Democracy and Election System

Democracy and Election System

Concept of Democracy

• It is believed that democracy originated about 2,500 years ago in some city-states of ancient Greece.
• Dicey: "Democracy is a system of governance in which a relatively large portion of the state acts as the ruler."
• Lord Bryce: "Democracy refers to a form of governance where sovereign power is legally vested not in any particular class but in all members of society."
• Abraham Lincoln: "Democracy is a government of the people, for the people, and by the people."
• The term "democracy" first emerged in ancient Greece, initially referred to as "pragatantra," which later came to be known as democracy.
• Democracy is a system of governance where the people of the country exercise political and sovereign power themselves.
• The word democracy is derived from the Greek words "Demos" (people) and "Cratia" (rule), meaning rule by the people.
• Seely: "Democracy is a government in which every individual participates directly."
• Hall: "Democracy is a form of political organization where the people have control."
• Lewis: "Democracy is primarily a form of governance in which the majority of the nation's people participate in exercising sovereignty."

Types of Democracy

1. Representative Democracy

In this system, the elected representatives or political parties that win elections govern, while the minority serves as the opposition.

Features of Representative Democracy:

• Competitive
• Political pluralism
• Prominence of political parties
• Supremacy of the constitution
• Civil liberties
• Periodic elections

2. Inclusive Democracy

• Inclusive democracy is the result of an ideological synthesis of classical democracy and socialism.
• It refers to the rights of local bodies and community organizations over the natural resources around them.
• Inclusive democracy is primarily adopted in multicultural countries.
• It is believed to have originated in Switzerland in 1848.
• Takis Fotopoulos is considered the proponent of inclusive democracy.
• In this form of democracy, people have the opportunity to directly participate in decision-making processes, and private ownership of the means of production is replaced by public ownership.

Merits of Democracy

1. Governance based on the will of the people
2. Right to criticism
3. Individual freedom
4. Supremacy of public opinion
5. Adherence to the law
6. National sentiment and patriotism
7. Accountable government

Demerits of Democracy

• Edmund Burke: "Democratic virtues are merely a hollow imagination."
• Gettel: "The more money spent in elections, the more it wastes resources and destroys the democratic spirit."
• Plato called democracy the "reign of ignorance."
• Carlyle: "If there is one wise person and nine fools in the world, democracy means the rule of fools."
• Expensive system
• Lack of stability
• Misuse of voting rights
• Delayed decision-making

Prerequisites for the Success of Democracy

1. Freedom
2. Equality
3. Periodic elections
4. Efficient leadership
5. Aware citizens
6. International understanding
7. Healthy party system
8. Rule of law
9. Written constitution and independent judiciary
10. Good governance

Concept and Objectives of Elections

• The greatest political right in a democracy is the right to vote.
• It is a technical process.
• Through elections, people establish control over public policies and issue mandates for governance.
• Elections are a democratic method of selecting representatives, through which rulers and representative institutions are formed.
• Dieter Nohlen: "For the right use of voting rights, voters must be able to choose from various candidates, political parties, ideologies, and policy programs."
• A competitive election system provides full freedom to choose from alternatives, a semi-competitive system offers limited choices, and a non-competitive system provides no choices.

Objectives of Elections

1. Ensuring the people's right to self-determination in a democratic system
2. Legitimizing the political system through elections
3. Bringing representatives to power
4. Forming the legislature, government, and controlling it
5. Making important decisions on national issues
6. Formulating a new constitution through constituent assembly elections
7. Resolving political problems through elections
8. Conducting local elections to implement decentralized programs

Election Process

1. Determination and division of constituencies
2. Voter registration
3. Nomination of candidates
4. Election campaign
5. Voting
6. Vote counting and result announcement

Principles of Representation

1. First-Past-The-Post System

• Also known as the direct election system.
• Originated in the United Kingdom.
• A candidate only needs to secure more votes than others, not a majority.
• Votes beyond the required number or votes for defeated candidates have no value.
• In Nepal, under the mixed election system, 240 constituencies are divided, with one representative per district.

Features of First-Past-The-Post System:

1. Prevents fragmentation of political parties
2. Requires at least two political parties
3. Forms a stable government
4. Prevents authoritarian governance

Merits:

1. People's representation enhances public pride
2. Direct relationship between people and representatives
3. Accountable representatives
4. Ability to assess candidates' qualifications and capabilities

Demerits:

1. Minority rules over the majority
2. Excessive spending to win elections
3. Lack of inclusive representation

2. Proportional Representation System

• Ensures fair representation of all classes, regions, genders, and linguistic groups within the country.
• Converts valid votes into legislative seats based on their proportion.
• Political parties receive representation proportional to the votes they secure.
• The entire country is treated as a single constituency, and elections are held on a party basis rather than an individual basis.
• Under Nepal's Interim Constitution 2063, Article 63(3)(b), the entire country is considered one constituency, and political parties register candidate lists with the Election Commission, with members elected based on the proportion of votes received.
• The Constituent Assembly Election Act mandates inclusive representation in candidate lists, excluding direct election candidates.

S.N.	Represented Group	Candidate Percentage
1	Women	50%
2	Madhesi Women	15.6%
3	Madhesi Men	15.6%
4	Dalit Women	6.5%
5	Dalit Men	6.5%
6	Indigenous Women	18.9%
7	Indigenous Men	18.9%
8	Backward Region Women	2%
9	Backward Region Men	2%
10	Other Women	15.1%
11	Other Men	15.1%

Methods of Proportional Representation:

i) Single Transferable Vote System

• Also known as the Hare System, Andrae System, or Preferential Voting System.
• Developed by Thomas Hare (British) in 1851 and first implemented by Carl Andrae in Denmark in 1855.
• Voters rank candidates in order of preference in multi-member constituencies.
• Candidates with the fewest votes are eliminated progressively.
• A specific quota determines the winner.
• The winning number is calculated using the formula: (Total valid votes / Number of seats to be elected) + 1.

ii) List System

• The entire country is treated as one constituency, and voters cast votes for political parties.
• Ensures representation of minorities.
• Political parties play a significant role, and all votes are utilized.

Merits of Proportional Representation:

1. Representation of minorities
2. Reduced corruption
3. No votes are wasted
4. Significant role of political parties

Demerits:

1. Complex system
2. Potential rise in ethnic and communal sentiments
3. Effective only in educated countries
4. Political instability
5. Expensive system

3. Mixed Election System

• Voters cast one vote for a candidate in their constituency and another for a political party.
• Candidates are elected on a majority basis in the first vote, while parties’ candidates are elected based on proportional representation in the second vote.
• Two different colored ballot papers are used.
• Nepal’s Constituent Assembly elections followed this system, with 601 seats: 240 from the first-past-the-post system, 335 from proportional representation, and 26 nominated by the government.

Election Commission of Nepal

• The Election Commission was first established for the general election of 1959, with Subarna Shamsher as the commissioner.
• Part 14 of Nepal’s Interim Constitution 2063 provides for the Election Commission.
• Article 128 states that the Election Commission consists of one Chief Election Commissioner and four Commissioners, appointed by the President on the recommendation of the Constitutional Council for a six-year term.

Qualifications for Chief Election Commissioner and Commissioners:

1. Graduate from a recognized university
2. Not a member of any political party at the time of appointment
3. High moral character
4. At least 45 years of age

Conditions for Vacancy:

1. Submission of written resignation to the President
2. Completion of term or removal from office
3. Death of the incumbent

Duties and Powers (Article 129):

1. Conducting, supervising, directing, and controlling elections for the Constituent Assembly, referendums under Article 157, and local elections, including preparing voter lists.
2. Deciding on the eligibility of candidates under Article 65 if disputes arise after nomination but before the election.
3. Delegating duties and powers to the Chief Election Commissioner or government employees, as specified.

Additional Information

• Inclusive democracy did not originate in the USA (contrary to the provided text).
• Inclusive principles, legal principles, and human rights are considered principles of democracy.
• J.S. Mill is the proponent of the general election system.
• Universal adult suffrage was first exercised in Nepal in 1958.
• Karl Marx is the proponent of dialectical materialism.
• Referendum, mandate, and recall are tools of direct democracy.
• Thomas Hare is the proponent of "The Machinery of Representation."
• Arthur F. Bentley is the proponent of the proportional election system.
• Except for Constituent Assembly elections, all other elections in Nepal followed the first-past-the-post system.
• Switzerland is considered an exemplary inclusive democratic country.
• Bhojraj Pokharel was the Chief Election Commissioner for the 2008 Constituent Assembly election, and Nilkantha Upreti for the 2013 election.