15 March 2024 : Indian Express Editorial Analysis

Indian Express Editorial Analysis

15-March-2024

1. No going back to square one

Topic: GS2 – Governance – Important aspects of governance: Transparency and accountability. This topic is relevant for both Prelims and Mains in the context of understanding the implications of the Supreme Court’s ruling on electoral bonds and its impact on political financing.

Context:

The Supreme Court’s recent decision declaring the electoral bonds scheme unconstitutional and directing the State Bank of India (SBI) to release data to the Election Commission of India has sparked anticipation nationwide. The revelation of potential skeletons in the closets of corporate donors and recipients and the examination of possible connections between donations and government favors are eagerly awaited. This analysis delves into the implications of the court’s ruling, the challenges ahead, and proposed solutions for transparent political financing.

Challenges with Donor-Recipient Matching:

• Despite the SBI’s declaration of figures, there remains uncertainty regarding matching donors and recipients.
• The SBI’s request for an extension to June to complete this task, not mandated by the court, underscores the importance of this information.
• The eventual release of this data could shed light on potential quid pro quos between corporations and the government, crucial for transparency and accountability.

Significance of Political Financing:

• The issue of political financing strikes at the heart of democratic integrity, as emphasized by late Finance Minister Arun Jaitley.
• Transparent funding is imperative for free and fair elections, ensuring the credibility of the democratic process.
• While the Supreme Court’s intervention is commendable, it highlights the need for sustained efforts to address the fundamental issue of transparent political financing.

Assessment of Post-Ruling Scenario:

• Contrary to a complete return to square one, the judgment has nullified the unconstitutional law and associated amendments.
• While pre-2018 political funding was predominantly opaque, the introduction of electoral bonds exacerbated secrecy surrounding donations and recipients, raising concerns about potential corruption.

Proposed Solutions for Transparency:

• Various mechanisms have been suggested to enhance transparency in political financing.
• Ideas include partial public funding of political parties, contingent upon internal democracy, and state funding based on electoral performance rather than direct election expenses.
• A proposed National Election Fund financed by private entities could mitigate corporate concerns while ensuring transparency.

Comparison with Global Practices:

• Global practices offer insights into potential solutions. Many countries provide state funding to political parties based on electoral performance, emphasizing the feasibility of such a system in India.
• Operational details, including funding for new parties and independents, warrant discussion but shouldn’t hinder exploration of this approach.

Conclusion:

• While the fallout from the electoral bonds scheme unfolds, the focus must shift towards charting a path forward.
• The debate should center on implementing transparent mechanisms for political financing, crucial for upholding democratic principles and restoring public trust.

What are the Recommendations on Funding of Political Parties?

Indrajit Gupta Committee on State Funding of Elections, 1998: Endorsed state funding of elections to establish a fair playing field for parties with less financial resources. Recommended limitations: State funds to be allocated only to national and state parties with allotted symbols, not independent candidates. Initially, state funding should be provided in kind, offering certain facilities to recognised political parties and their candidates. Acknowledged economic constraints, advocating partial rather than full state funding. Election Commission’s Recommendations: The 2004 report of the Election Commission emphasised the necessity for political parties to publish their accounts annually, allowing scrutiny by the general public and concerned entities. Audited accounts, ensuring accuracy, should be made public, with auditing performed by Comptroller and Auditor General-approved firms. Law Commission, 1999: Described total state funding of elections as “desirable” under the condition that political parties are prohibited from receiving funds from other sources. The Law Commission’s 1999 report proposed amending the RPA, 1951, introducing section 78A for maintenance, audit, and publication of political party accounts, with penalties for non-compliance.

PYQ: The Right to Information Act is not all about citizens’ empowerment alone, it essentially redefines the concept of accountability.” Discuss. (150 words/10m)(UPSC CSE (M) GS-4 2018)

Practice Question:  Critically analyze the Supreme Court’s recent judgment declaring the electoral bonds scheme unconstitutional and its implications on political financing in India. Discuss the challenges associated with opaque political funding. (250 words/15 m)

 

2. NO LAST WORD

Topic: GS2 – Governance – Government policies – Issues arising out of their design & implementation. This topic is relevant for both Prelims and Mains in the context of knowing facts about simultaneous elections which touches upon crucial aspects of governance, federalism, and the functioning of India’s political system.

Context:

The High-Level Committee on Simultaneous Elections, chaired by former President Ram Nath Kovind, has recommended holding polls for various levels of governance concurrently. This recommendation, unsurprising given the refusal of Congress leader Adhir Ranjan Chowdhury to participate, raises questions about the impartiality and depth of deliberations within the committee.

Evaluation of Committee’s Process:

• Despite claiming to consider inputs from various stakeholders, including political parties, legal experts, and former election commissioners, the committee’s report appears to lack in-depth research and genuine participatory processes.
• While asserting careful consideration of constitutional and legal objections, the report’s substance, tone, and focus indicate a bias towards endorsing the government’s proposal rather than engaging with diverse perspectives.

Concerns Raised by the Committee’s Report:

• The committee’s emphasis on the purported inefficiencies of separate elections and the alleged benefits of simultaneous polls reflects a narrow understanding of the complexities involved.
• The report fails to adequately address concerns regarding the imposition of an artificial unitary character on India’s federal system and the potential dilution of regional issues and governance efficacy.

Critique of Opposition and Dissenting Views:

• Despite acknowledging opposition from political parties and dissenting voices like Tamil Nadu Election Commissioner V. Palanikumar and former Chief Justices Sanjib Banerjee and A.P. Shah, the report dismisses their concerns as “misplaced.”
• This dismissive approach overlooks substantive arguments against simultaneous elections, such as the threat to political accountability and the marginalization of regional parties.

Impact on Political Diversity:

• The proposed shift towards simultaneous elections risks homogenizing India’s diverse political landscape, undermining the significance of regional issues and parties.
• The emergence of regional parties over the years has reshaped Indian politics, and imposing simultaneous elections could sideline their voices and concerns.

Conclusion:

• While the committee’s report advocates for simultaneous elections, it fails to address significant concerns and criticisms raised by various stakeholders.
• The complex nature of India’s political system necessitates a more nuanced and inclusive approach to electoral reforms.
• Moving forward, it is imperative to heed dissenting voices and engage in respectful dialogue to ensure that any proposed changes to the electoral process reflect the diverse interests and realities of Indian democracy.

What are the Various Benefits of Simultaneous Elections or ONOE?

Reducing Governance Distractions: Holding frequent elections diverts the entire country’s attention, from top leaders to local representatives, causing a virtual paralysis of administration at various levels. This preoccupation negatively impacts India’s growth prospects and hinders effective governance. Model Code of Conduct’s Impact: The Model Code of Conduct (MCC) imposed during elections delays key policy decisions both at the national and local levels. Even ongoing projects face setbacks as election duties take precedence, leading to a slowdown in routine administration. Addressing Political Corruption: Frequent elections contribute to political corruption as significant funds need to be raised for each election. Simultaneous elections can substantially reduce election expenses for political parties, eliminating the need for repetitive fundraising. It also lessens the pressure on the public and business community for multiple election donations. Cost Savings and Electoral Infrastructure: When the first elections to the Lok Sabha took place in 1951-52, 53 parties contested the elections, around 1874 candidates participated and poll expenses were Rs. 11 crore. In the 2019 elections, there were 610 political parties and around 9,000 candidates; poll expenses of around Rs. 60,000 crores, as per Association of Democratic Reforms (ADR), are yet to be declared by the political parties. While initial infrastructure investments are required, using the same electoral rolls for all elections can save considerable time and money in updating and maintaining voter lists. Citizen Convenience: Simultaneous elections alleviate concerns for citizens regarding missing names from electoral rolls. Using consistent electoral rolls for all elections streamlines the process, providing citizens with a more straightforward and reliable voting experience. Optimizing Law Enforcement Resources: Massive redeployment of police and paramilitary forces during elections incurs significant costs and diverts key law enforcement personnel from critical functions. Simultaneous elections can curtail these deployments, optimizing resources and enhancing law enforcement efficiency. Curbing Horse-Trading: Fixed-interval elections have the potential to reduce horse-trading by elected representatives. Holding elections at specific periods makes it more challenging for representatives to switch parties or form alliances for personal gains, complementing existing anti-defection laws. Financial Stability for State Governments: Frequent elections lead to state governments announcing freebies to woo the electorate, often straining their finances. Simultaneous elections could mitigate this issue, reducing the financial burden on state governments and contributing to greater financial stability.

PYQ: Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (150 words/10m) (UPSC CSE (M) GS-2 2017)

Practice Question:  Critically analyze the recommendations of the High-Level Committee on Simultaneous Elections, regarding the proposal to hold simultaneous polls for various levels of governance in India. Discuss the potential implications of simultaneous elections on India’s federal structure, regional representation, and political diversity.  (250 words/15 m)

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