15.9.18

Another state of democracy index

Source: https://indianexpress.com/article/opinion/columns/democracy-un-election-commission-performing-moderately-5357204
Performing moderately
A new state of democracy report records a significant dip in India’s record on civil liberties, personal integrity and security, freedom of association, media integrity, gender equality
Written by S Y Quraishi |Updated: September 15, 2018 4:39:00 am


South Asia is home to 3 per cent of the world’s area and 21 per cent of the world’s population. (Illustration by CR Sasikumar)
Today, the world celebrates the 11th International Day of Democracy in pursuance of a UN resolution. This is an appropriate occasion to have a look at the state of democracy in South Asia, especially India.
The world saw a huge wave of democratisation after World War II. The newly-liberated states in Latin America, Africa and Asia adopted democratic forms of government after centuries of colonial subjugation. Today more people live under various forms of democracy than ever before. More than 120 of the 192 countries in the world have some form of democracy — only 11 parliamentary democracies existed in 1941. This indicates the appeal of democratic ideas and systems.
South Asia is home to 3 per cent of the world’s area and 21 per cent of the world’s population. It’s significant that 50 per cent of the world’s population living under some form of democratic rule resides in this region. Despite the democratic upsurge, there are significant challenges like poverty, inequality, gender injustice, nepotism and corruption. Elected despots and authoritarian leaders are weakening democracies across the world. Political experts have argued that democratic values are on the decline, especially in the West.
The International Institute for Democracy and Electoral Assistance (IDEA), an inter-country organisation, tried to evaluate the state of democracy in the world in the light of such worrying claims. The Global State of Democracy Index (GSoD) looks at the trends in democratisation from 1975 to 2017. With the help of a set of 98 indicators, IDEA aims to study the factors which threaten democracy throughout the world and those that make it strong and resilient. The study covers a variety of important indicators such as representative government, fundamental rights, checks on the government, impartial administration and participatory engagement. These have many sub indicators for an in depth indices-based analysis.
When it comes to representative government, India and Sri Lanka have maintained relatively high scores. Afghanistan, Bangladesh, Nepal and Pakistan have had periods of non-elected regimes. The general trend in South Asia in this respect has, however, been positive.
With respect to ensuring fundamental rights, the region’s score matches that of Asia Pacific but it is slightly below the global average. At the country level, Afghanistan and Nepal have seen the most improvement. Sri Lanka and Pakistan saw a slight decline in the 1970s and 1980s. India’s score has been stable since the late 1970s. However, a decline has been observed since 2015.
South Asia shows a steady improvement on the yardstick that measures gender equality with Nepal standing out. India’s score was better than the world average till 2003 but there has been a dip in the country’s performance on the gender equality yardstick since then.
When it comes to checks on government, South Asia has shown a steady increase from 1975 to 1994. Afghanistan, Nepal and Pakistan have shown the most improvement. Bangladesh, India and Sri Lanka have remained relatively stable with scores in line with the global average.
In the yardstick on impartial administration, South Asia follows both the regional and global trends with no significant change, except in Nepal, which has seen a significant improvement. However, the “absence of corruption” sub-indice within the “impartial administration” category shows a worrying tendency in South Asia. The region has the lowest scores in the world despite a slight improvement between 2012 and 2015.
A robust civil society is essential for deliberative decision making. Civil society participation has increased in India by leaps and bounds between 1978 and 2012 after which it declined drastically to fall below the average of Asia Pacific and that of the World. In 2017, it was the lowest since 1975.
In 2017, the gap between the Indian score and the world average in the yardstick that measures “personal integrity and security” was the widest since 1977. This is worrying. In the past 10 years, South Asia’s scores for electoral participation are in line with the global average but slightly below the Asia Pacific average. Recently, there has been a decrease in voter participation in Bangladesh but a slight increase in India and Sri Lanka.
One of the major challenges to democracy is people losing faith in it. There are many reasons for such disillusionment, including corruption, nepotism and unemployment. This often leads to people disengaging with key public policy issues which, in turn, makes those in power less accountable. Other factors, in contrast, contribute to the popularity of democracies. These include transparency in political processes, accountability of elected representatives, basic freedoms for all citizens, equal rights for women and minorities and high rates of voter participation.
The GSoD report analyses India’s performance on all the above-mentioned indicators and shows that the country has done moderately well. On yardsticks such as elected government, effective parliament and impartial administration, the country’s scores hover around the world average but in the last decade, there has been a significant dip in the country’s record on civil liberties, personal integrity and security, freedom of association, media integrity, gender equality and basic welfare.
In fact, India’s performance on the yardstick to measure media integrity was better than the global and South Asian average between 1994 and 2012. However, the country’s score has fallen below the global and Asia-Pacific average in 2017. Given that a free and fair media is crucial to a meaningful democracy, this is a worrying tendency.
The Election Commission has played an important role in conducting free and fair elections in the country. The Commission’s Systematic Voters Education for Electoral Participation Programme role has been crucial in this respect.
An independent judiciary is another reason for the resilience of democracy in India. The apex court has given judgments that keep a check on the government and ensure a transparent and accountable system.
Democracy does not merely mean voting rights for people, it means empowering people by granting them equality. It also means the creation of mechanisms to resolve differences through dialogue and with mutual respect and understanding.
India does have the highest rating among South Asian democracies. But its performances on several yardsticks makes it a flawed democracy. If we want the largest democracy to count among the world’s greatest, there must be serious introspection among all stakeholders.

7.9.18

Establihsing a Legislative Council in States of India

SOURCE: https://indianexpress.com/article/explained/odisha-plans-legislative-council-how-states-create-a-second-house-and-why-5342010/

Odisha plans Legislative Council: how states create a second House, and why

While the government has not made public the details of the panel’s report the Legislative Council is expected to have 49 members, 1/3rd of the 147 in the Assembly.


Written by Sampad Patnaik | Bhubaneswar | Updated: September 6, 2018 5:15:28 am
Odisha plans Legislative Council: how states create a second House, and why
Odisha CM Naveen Patnaik
During the ongoing monsoon session of the Odisha Assembly, the government is expected to introduce a Bill for the creation of a Vidhan Parishad or Legislative Council, a second House of legislature. This follows a report submitted last month by a panel of MLAs of various parties, which examined the proposal. How do Legislative Councils function, and why are they important?
Why a second House
India has a bicameral system of legislature. Just as Parliament has two Houses, the states can, if they choose, have a Legislative Council in addition to the Legislative Assembly. The Constitution provides for this option under Article 171. As in Rajya Sabha, members of a Legislative Council are not directly elected by voters.
Opinion in the Constituent Assembly was divided on the idea. Among the arguments in its favour, a second House can help check hasty actions by the directly elected House, and also enable non-elected individuals to contribute to the legislative process. The arguments against the idea: a Legislative Council can be used to delay legislation, and to park leaders who have not been able to win an election.
States with LCs
Under Article 169, a Legislative Council can be formed “if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting”. Parliament can then pass a law to this effect.
Currently, seven states have Legislative Councils (see box). Apart from these, Tamil Nadu’s then DMK government had passed a law to set up a Council but the subsequent AIADMK government withdrew it after coming to power in 2010. Andhra Pradesh’s Legislative Council, set up in 1958, was abolished in 1985, then reconstituted in 2007. Proposals to create Councils in Rajasthan and Assam are pending in Parliament; the PRS Legislative Research website lists the status of both these Bill as pending.
Members
Under Article 171 of the Constitution, the Legislative Council of a state shall not have more than one-third of the total number of MLAs of the state, and not less than 40 members. But in Jammu & Kashmir, as per Section 50 of the state’s Constitution, the Assembly has 87 members and the Legislative Council 36. As with Rajya Sabha MPs, the tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years.
One-third of the MLCs are elected by the state’s MLAs, another 1/3rd by a special electorate comprising sitting members of local governments such as municipalities and district boards, 1/12th by an electorate of teachers and another 1/12th by registered graduates. The remaining members are appointed by the Governor for distinguished services in various fields.
LC vis-à-vis Rajya Sabha
The legislative power of the Councils are limited. Unlike Rajya Sabha which has substantial powers to shape non-financial legislation, Legislative Councils lack a constitutional mandate to do so; Assemblies can override suggestions/amendments made to a legislation by the Council. Again, unlike Rajya Sabha MPs, MLCs cannot vote in elections for the President and Vice President. The Vice President is the Rajya Sabha Chairperson; an MLC is the Council Chairperson.
Odisha House
While the government has not made public the details of the panel’s report the Legislative Council is expected to have 49 members, 1/3rd of the 147 in the Assembly. An MLC’s salary is expected to be the same as an MLA’s. The Law Department is trying to work out a system to allow for elections every two years. “We have to devise a fair system in which a third of the members retire after two and four years respectively. A lottery system will ensure which members serve two, four and six years during the first six years,” said an official overseeing the process.
The BJD, with 118 of 147 MLAs, is expected to easily pass the Bill for a Council, but the state will need the backing of the BJP at the Centre when Parliament votes on the proposal. The state BJP has opposed the timing of the move, while the Congress has objected to the idea itself. “After 18 years in power the BJD has chosen to act on a Vidhan Parishad now, just to create a parking slot for sitting MLAs who will not be given tickets in 2019,” said Odisha BJP vice president Sameer Mohanty. “The Congress will oppose the Bill when it is presented in the Assembly,” said Congress veteran Narasingha Mishra, Leader of the Opposition in the Assembly.