Congress member of Parliament (MP) Shashi Tharoor and senior journalist and author, Neerja Chowdhury.
Referring to the central government’s “one nation, one election” idea which has been repeatedly endorsed by Prime Minister Narendra Modi in the past, Nariman took a dig at the PM, saying “he is convinced that India is moving towards a presidential form of system”.
The ‘One Nation, One Election’ theory aims for simultaneous Lok Sabha and assembly elections, to be held on the same day or over a stipulated period. The Centre last month set up a committee under the chairmanship of former President Ram Nath Kovind to hold deliberations with stakeholders to reach a legal and political consensus on the issue.
Responding to Nariman, Tharoor said, the presidential system will be better than the current system (a reference to current central government).
“In some ways, Fali sahab, the presidential system will be more honest. At least you will have an independent legislature. Right now we have the worst of both worlds. We have a parliamentary system being run presidentially,” Tharoor said.
To this, Nariman answered, “In a presidential system you won’t be able to have a meeting like this”.
Rebutting the often-cited reason in favour of the ‘one nation, one election’ system — that the government’s work is adversely affected owing to multiple elections — Quraishi said, “The Prime Minister went to Karnataka 34 times [ahead of the assembly elections in the state earlier this year]. We have seen in history that the Prime Minister used to go only once in a state election. Now if you go there 34 or 36 times and say my work is getting affected, some rethinking is required there.”
The discussion also touched on the “neutrality” of the Election Commission, and the paradox of a stronger prime minister resulting in weaker institutions in India.
Proportional representation
Delving deeper into the subject of the ‘one nation, one election’, Tharoor said was not feasible, “let alone desirable”.
“Given the hollowing out of our democratic institutions and practices, elections are the only vehicle for popularity accountability… holding the governments accountable for their performance. Therefore reducing the frequency of elections is itself undemocratic,” he added.
On the role of the Election Commission, the Congress MP said, “The trust deficit (between opposition and EC) comes from the perception that the playing field is not leveled.”
Referring to reports about Election Commission members being summoned by the Prime Minister’s office and allegations that Gujarat elections were announced late to help the ruling BJP, the Congress MP said, “As a result, there is a perception that the Election Commission is behaving like a handmaiden of the government, rather than the kind of independent body it is meant to be.”
Gupta, however, commended the election commission for getting the “mechanics of holding elections right”.
“Mechanics have in fact got better with every election. It’s not just that counting is so quick and you get results so quickly, you get much fewer complaints. People get privacy in the booths. And I would say by and large the process is fair,” he said.
The discussion on elections and the democratic set-up in the country also saw Chowdhury touching upon the “paradox” of a stronger prime minister resulting in weaker institutions in India.
“The weaker the government… an alliance government… the stronger the institutions. More checks and balances come into play. For the past 25 years we had coalition governments, it also made it easier for the Election Commission to function more autonomously,” she said.
Replying to a question from the audience on electoral systems, Quraishi proposed the idea of proportionate representation in elected bodies, based on the percentage of votes polled in favour of a party.
“Until 2014, I supported the first past the post system. But after the 2014 elections, I changed my opinion. Because in UP [Uttar Pradesh], BSP [Bahujan Samaj Party] got 20 percent vote share and zero seats. That is not representative democracy, ” he said, advocating a “mixed system” — half the seats should be decided through first past the post and half should be proportional representation.
Gupta, however, pointed out how proportional representation has become a “deep, fatal weakness” of the Israeli system — the country is now engaged in a war with Palestinian militant group Hamas, following a terror attack on the country Saturday.
“These are not perfect solutions because each idea is fraught with many minefields. Look at Israel. It can never have a majority government. The largest party rarely gets 35 seats in a house of 120. Every six months you get a new coalition where there are all parties. This is a non-functional system. There is also one man who uses the same system to carry out a dictatorial power grab,” he said.
(Edited by Poulomi Banerjee)
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