Simultaneous Elections: Will This Be Good For India?
Simultaneous Elections: Will This Be Good For India?
Simultaneous Elections: Will This Be Good For India?
The idea of holding elections simultaneously to Lok Sabha and State Legislative
Assemblies is recently in the news after it got a push from Prime Minister
Narendra Modi.
Holding simultaneous elections also poses some constitutional questions, which need to be
answered. They are,
To implement the idea, the tenure of some of the State Assemblies needs
to be curtailed. How to do it, when the government enjoys the confidence of
the legislature?
How to preserve simultaneity in the event of a vote of no confidence or
Presidents rule?
Article 83(2) and Article 172 of the Constitution requires that the Lok
Sabha and State legislatures be in existence for five years from the date of
its first meeting, unless dissolved earlier. This makes it clear that
constitution does not guarantee fixed terms to the Lok Sabha and State
Assemblies. Simultaneous elections are not possible without fixed tenure.
Shekhawat solution
The model code of Conduct shouldnt be stretched too long. There should
be clear guidelines on dos and donts for the government.
To curb election expenditure, alternative ways such as reforms in the
expenditure of political parties and state funding of political parties could be
discussed.
There are various ifs and buts before the idea of simultaneous elections may finally be
implemented. The Constitution may need to be amended. But care should be taken, such
that simultaneous elections will not undermine federalism and diversity of the country.
Article 38 : State to secure a social order for the promotion of welfare of the
people
(1) The State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may a social order in which justice, social,
economic and political, shall inform all the institutions of the national life.
(2) The State shall, in particular, strive to minimise the inequalities in income,
and endeavour to eliminate inequalities in status, facilities and opportunities,
not only amongst individuals but also amongst groups of people residing in
different areas or engaged in different vocations.
Article 42 : Provision for just and humane conditions of work and maternity
relief
The State shall make provision for securing just and humane conditions of work
and for maternity relief.
The State shall take steps, by suitable legislation or in any other way, to secure
the participation of workers in the management of undertakings, establishments
or other organisation engaged in any industry.
Article 47 : Duty of the State to raise the level of nutrition and the standard of living and
to improve public health
The State shall regard the raising of the level of nutrition and the standard of
living of its people and the improvement of public health as among its primary
duties and, in particular, the State shall endeavour to bring about prohibition of
the consumption except for medicinal purpose of intoxicating drinks and of
drugs which are injurious to health.
Under UBI, only those with zero income will receive the full benefits in net
terms.
For those, who earn additional income over the basic income, the net
benefits will taper off through taxation.
So even though the basic income is universal, only the poor will receive
the full benefits.
What UBI means to the Government?
First, UBI would give individuals freedom to spend the money in a way
they choose. In other words, UBI strengthens economic liberty at an
individual level. This would help them to choose the kind of work they want
to do, rather than forcing them to do unproductive work to meet their daily
requirements.
Universal Basic Income would be a sort of an insurance against
unemployment and hence helps in reducing poverty.
UBI will result in equitable distribution of wealth. As explained above, only
poor will receive the full net benefits.
Increased income will increase the bargaining power of individuals, as
they will no longer be forced to accept any working conditions.
UBI is easy to implement. Because of its universal character, there is no
need to identify the beneficiaries. Thus it excludes errors in identifying the
intended beneficiaries which is a common problem in targeted welfare
schemes.
As every individual receive basic income, it promotes efficiency by
reducing wastages in government transfers. This would also help in reducing
corruption.
Considerable gains could be achieved in terms of bureaucratic costs and
time by replacing many of the social sector schemes with UBI.
As economic survey points out, transferring basic income directly into
bank accounts will increase the demand for financial services. This would
help banks to invest in the expansion of their service network, which is very
important for financial inclusion.
Under some circumstances, UBI could promote greater productivity. For
example, agriculture labourers who own small patch of land and earlier used
to work in others farm for low wages, can now undertake farming on their
own land. In long term, this will reduce the percentage of unused land and
helps in increasing agriculture productivity.
According to World Bank, in India, there are only 20 ATMs for every one
lakh adult population. Nearly one-third of the Indian adults remain
unbanked. With such a state of financial service infrastructure and financial
inclusion, it would be difficult for the people to access their benefits.
Financing the guaranteed minimum income would be another challenge.
There are chances that UBI would become an add-on to existing subsidies
rather than replace them.
What Economic Survey 2016-17 says about UBI?
The Economic survey 2016-17 assumes that in practice any program cannot
strive for strict universality. So survey proposes some alternatives.
First, survey targets bottom 75 percent of the population and this is
termed as quasi-universality. The cost for this quasi-universality is
estimated to be around 4.9 percent of GDP.
Second alternative targets women, who generally face worse prospects in
employment opportunities, education, health or financial inclusion. A UBI for
women can reduce the fiscal cost of providing a UBI to about half. Giving
money to women also reduces the concerns of money being used on
temptation goods.
Third, to start with a UBI for certain vulnerable groups such as widows,
pregnant mothers, the old and the infirm.
But, if any one of the above alternatives is adopted, it will also face the problem
of exclusion error in the identification of beneficiaries. Efficiency will be
reduced. Corruption will creep in. More importantly, UBI will not remain
universal.
Finland has started a pilot programme this year to understand the effects
of a basic income. Finland government would pay 560 per month to two
thousand unemployed individuals for next two years, and it would continue
to provide the income even if individuals find employment during this
period.
Some regions in the Netherlands and Canada have also announced the
pilot programme.
But, last year, Switzerland voted on UBI and rejected the proposal to
transfer 2,500 Swiss francs per month to every adult citizen and long-term
resident. The fiscal implication was the main reason for rejection of the
proposal in Switzerland.
Conclusion
Though UBI has many advantages, there are many practical challenges too. A
transparent and safe financial architecture that is accessible to all is important
for the success of the UBI. In other words, the success of UBI depends on the
success of efficient mode of delivery like JAM Trinity.
Also, a behavioral change on the part of account holders needed so that they
use their accounts more often. Banks need to find it profitable to provide access
to banking services.
As Economic Survey states, UBI is a powerful idea whose time even if not ripe
for implementation is ripe for serious discussion.
The Directive Principles of State Policy (DPSP) are the guidelines or principles given to the federal institutes
governing the state of India, to be kept in citation while framing laws and policies. These provisions, contained
in Part IV (Article 36-51) of the Constitution of India, are not enforceable by any court, but the principles laid
down therein are considered irrefutable in the governance of the country, making it the duty of the State [1] to
apply these principles in making laws to establish a just society in the country. The principles have been
inspired by the Directive Principles given in the Constitution of Ireland relate to social justice, economic
welfare, foreign policy, and legal and administrative matters.
Directive Principles are classified under the following categories: economic and socialistic, political and
administrative, justice and legal, environmental, protection of monuments and peace and security.
The concept of Directive Principles of State Policy was borrowed from the Irish Constitution. The makers of
the Constitution of India were influenced by the Irish nationalist movement. Hence, the Directive Principles of
the Indian constitution have been greatly influenced by the Directive Principles of State Policy.[2] The idea of
such policies "can be traced to the Declaration of the Rights of Man proclaimed by Revolutionary France and
the Declaration of Independence by the American Colonies."[3] The Indian constitution was also influenced by
the United Nations Universal Declaration of Human Rights.
Characteristics[edit]
Directive Principles of State Policy aim to create social and economic conditions under which the citizens can
lead a good life. They also aim to establish social and economic democracy through a welfare state. They act
as a check on the government, theorised as a yardstick in the hands of the people to measure the
performance of the government and vote it out of power if it does not fulfil the promises made during
the elections. Though the Directive Principles are non-justiciable rights of the people but fundamental in the
governance of the country. It shall be the duty of the State to apply these principles in making laws per Article
37 Besides, all executive agencies should also be guided by these principles.[1] Even the judiciary has to keep
them in mind in deciding cases.[6][7]
Directives[edit]
The directive principles ensure that the State[1] shall strive to promote the welfare of the people by promoting
a social order in which social, economic and political justice is informed in all institutions of life. Also, the
State shall work towards reducing economic inequality as well as inequalities in status and opportunities, not
only among individuals, but also among groups of people residing in different areas or engaged in different
vocations per Article 38. The State shall aim for securing right to an adequate means of livelihood for all
citizens, both men and women as well as equal pay for equal work for both men and women. The State
should work to prevent concentration of wealth and means of production in a few hands, and try to ensure
that ownership and control of the material resources is distributed to best serve the common good. Child
abuse and exploitation of workers should be prevented. Children should be allowed to develop in a healthy
manner and should be protected against exploitation and against moral and material abandonment
per Article 39. The State shall provide free legal aid to ensure that equal opportunities for securing justice is
ensured to all, and is not denied by reason of economic or other disabilities perArticle 39A. The State shall
also work for organisation of village panchayats and help enable them to function as units of self-government
perArticle 40. The State shall endeavour to provide the right to work, to education and to public assistance in
cases of unemployment, old age, sickness and disablement, within the limits of economic capacity per Article
41 as well as provide for just and humane conditions of work and maternity relief per Article 42.
The State should also ensure living wage and proper working conditions for workers, with full enjoyment of
leisure and social and cultural activities. Also, the promotion of cottage industries in rural areas is one of the
obligations of the State per Article 43 The State shall take steps to promote their participation in management
of industrial undertakings per Article 43A
Also, the State shall endeavour to secure a uniform civil code for all citizens perArticle 44 and provide free and
compulsory education to all children till they attain the age of 14 years per Article 45. This directive regarding
education of children was added by the 86th Amendment Act, 2002.[8] It should and work for the economic
and educational upliftment of scheduled castes, scheduled tribes and other weaker sections of the society
per Article 46
The directive principles commit the State to raise the level of nutrition and the standard of living and to
improve public health, particularly by prohibiting intoxicating drinks and drugs injurious to health except for
medicinal purposes per Article 47. It should also organise agriculture and animal husbandry on modern and
scientific lines by improving breeds and prohibiting slaughter of cows, calves, other milch and draught cattle
per Article 48.[9] It should protect and improve the environment and safeguard the forests and wild life of the
country per Article 48A. This directive, regarding protection of forests and wildlife was added by the 42nd
Amendment Act, 1976.[10]
Protection of monuments, places and objects of historic and artistic interest and national importance against
destruction and damage per Article 49 and separation of judiciary from executive in public services per Article
50 are also the obligations of the State as laid down in the directive principles. Finally Article 51 ensure that
the State shall strive for the promotion and maintenance of international peace and security, just and
honourable relations between nations, respect for international law and treaty obligations, as well as
settlement of international disputes by arbitration.
Implementation[edit]
There is no need of any constitutional amendment and simple legislation by the Parliament is adequate to
implement the Directive Principles as applicable laws per Article 245 as they are already enshrined in the
constitution. The State has made few efforts till now to implement the Directive Principles.
The Programme of Universalisation of Elementary Education and the five-year plans has been accorded the
highest priority in order to provide free education to all children up to the age of 14 years.The 86th
constitutional amendment of 2002 inserted a new article, Article 21-A, into the Constitution, that seeks to
provide free and compulsory education to all children aged 6 to 14 years.[8] Welfare schemes for the weaker
sections are being implemented both by the Central and State governments. These include programmes such
as boys' and girls' hostels for scheduled castes' or scheduled tribes' students.[11] The year 1990-1991 was
declared as the "Year of Social Justice" in the memory of B.R. Ambedkar.[12] The government provides free
textbooks to students belonging to scheduled castes or scheduled tribes pursuing medicine and engineering
courses. During 2002-2003, a sum of Rs. 47.7 million was released for this purpose.[13] In order that scheduled
castes and scheduled tribes are protected from atrocities, the Government enacted the The Prevention of
Atrocities Act, which provided severe punishments for such atrocities.[14]
Several Land Reform Acts were enacted to provide ownership rights to poor farmers. [15] Up to September
2001, more than 20,000,000 acres (80,000 km) of land had been distributed to scheduled castes, scheduled
tribes and the landless poor. The thrust of banking policy in India has been to improve banking facilities in the
rural areas.[16] The Minimum Wages Act of 1948 empowers government to fix minimum wages for employees
engaged in various employments.[17] The Consumer Protection Act of 1986 provides for the better protection
of consumers. The act is intended to provide simple, speedy and inexpensive redressal to the consumers'
grievances, award relief and compensation wherever appropriate to the consumer. [citation needed] The Equal
Remuneration Act of 1976, provides for equal pay for equal work for both men and women.
[18]
The Sampoorna Grameen Rozgar Yojana was launched in 2001 to attain the objective of gainful
employment for the rural poor. The programme was implemented through the Panchayati Raj institutions.[19]
Panchayati Raj now covers almost all states and Union territories.[20] One-third of the total number of seats
have been reserved for women in Panchayats at every level; in the case of Bihar, half the seats have been
reserved for women.[21][22] Legal aid at the expense of the State has been made compulsory in all cases
pertaining to criminal law, if the accused is too poor to engage a lawyer. Judiciary has been separated from
the executive in all the states and Union territories except Jammu and Kashmir and Nagaland.[13]
India's Foreign Policy has also to some degree been influenced by the DPSPs. India, in the past has
condemned all acts of aggression and has also supported the United Nations' peace-keeping activities. By
2004, the Indian Army had participated in 37 UN peace-keeping operations. India played a key role in the
passing of a UN resolution in 2003, which envisaged better co-operation between the Security Council and
the troop-contributing countries.[23] India has also been in favour of nuclear disarmament.[13]
Per Article 37, state and union governments, as duty, shall make further detailed policies and laws for
implementation considering DPSPs as fundamental policy. In contrary to Article 37, many policies have been
implemented by state and union governments which go against the DPSPs such as using intoxicating drinks as
source of major tax revenue instead of implementing prohibition for better health of people, separation of
judiciary from executive, uniform civil code for the citizen, etc. When the union government feels that a DPSP
is no longer useful to the nation, it shall be deleted from Constitution by bringing a constitutional amendment
to remove ambiguity in policy making / direction. Judiciary can repeal any policy/law devised by the
government which is diametrically opposite to any DPSP.