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THE NEED FOR EDUCATIONAL QUALIFICATIONS FOR ELECTED MEMBERS: A STUDY
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THE NEED FOR EDUCATIONAL
QUALIFICATIONS FOR ELECTED MEMBERS: A STUDY
AUTHORED BY - VAISHNAVI
RANJANA
OVERVIEW
This is an important research topic
in the present time as the need for educational qualifications for elected
Members is much debated and much needed. In this research work, an attempt is
made to analyze the possibility of prescribing educational qualifications for
Members of the Lok Sabha. It is an interesting paradox that the Constitution of
India and the Representation of the People Act 1951 prescribe no educational
qualifications for the Members of Parliament. The Constitution of India only
requires that a person be a citizen of India at 25 years of age to be a Member
of Lok Sabha. Only in Article 84(c), it was left open to the future Parliaments
to decide on such qualifications as the need be. In contrast, for holding any
public office in India, there are requirements regarding having minimum primary
education. One should note that the task of an elected Member of Lok Sabha,
amongst others, is primarily law-making for the entire nation.
There is an urgent need to introduce
education as an essential eligibility criterion for becoming an elected Member
of the Lok Sabha. The elected Members are the representatives chosen by the
people. They represent the legislative think tank, discuss and deliberate over
laws, and repeal obsolete, redundant, and archaic laws. The role and
responsibility of the elected Member of Lok Sabha are to legislate and hold the
government accountable. Under Article 75(3) of the Constitution, the Union
Cabinet is responsible to the Lower House. Therefore, not only an elected
Member of Lok Sabha holds the responsibility of legislation and representation
of people, but they also hold the government accountable. It is argued that the
educational qualifications of the elected Members would provide heterogeneous
character to the Lok Sabha, smooth functioning of the house, the incentive to
get educated, and ultimately less litigation in courts, amongst others. It is
argued that the educational qualifications of the elected Members of the Lok
Sabha impact the functioning of the Lower House.
In the Constitution of India, the
educational qualifications for being an elected Member of the Lok Sabha have
not been prescribed. The only qualification is that a person should be a
citizen of India and must be 25 years of age to contest elections to the House
of People (Lok Sabha). There are no educational qualifications prescribed. It
is argued that the criterion of prescribing minimum educational qualification
is a gray area that requires in- depth study and research. The primary question
is- why the Constitution of India has not prescribed educational qualifications
for being an elected Member of the Lower House. Moreover, what is the need to
introduce education as an eligibility criterion for becoming a Member of the
Lower House?
Interestingly, the Parliament of
India can prescribe “such other qualifications” when necessary. Under Article
84(c) of the Constitution, the Parliament has the power to prescribe such other
qualifications by or under any law made by Parliament. This means that
Parliament ‘may’ prescribe an educational qualification for contesting
elections to the Lower House.
In this research work, after a
comprehensive study and analysis regarding the need for the educational
qualifications of elected Members of the Lok Sabha since Independence, the
following conclusions have been derived:
1. LACK OF CONSTITUTIONAL PROVISION
1.1 Historical Factors
India is a diverse country. At the
time of Independence, it had enormous poverty, illiteracy, and lack of
opportunities for education, employment, etc. The drafting of the Constitution
of India took two years and eleven months to complete it. The Constitution
makers were determined to give the right to vote to all, irrespective of
colour, class, race, or religion, so that every citizen participates in the
making of Indian democracy. At that
point in time, the Constituent Assembly thought it inappropriate to prescribe
educational qualifications for the elected Members of the Lok Sabha and
therefore, left it open for future Parliaments to pass laws prescribing the
educational qualifications for being an elected Member of the Lok Sabha.
Article 84(c) added a clause to allow future Parliaments to devise and
implement such qualifications as required at an appropriate time when the
country is stabilized and the literacy rate is improved.
1.2 Literacy Rate
After India gained Independence, the
population of India was largely illiterate. The Census of India 1951 depicted a
literacy rate of only 18.33%. Prescribing any kind of educational
qualifications at that time would significantly debar more than 80% of the
population from participating in the democratic process. No democracy will
function if a large part of the population is excluded from the election
process. Therefore, it may be wise not to impose educational qualifications for
becoming a member of the Lok Sabha at that time. Nevertheless, today, according
to the National Survey of India 2021, the literacy rate is 77.7%. With the
rising literacy rates, it would be appropriate now to include the minimum educational
qualifications for an elected Member of the Lower House, maybe by amending the
relevant Constitutional provision or the Statute.
1.3 Nascent Democracy
India got freedom from British
slavery and took charge of the country by devising a Constitution that would
suit the Indian realities. Prescribing such exclusionary qualifications would
mean excluding many participating in the democratic process. It was perceived
that this provision would threaten democracy. Therefore, though extensive
debates in the Constituent Assembly were conducted on prescribing educational
qualifications in the Lok Sabha, it was left open for the future.
2. NEED FOR EDUCATIONAL QUALIFICATIONS
2.1 Elected Representatives Make Laws
The most crucial role and
responsibility of an elected Member of the Lok Sabha is to make laws for the
country. They are expected to read and write several statutes, reports, etc.,
and ponder over and discuss various points with others, inside and outside of
the Parliament. They are ultimately required to give well-thought opinions and
suggestions to make the laws better and acceptable to all and as per the needs
of the community at that point in time. Therefore, the task of making laws
requires deep thinking and experience and it is always better if members
possess some minimum educational qualifications.
2.2 Checks and Balances on the Functioning of Government
The Lok Sabha, being the
bigger House in the Indian Parliament often provides for the desired checks and
balances required for the efficient functioning of the Government. According to
Article 75(3) of the Constitution of India, the Union Council of Ministers are
responsible to the Lok Sabha. The Lok Sabha has enormous powers to make the
Government accountable for its actions. The elected Members' educational
qualifications can play a considerable role in exercising these powers.
3. CHANGE IN THE SOCIO-ECONOMIC PROFILE OF ELECTED
MEMBERS OF THE LOK SABHA
For
analyzing the change in the socio-economic profile of the Elected Members, four
parameters namely- education background, age profile, gender, and professional
profile[1] have been
assessed. For clarity, one Lok Sabha from each decade was picked to analyze
these indicators. Hence, the First, Third, Fifth, Seventh, Tenth, Fourteenth,
and Sixteenth Lok Sabhas have been selected. The brief final outcome has been
discussed hereunder:
3.1 Educational Qualifications of the elected Members
After independence, in the first Lok
Sabha, it has been found that the under-matriculation or below was the lowest
education level with 23.48% of elected Members being under-matriculates. The
number of graduates was 37.1% and the number of post-graduates was 17.62%.
Interestingly, the
under-matriculation category has reduced over the years as elected Members
possess higher educational levels. If we look at the number of elected Members
belonging to the under-matriculation category, their number has continuously
declined. The First (23.48%), Third (28.77%), and Fifth Lok Sabha (23.15%)
spotted the highest number of under-matriculation Members but since then the
percentages have been on a decline, with the lowest number of elected Members
having matriculation, 2.9% in the Sixteenth Lok Sabha. This is a positive trend
as most elected Members are scaling up to higher degrees.
The next category is the
matriculation category which includes higher secondary, and intermediate
certificate holders. In the First Lok Sabha, this percentage was 18.44% but
then it started showing a decline in the Fifth Lok Sabha at 15.95%. This category again showed an upward trend in
the Seventh Lok Sabha (22.35%) to a decline in the Sixteenth Lok Sabha (18.8%).
This analysis is interesting as the matriculation category declined leading to
an increase in the graduate’s category. This clearly depicts that the Indian
population is moving to higher education categories now.
The next category was a graduate or equivalent
category. The graduate category has always had the major chunk of elected
Members. The First (37.1%), the Third (32.04%), the Fifth (36.63%), Seventh
(40.34%), Tenth (43.66%), Fourteenth (45.85%), Sixteenth (40.8%) had a good
representation of graduate elected Members. This depicts a positive trend as
most elected Members fall at least to a graduate degree or equivalent category
now.
The next category is the
post-graduate category. The post-graduates, including technical education, have
slowly and steadily increased with each consecutive Lok Sabha, from 17.62% in
the First Lok Sabha to 29.9% in the Sixteenth Lok Sabha. This illustrates that
the elected Members are possessing Masters or equivalent degrees over time.
The last category is doctoral
degrees. The category of elected Members with doctoral degrees has improved its
position from First Lok Sabha (3.16%) to Sixteenth Lok Sabha (7.6%).
It is evident that the educational
qualifications of elected Members of Lok Sabha have increased as more Members
move to the graduate or above qualifications. After
an extensive reading of the educational qualifications of the Members of Lok
Sabha as illustrated above, one can safely conclude more than 70% of the
Members of the Lok Sabha have at least a graduate or post graduate in the last
three general elections. The Members with doctoral degrees have also been
dwindling between 4-5% on an average. Further, an average of 27% of Members
have just a matriculation degree. The 13th, 15th, and 16th
Lok Sabha has been the most educated, with 80.29%, 82%, and 81% of the Members
possessing above graduate qualifications, including a doctorate. With the rise
in literacy rate since Independence, the educational qualification of the
Members has improved tremendously.
3.2 Age Profile of the Lok Sabha Members
It is evident that the First Lok
Sabha was the youngest amongst all the Lok Sabhas till date, with around 17.75%
of elected Members falling into the 25-35
years category. This percentage continued to decline till the Sixteenth Lok
Sabha, with 5% of elected Members within this range.
The category of Members belonging to 36-45 years has shown a consistent
presence over the seven decades. Interestingly, this percentage is now reduced
in the Sixteenth Lok Sabha to 14.6% only.
The age group of 46-55 years is considered the most versatile and experienced group
that has shown consistent presence over the years, with more than 25% in all
the Lok Sabha.
Even the category of Members
belonging to 56-65 years has seen a
consistent rise over the years. The lowest number in the 56-65 years was the
First Lok Sabha, with 16.45% Members. This category has been the highest in the
Sixteenth Lok Sabha with 33.7% Members.
Similarly, the category of Members in
the 66-75 age group has also made
slow but steady improvement in its representation. It was at its lowest in the
First Lok Sabha with just 2.38 percent. This peaked in the Sixteenth Lok Sabha
with 16.7% Members.
The Members of the age group of 76-85 years have shown a constant
improvement over the seven decades.
Even the age category of 86-95 years has revived in the sixteenth
Lok Sabha with 0.18%.
3.3 Professional Background of the elected Members of Lok Sabha
At the outset, the data for the
professional profile of the Lok Sabha was available only till the Tenth Lok
Sabha. Broadly, in the First Lok Sabha, agriculturists, lawyers, political and
social workers, and businessmen were the maximum professions ticked. Over the
years, 39% elected Members
have declared political and social work as their occupation.[2]
It is evident that there has been a
steady increase in the representation of agriculturists in the Lok Sabha from
22.45% in the First Lok Sabha to 32.09% in the Tenth Lok Sabha. Ironically, the
representation of lawyers in the Lok Sabha has steadily reduced from being the
highest at 35.42% in the First Lok Sabha to as low as 16.32% in the Tenth Lok
Sabha. The representation of lawyers in the Lok Sabha is 4.12% in the
Seventeenth Lok Sabha.
The percentage of elected Members
declaring themselves political and social workers rose massively from the Third
to Seventeenth Lok Sabha. Today, 38% are engaged in agricultural activities.
23% Members are businessmen. Only 4% of Members are lawyers. Several Members
have declared more than one occupation.
The diverse representation of people
from various professions depicts a positive picture of the Lok Sabha.
3.4 Female Representation in the Lok Sabha
Since
inception, the Lok Sabha does not have a good female representation. While the
First Lok Sabha had only 4.5% females, this number rose to 12.17% in the
Sixteenth Lok Sabha. In the Seventeenth Lok Sabha, the number of females is
14.92%. This is much lower than the world average of 30%. Traditional norms and
pre-assigned male and female roles may have prevented women from participating
in the country's law-making body.
4. IMPACT OF EDUCATIONAL QUALIFICATIONS ON VOTER
PARTICIPATION AND ON THE FUNCTIONING OF LOWER HOUSE
In the last section, it was observed
that educational qualifications have increased over the years. This is to be
seen that if the increase in educational qualifications has improved the voter
participation and what is its impact on the functioning of the Lower House. For
this purpose, the first Lok Sabha from each decade was studied and analyzed to
assess the functioning of the Lower House on the parameters of the number of
sittings, bills introduced and bills passed, time lost due to
disruptions/interruptions, and the number of bills lapsed. For the purpose of
clarity, the First, Third, Fifth, Seventh, Tenth, Fourteenth, and Sixteenth Lok
Sabha have been studied.
Also, in this section, a comparative
analysis of democracies between the United Kingdom, Canada, and Malaysia with
India has been conducted. In the Western world, the countries chosen were the
United Kingdom and Canada. The UK and Canada have some similarities with
India's Parliamentary form of Government and a bicameral system. From the South
Asian countries, Malaysia was chosen for comparison with India whose democracy
is on similar lines with that of India, though not the same. Obviously, India
need not follow the same path as them but valuable lessons can be learned. The
rationale behind choosing these countries-the United Kingdom, Canada, and
Malaysia was, apart from the Parliamentary form of Government and bicameral
legislatures, they have high literacy rates, and therefore, the elected Members
of their Lower House are well-educated, which has impacted the voter
participation and the functioning of the Government.
After a comparative analysis with the
UK, Canada, and Malaysia, it was found that the countries with higher
educational qualifications for elected Members perform better on the Global
Democracy Index. Countries with high literacy rates tend to have more educated
elected Members. The comparative study between the UK, Malaysia, Canada, and
India found significant differences in indicators of the political
participation, functioning of Governments, and protection of rights and civil
liberties. It was observed that the educational qualifications of elected
Members impact the functioning of a democracy. Let us analyze the impact of
educational qualification on voter participation and on the functioning of the
Lower House in detail.
4.1 Voter Participation
4.1.1 Voter Turnout
Education of the electorate and
candidates leads to a win-win situation. On the one hand, it encourages the
voters to participate in the democratic process; on the other, it brings
educated leaders to the Lower House. Systematic Voters’ Education and Electoral
Participation program (SVEEP), is the flagship program of the Election
Commission of India for voter education, spreading voter awareness, and
promoting voter literacy in India. In India, the voter turnout at elections was
67.4% in the last general elections of 2019. Education instils a sense of
responsibility and gives the power of judgment to the electorate to choose the
government they like. The ECI’s pioneering initiative to ensure free and fair
elections was the introduction of Electronic Voting Machines (hereinafter
referred to as EVMs) under article 324 of the Constitution.[3]
The EVMs were introduced in India in 1998 on an experimental basis. The law
against the tampering of EVMs has been laid down in sec. 135, sec. 135-A of the
Representation of the People Act, 1951. None of the Above (NOTA) option was
first upheld in the case of People’s
Union for Civil Liberties v. Union of India to give vote a choice not to vote for any candidate.[4]
Below is the analysis of the First,
Third, Fifth, Seventh, Tenth, Fourteenth, and Sixteenth Lok Sabha. The voter
turnout has increased with the rise in literacy levels. One can observe that
with the rise in the literacy rate since 1952, voter turnout has increased.
Voter Turnout in Lok Sabha General Elections[5]
|
1952
|
1962
|
|
1971
|
1980
|
1991
|
2004
|
2014
|
|
45.7%
|
55.42%
|
|
55.27%
|
56.92%
|
55.88%
|
58.07%
|
66.3%
|
|
1951
|
1961
|
1971
|
1981
|
1991
|
2001
|
2011
|
2021
|
|
18.33%
|
28.3%
|
34.45%
|
43.57%
|
52.21%
|
64.7%
|
74.04%
|
77.70%
|
It was observed that the United
Kingdom, Canada, and Malaysia have better political participation in terms of
voter turnout at elections, and women participation, overseas voting, and
prisoners' right to vote because of high literacy rates in the country. The
higher the literacy rate, the better the voter participation in the elections.
In the UK, the voter turnout in the
last general election of 2019 was 67.3% of eligible voters which was a 1.5
percent drop as compared to the previous general elections of 2017.[7] In the
general election of 1950, the voter turnout was as high as 83.9%. In 2001, it
dropped to 59.4%. In Canada, in
the last general elections, the voting was 62.6%. Malaysia has a good voter
turnout. In the last general elections, Malaysia had a 74.04% voter turnout. In
the 2018 general elections, the voter turnout was 82.32%.
4.1.2 Impact of Literacy on Voter Turnout
India’s literacy rate has continued
to rise since Independence. At the time of Independence, the literacy rate was
only 18.33%. In 2021, this percentage increased to 77.7%. With the rise in
literacy rate, Indian voter turnout has also increased. In 1951, India had 17.32 crore registered voters,
and only 45.67 percent turned out to vote. But, in 2019, general elections had
91.20 crores registered voters, out of which 67.4 percent turned out to vote.
Therefore, the literacy rate positively impacts voter turnout at elections.
The United Kingdom and Canada have
literacy rates of 99% each. In the UK, in the last general election of 2019, the
voter turnout was 67.3% of eligible voters which was a 1.5 percent drop as
compared to the previous general elections of 2017.[8]
In Canada, in the 44th general election, the voter turnout was
62.6%. In the 43rd general elections of 2019, the turnout of voters was 67%.[9]
In Malaysia, the literacy rate is
95.71% in 2022. The voter turnout in Malaysia's last general election was
74.04%.
4.1.3 Modification in the Age Limit
With the increase in the educational
qualifications of elected Members, the legislation on voting age got modified.
The educated elected Members understood the value of the adult franchise for a
robust democracy. Therefore, in India, the age limit was modified through the
Constitution (Sixty-First) Amendment Act, 1988 under Article 326 of the
Constitution of India. This amendment lowered the voting age from 21 years to
18 years.
In the UK, voting rights were a
long-drawn constitutional struggle. The Equal Franchise Act, of 1928 granted
voting rights to males and females of 21 years of age. But with the
Representation of People Act, of 1969, the voting age in the UK was lowered
from 21 to 18 years.
In Canada, voting rights were formed as a part of Section 3 of
the Canadian Charter of Rights and Freedoms in 1982, and as of today, the
voting age is 18 years of age.
Malaysia passed a Constitutional
Amendment Act in 2019 named Undi18 means “Vote at 18”, enfranchising several
million voters of 18 years to vote. This amendment lowered the voting age from
21 to 18 amending Article 119 (1)(a) of the Constitution of Malaysia.
4.1.4 Categories of Voters
To increase voter participation, the
educated elected Members also increased the categories of voters. In India,
there is a need to increase the categories of voters. There is no voting right
for prisoners/undertrials as per section 62(5) of the Representation of People
Act, 1951. The impugned section’s constitutional validity has been challenged
in the Supreme Court of India in the Ankul
Chandra Pradhan v. Union of India.[10]
In this case, the three-judge bench upheld the constitutional validity of
Section 62(5) of RPA, 1951. Expat or overseas electors still do not have voting
rights in India. For accessibility to disabled, the Election Commission of
India’s motto “no voter left behind” underlines a more accessible and equitable
world. The ECI
has also introduced postal ballot facility for PwDs, braibraille signage on
EVMs and PwD mobile app to help the physically challenged voters to register
themselves and avail of assistance to the polling station and also to cast
their vote.[11]
In the United Kingdom, the educated
elected Members are constantly putting efforts to increase the categories of
voters. After the UK v. Hirst[12]
case, the prisoners have voting rights. For overseas voting, the Elections Act
2022 has brought drastic changes by bringing the “voter for life” policy. It
removed the provision of the 15 years rule and changed it to lifetime voting.
The Government of the UK is proactive to include disabled voters. The Election
Act 2022 provides appropriate equipment to assist voters with disabilities at
the polling stations.
In Canada also, the educated elected
Members played a significant role in increasing the categories of voters. The
prisoner’s voting rights were granted through Sauve v. Canada (Chief Electoral Officer).[13]
For overseas voting, through the Frank v.
Canada[14] case,
expat voting rights were granted. For accessibility of electors, the Elections
Modernization Act 2019 redrafted the provisions around assistance for a
disabled elector by an election officer, a friend, or a relative to ensure
support where necessary. The “Voting at home” concept was brought about by this
Act.
In Malaysia, prison inmates have no
right to vote. However, if a prisoner is registered as a voter before
conviction has the right to vote. Overseas electors can vote by postal ballots. Not many efforts have been
made to make polling stations accessible to the disabled in Malaysia.
4.1.5 Legislative Changes
In order to include more voter
participation, the Election Commission has recommended the Law Ministry make
several amendments to the Representation of People Act, 1951. Firstly, the need
for linking Aadhar to Voter ID cards would pave the way for internet-based voting and for
giving ‘remote’ voting rights to domestic migrant workers. Secondly, a proposal
to amend section 14(b) of the RPA, 1951 for automatically registering
first-time voters as they turn 18. Thirdly, amending section 20(6) of the Act
to allow the husband of a female officer to be registered as a service voter
where she holds office. Along with NOTA and SVEEP, these amendments would be
helpful in enabling voting rights to eligible voters.
In
the UK, Election Act 2022 has brought about legislative changes in the
electoral process. The Election Act, 2022 has introduced voter photo
identification cards, rights of expats to vote, and making polling stations
more accessible to the disabled, etc. In Canada, Elections Modernization Act, 2019 has brought
progressive changes in electoral laws. The Modernization Act has introduced new
offences related to foreign interference in elections, mainly online or
digital, and inclusion of citizens in the democratic process. In Malaysia, the
Undi18 Act has lowered the voting age and made automatic voter registration
possible.
4.1.6 Women's Participation
Comparing India’s democracy with the
UK, Canada, and Malaysia, one could conclude that the countries with educated
elected Members have greater women’s political participation. The UK has 35% of
females in the Lower House. Canada has 30.5% of the females in their Lower
House. On the other hand, India has just 14.92% of females in its current Lok
Sabha. Malaysia has only 13.9% of the females in its Lower House. Malaysia and
India are South Asian countries where women's political participation is still
not traditionally approved.
4.2 Functioning of Lower House
This study is based on the First,
Third, Fifth, Seventh, Tenth, Fourteenth, and Sixteenth Lok Sabha. The first
Lok Sabha from each decade has been picked up, the functioning of which has
been summarized hereunder:
4.2.1 Number of Sittings
While the number of sittings in the
First Lok Sabha was 677, it steadily reduced to 331 in the Sixteenth Lok Sabha.
There was a declining trend for the number of sittings over the years. The
reduction in the number of sittings could be mainly due to disruptions and
interruptions.
4.2.2 Number of Bills introduced and passed
The number of Bills introduced and
passed went on decreasing over the years. In the First Lok Sabha, the number of
Bills introduced was 282. This increased in the Fifth Lok Sabha to 379 but then
it reduced to 219 in the Sixteenth Lok Sabha.
The number of Bills passed has also
reduced over the years. In the First Lok Sabha, the number of Bills passed was
333 but then it was reduced to 205 in the Sixteenth Lok Sabha.
One of the reasons could be that
after Independence, India was in a nascent stage, where the need to legislate
was more, but over the years, as India became a more stable democracy, the need
to introduce and pass laws became lesser.
4.2.3 Number of Bills Lapsed
The number of Bills lapsed has
reduced over the years. In the First Lok Sabha, the number of bills lapsed was
7. This number increased to 38 in the Third Lok Sabha. In the Fourteenth Lok
Sabha, the number of Bills lapsed was highest at 39. While the number of Bills
lapsed was Zero in the Sixteenth Lok Sabha.
With the rise in educational
qualifications in the Sixteenth Lok Sabha, the number of Bills that lapsed has
become zero. One can conclude that the elected Members finish the tasks
assigned to them within time; as a result, the Bills have not lapsed. Another
reason could be that the lesser introduction of Bills leads to lesser Bills
being lapsed. The educated elected Members are performing well in passing the
Bills presented to them.
4.2.4 Significance of Discussions
4.2.4.1 Question Hour
As per Parliamentary Rules and
Procedures, the Question Hour and Zero House are supposed to be held every day
for 60 minutes in the Lok Sabha. The Sixteenth Lok Sabha spent 13% of its time on Question Hour, 10% on
short-duration discussions, and 0.7% on calling attention motions. The Question
Hour in Lok Sabha functioned for 67% of its scheduled time and a significant
part of this Hour was lost due to disruptions.[15]
The House of Commons of the UK has an
hour allotted to it from Monday to Thursday for Question Hour time. Each government department answers
questions according to a rota called “the Order of Oral Questions.” The
questions asked must relate to the responsibilities of the government
department concerned. It is important to note that Question Time is taken
seriously and held regularly in the UK. The last general elections of
2019 depict that almost all of the elected Members of the UK are educated. The
educated elected Members are more likely to contribute to healthy debates and
discussions, legislating new laws, and keeping a check on government spending.
It is worth noting that there have been little to no disruptions in the Lower
of the UK Parliament.
In Canada, daily 45 minutes are
allotted to the Question Hour period posed to any Prime Minister or Cabinet
Minister in Canada. This Hour is held regularly. Also, in terms of disruptions,
there have been no disruptions clocked in the Canadian House of Commons in
recent decades. This might be because countries like the UK and Canada have
specific ‘Opposition Days’ in the Parliament where the Opposition can set the
agenda and discussion can take on subjects of importance to the opposition.
Separate Opposition Days means that time is given to the opposition party to
raise their viewpoints and question the Government without hampering the
functioning of the Lower House. This measure can strengthen the functioning of
the Lower House.
In Malaysia, the Question Time is
just six minutes. The Ministers can reply to them within half-an-hour time. The
Question Time is held regularly. Disruptions are controlled by the Speaker in
Malaysia for suspending or expelling the MP from the Lower House.
4.2.4.2 Half-an-Hour Discussions
Half-an-hour discussions on important
issues is the backbone of any democracy. In India, the number of half-an-hour
discussions has reduced.
In the First Lok Sabha, there were 38
half-an-hour discussions held. In the Third and Fifth Lok Sabha, the number of
half-an-hour discussions was 109 and 124 respectively. After that, this number
has gone down. In the Sixteenth Lok Sabha, there were just 5 half-an-hour
discussions in the span of five years.
Ideally, rising educational
qualifications should have initiated more half-an-hour discussions, but the
result is quite the opposite. Some of the reasons could be the elected Members'
lack of commitment, seriousness and dedication toward carrying out the basic
tenets of democracy. Also, there are no incentive for doing good legislative
work.
The UK, Canada, and Malaysia do not
have half-an-hour discussions.
4.2.5 Time Lost Due to Disruptions/Interruptions
In India, the functioning of the
Government is largely hampered by disruptions in the Lower House. Nowadays, disruptions
are mainly due to the more heterogeneous composition of the Parliament as
compared to the first three decades, the replacement of the dominant party
system with coalition governments, televising of Parliamentary proceedings, and
the acceptance that disruptions are a part of Indian parliamentary culture.
The time lost due to disruptions/
interruptions has increased over the last seven decades of the Lok Sabha
functioning. The disruptions in the Lok Sabha hamper the functioning and result
in the loss of taxpayers' money. While the First Lok Sabha had zero disruption
hours, the Sixteenth Lok Sabha has a massive disruption record of 422 hours and
50 minutes. One of the reasons could be the lack of dedication and seriousness
of conducting Lok Sabha sessions in a disciplined manner.
It is worth noting that the UK and
Canada have no/less disruptions. In Malaysia also, the disruptions are minimal.
4.2.6 Civil Liberties
In India, since the educational
qualifications of elected Members have improved, India has begun to devise
proactive laws for women and the disabled. Much is yet to be done. Introducing
voting rights for overseas electors, prisoners’ right to vote, regulated
government control of media and surveillance etc. is yet to be worked upon. Proactive
laws in this regard can be made if the elected Members come from highly
educated backgrounds and understand the importance of such rights.
The United Kingdom and Canada have
performed well on the civil rights and liberties indicator as they have devised
inclusive laws for the marginalized. Malaysian democracy has not been good with
this indicator. Though civil liberties are a really broad concept, a few
indicators like accessibility to the disabled to polling stations, the
magnitude of free speech and privacy laws, voting right to prisoners, the right
of overseas electors to vote etc. were analyzed.
The United Kingdom has educated
elected Members because of this the laws devised are proactive and inclusive.
The UK has voting rights for prisoners, the right to overseas electors to vote,
and making polling stations disabled-friendly, the right to privacy from
Government surveillance, etc.
In Canada as well, the educated
elected Members devise proactive laws for the citizens. Canada has devised more
proactive laws for prisoner’s voting rights, introducing overseas voting,
making voting accessible for the disabled, free speech and the right to
privacy.
In Malaysia, civil liberties and
rights have not been the best. Malaysian political context has been shaped by
balancing and harmonizing varied communal interests in the multi-ethnic,
multicultural, and multi-religious developing nation. Malaysia has postal
voting for prisoners on request voting for overseas citizens, and accessibility
to polling stations for the disabled. Although free speech is a fundamental
right though not absolute, the Malaysian Penal Code, Sedition Act, Peaceful
Assembly Act, and Communication and Multimedia Act contain overbroad and
vaguely worded provisions that allow police to arrest or investigate people for
a wide range of activities that the government dislikes.
5. SUGGESTIONS
The
following suggestions are based on the conclusions drawn above. If implemented,
these suggestions would bring quality, efficiency, and a better-functioning
democracy.
5.1 Statutory Amendment
As per Article 84(c) of the
Constitution, statutory incorporation can be made in section 4 of the
Representation of People Act, 1951. In section 4 of the RP Act, 1951, the
following words may be added, “he/she should have the capacity to read and write and to comprehend laws.”
5.2 Adult Literacy Programmes- In order to ensure continuing education, the Government
should conduct adult literacy programs at a broad scale so that the citizens of
India understand the importance of education and can effectively participate in
the electoral process. These programs can include increasing reading and
writing abilities, teaching a skill like public speaking, etc. There is a need
to change people’s perception of politics in India so that more educated people
enter politics. This can happen only through education.
In UK and Canada, adult/vocational
training is provided at a nominal cost for citizens of any age.
5.3 Regular training regarding the significance of Elections- Free and fair elections are the
backbone of any robust democracy. With regular training and literacy programs,
the citizens can understand the significance of elections and their
participation may enhance.
In UK, various political literacy programs are introduced all
over Britain to induce more political participation. They believe that
political literacy needs to be inculcated in the children right from school.
In Canada (Ontario), there is a
compulsory civic education course in Grade 10.[16]
Some other methods are experimental classroom education, including using more
participatory and experimental methods to teach politics, media literacy
training focusing on authenticating information received, citizen assemblies,
and public campaign to counter fake news.
5.4 Regular Training to Members of Lower House- At the induction of new members,
ordinarily the training is imparted regarding the Parliamentary rules and
procedures. It is suggested that regular courses and training programs on
different aspects of parliamentary procedures must be organized. It may be made
mandatory for every Member to attend some minimum number of such
courses/programms.
5.5 Categories of voting- A road map incorporating overseas voting and email voting
should be introduced with proper safeguards. This can increase voter turnout at
elections. Many citizens of India who have settled in another country or have a
migration history are not able to vote. The Government should focus on
increasing the categories of voters with migration backgrounds and internet
voting. For migrant workers also, some scheme may be devised to allow them to
vote at the place of their work, if it is not possible for them to be stationed
at one place.
In UK, overseas voting/expat voting
is provided. Another kind of voting is proxy voting introduced for service
professionals like armed forces professionals. If an eligible voter cannot vote
on polling day, has a medical issue, or cannot vote because of work or military
service, they can ask someone to vote on their behalf.
Canada has incorporated non-resident
or expat voting in their election process. Malaysia has introduced postal
voting for overseas electors.
5.6 Automatic Voter Registration at 18- Currently, those who turn 18, by
January 1st of that year are registered as voters. To ensure that no 18-year-old is denied voting
rights, registration should be permitted any day of the year or they are
registered as voters automatically, may be through their birth certificate or
Aadhar Card.
In UK, Canada have yet not
implemented Automatic Voter Registration, though some states in Canada have
started to implement it. Malaysia has made Automatic Voter Registration
possible as soon as a citizen turns 18.
5.7 Aadhaar-Voter ID
linkage- Linking Aadhar to Voter ID would weed out
duplications and misinterpretations. This reform would also be critical in
introducing electronic or internet-based voting and giving remote voting right
to domestic migrant workers.
5.8 “Voting at home” concept- Accessibility
to disabled voters is required for proper inclusion in the electoral process.
Voting at home would enable a disabled voter to cast his vote without being
excluded because of infrastructural difficulties.
5.9 Women's participation- Women members should be especially encouraged to participate
in the elections. Learning from the UK and Canada, the Parliament should have
more caregiving facilities so that more and more women with children can enter
politics without hesitation. Above all, the Women Reservation Bill needs to be
passed, reserving 1/3rd of seats for women in the Lok Sabha.
5.10 Mandatory Participation- To address the problem of lack of quorum in the Lok Sabha, a
“roster system” for ensuring at least 50% of the attendance of legislatures
should be introduced.
5.11 ‘Opposition Days’ in Parliament: In order to combat disruptions, one can learn from
the UK and Canada. These
countries have specific ‘Opposition Days’ in the Parliament where the
Opposition can set the agenda and discussion can take on subjects of importance
to the Opposition. Implementation of this could reduce the disruptions and
strengthen democracy.
5.12 Enhancing Transparency- The elected members must compulsorily visit their
constituency once in six months and discuss the people's grievances. A report
on MPLAD funds spending should be presented after each year. Spending on
education facilities should be a priority for every member.
In this study, after a comprehensive
study of the educational qualifications of the elected Members and their impact
on the functioning of the Lower House, one can conclude that the educational
qualifications have increased over the years with the rise in the literacy rate
of India. The voter participation has increased but the functioning of the
Lower House has not improved, as expected. Hence, the hypothesis stands partly
proved.
[1] The professional profile is only available till Tenth
Lok Sabha on the relevant websites.
[2] PRS Legislative Research, Profile of the newly elected 17th Lok Sabha, PRS LEGISLATIVE
RESEARCH (May 5, 2023, 1.20 PM),
https://prsindia.org/parliamenttrack/vital-stats/profile-of-the-newly-elected-17th-lok-sabha.
[3] Over the last twenty years, the Commission has
successfully conducted 107 State Legislative Assembly elections and 03 Lok
Sabha elections using EVMs. Since September 2013, Voter Verifiable Paper Audit
Trail (VVPAT) machines have also been used in various State Assembly and
Parliamentary constituencies for enhanced transparency and credibility in the
voting process.
[4] (2003) 4 S.C.C. 399.
[5] National Portal of India, Voter Information, GOVERNMENT OF INDIA (July 18, 2022, 4.13 PM),
https://www.india.gov.in/spotlight/voter-information.
[6]Census of India, Literacy
Rate of India, GOVERNMENT OF INDIA (July 14, 2022, 4.35 PM),
https://censusofindia2021.com/literacy-rate-of-india-2021/#Total_Literacy_rate_of_whole_population_of_India_Since_1901_to_2021.
[7] Elise Uberoi, Turnout
at elections, HOUSE OF COMMONS LIBRARY (Aug. 26, 2021, 8.30 PM),
https://assets-learning.parliament.uk/uploads/2021/12/Turnout-at-Elections.pdf.
[8] Ibid.
[9] Voter Turnout at Federal Elections and Referendums, ELECTIONS CANADA (Sept. 25, 2022, 9.22 PM),
https://www.elections.ca/content.aspx?section=eledir=turn&document=index&lang=e.
[10] A.I.R. 1997 S.C. 2814.
[11] Bhari Jain, Marked rise in
registered voters with disabilities; EC to mamake upcoming state polls more
'accessible', THE TIMES OF INDIA (May 5, 2023, 10.51 PM), http://timesofindia.indiatimes.com/articleshow/86402246.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
[12] (2005) ECHR
681.
[13] [1996] 1 F.C. 857.
[14] (2019) S.C.C. 1.
[15] PRS Legislative Research, Functioning of Sixteenth Lok Sabha, PRS LEGISLATIVE RESEARCH (May
1, 2023, 8.09 PM),
https://prsindia.org/parliamenttrack/vital-stats/functioning-of-16th-lok-sabha-2014-2019.
[16] Samara Centre for Democracy, Investing in Canadian’s civic literacy, SAMARA CENTER FOR DEMOCRACY
(May 12, 2022, 7.12 PM),
https://www.samaracanada.com/research/active-citizenship/investing-in-canadians'-civic-literacy.
Article Information
THE NEED FOR EDUCATIONAL QUALIFICATIONS FOR ELECTED MEMBERS: A STUDY
Authors: VAISHNAVI RANJANA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/11
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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