The Dual Electoral System of India: Lok Sabha and Rajya Sabha Explained

The election system for the Lok Sabha and Rajya Sabha is vital for ensuring democratic representation in India. While the Lok Sabha uses a first-past-the-post system based on territorial constituencies, the Rajya Sabha employs proportional representation. This dual approach aims to balance direct representation with inclusivity for diverse groups. Understanding these electoral frameworks is crucial for grasping India’s political landscape.

Election System and Representation in the Lok Sabha and Rajya Sabha

Elections to the Lok Sabha: Principles, Representation, and Constituencies

• Democratic Principles in Lok Sabha Elections: Elections in the Lok Sabha focus on democratic principles and representation of the population.
• Basis of Elections: Territorial Constituencies form the basis of these elections, with each state being divided into such constituencies for direct Lok Sabha elections.
• Uniform Representation in the Constitution: The Indian Constitution emphasizes uniform representation using two key provisions. (Article 81(2) )
• Allocation of Seats Based on Population: States are allocated seats in such a manner that the ratio of number of allocated seats  with the population of the state remains uniform among the states. 
  • This provision is not applicable to states with a population of less than six millions.
• Consistent Population-to-Seat Ratio: Territorial constituencies within states maintain a consistent population-to-seat ratio, ensuring fairness in representation.
• Definition of Population: The expression population refers to population as ascertained at the preceding census of which the relevant figures have been published.

Post-Census Readjustment of seats for the Lok Sabha ( Article 82 )

• This process is mandated after every census, guaranteeing that demographic shifts and population changes are duly reflected in the country’s Parliamentary representation.
• Parliamentary Authority: The Parliament holds the power to determine both the authority and manner in which these readjustments are executed. 
• Delimitation Commission Acts: To operationalize this, a series of Delimitation Commission Acts have been enacted in 1952, 1962, 1972, and 2002, for this crucial process.

Freezing the Readjustments

• Freezing of Seats and Constituencies: The 42nd Amendment Act 1976 froze both the allocation of seats in Lok Sabha and the division of each state into territorial constituencies till 2000 at 1971 level. 
• Extension of the Freeze: 84th Amendment Act 2001, further extended this freeze till 2026. 
• Last Delimitation Commission: The last delimitation commission for inter-state reallocation was set up in 1972. The number of seats in each state was frozen till 2026 so as to compensate the southern states that performed better in the family planning exercise. 
  • In case it was continued every 10 years since then, the northern states, due to their larger populations would end up having excessively more seats in the Parliament than the southern states. 
  • The last delimitation commission for intra-state redrawing of boundaries among constituencies within a state was set up in 2002, which submitted its report in 2008.
• 87th Amendment Act: mandated the delimitation of constituencies based on the 2001 census data, signifying a transition to more current and precise demographic parameters. 
  • Notably, this adjustment did not alter the number of seats allotted to each state in the Lok Sabha.
• Future Delimitation Commission: As the exercise has been frozen till 2026 (84th amendment act of 2001), hence the next commission will be set up based on the first census published after 2026.

Reservation of Seats for Scheduled Castes and Scheduled Tribes in Lok Sabha

• Scheduled Castes and Scheduled Tribes in the Lok Sabha: India’s dynamic political landscape is underpinned by a commitment to inclusive representation, embodying the principles of social justice and equity. 
  • One pivotal facet of this commitment is the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha as mentioned in Article 334.
• Initial Timeline: Initially, this reservation was envisioned to last a decade, concluding in 1960.
• Extension Over Time: However, this timeline has been extended in successive decades, highlighting its enduring relevance. 
  • The latest extension was made in 2019 by the 104th Constitutional Amendment Act and is valid up to 2030. This underscores the importance of reservation as a policy.

• No Barriers: Individuals from SCs and STs can also contest general (non-reserved) seats, promoting flexibility in political participation.

First-Past the Post System in India

• Election System for Lok Sabha: While the Constitution has embraced the proportional representation system for the Rajya Sabha, it has opted for the system of territorial representation, with the first-past-the-post system, for the election of Lok Sabha members.
• Territorial Representation: In territorial representation, each legislator represents a specific geographical area referred to as a constituency. Only one representative is elected from each constituency, making it a single-member constituency. 
• Simple Majority System: In this system, the candidate who receives the majority of votes in a constituency is declared the winner. 
  • However, this simple majority system doesn’t fully represent the entire electorate and may not ensure adequate representation for minority groups.
• Addressing Limitations: To address the limitations of territorial representation, the proportional representation system aims to provide a more inclusive representation. 
  • Under this system, all segments of the population receive representation proportionate to their numbers. 
  • This ensures that even the smallest sections of the population have a fair share of representation in the legislature.

Limitations of the First-Past-the-Post System in Lok Sabha

• Marginalization of Smaller Parties: Promotes two-party dominance, often marginalizing smaller parties and diverse political perspectives.
• Unrepresentative Outcomes: Can lead to unrepresentative results where the winning party secures power without majority support.
• Tactical Voting: Encourages tactical voting, where voters choose the less undesirable option instead of preferred candidates.
• Regional Disparities: Can create regional disparities, with parties winning large majorities in certain areas but minimal elsewhere.

Proportional Representation ( A Remedial Approach)

• Variants of Proportional Representation: Proportional representation encompasses two distinct variants: the single transferable vote system and the list system. 
• Application of the Single Transferable Vote System in India: In India, the single transferable vote system finds application in various contexts, including Rajya Sabha and state legislative councils, as well as in the election of the President and  the  Vice-President.

Limitation of Proportional representation

• Reasons for Not Adopting Proportional Representation: While some members of the Constituent Assembly proposed the use of proportional representation for Lok Sabha elections, the Constitution ultimately did not adopt this system for two main reasons:
  • Complexity and Low Literacy: The system was considered intricate, posing a challenge for voters to comprehend, especially given the country’s low literacy levels.
  • Unsuitability for Parliamentary Government: The proportional representation system had the tendency to give rise to multiple political parties, potentially leading to governmental instability. This was deemed unsuitable for the Parliamentary government structure

• High Cost: The system is notably expensive to implement.
• Lack of Scope for By-Elections: It does not allow for the organization of by-elections.
• Reduced Voter-Representative Interaction: Proportional representation eliminates intimate contacts between voters and their representatives.
• Promotion of Minority Thinking:The system tends to promote minority thinking and group interests.
• Shift in Party System Significance: It increases the importance of the party system while decreasing the significance of individual voters.

Duration of the Two Houses ( Article 83 )

Duration of Rajya Sabha ( Article 83(1) )

• Permanent Nature of Rajya Sabha: Rajya Sabha is a permanent chamber of Indian Parliament. However, one-third of its members retire every second year.
• Initial Retirement of Members: For the first Rajya Sabha, the members who would retire after two years were decided by a draw of lots.
  • Fresh elections and Presidential nominations occur at the beginning of every third year to replace the retiring members.
  • Retiring members can be re-elected and renominated multiple times. 
• Tenure and Structure: Unlike Lok Sabha’s fixed five-year term, Rajya Sabha members’ tenure is not fixed by the Constitution and left it under the domain of the Parliament.
  • The Representation of the People Act of 1951 sets a six-year term for Rajya Sabha members. 

Duration of Lok Sabha ( Article 83(2) )

Conclusion

In summary, the election systems for the Lok Sabha and Rajya Sabha reflect India’s commitment to democratic principles and representation. 

• The provisions for seat reservations and the structure of elections promote inclusivity and fairness. However, challenges like the limitations of the first-past-the-post system remain significant. 
• Ultimately, these frameworks continue to evolve, ensuring that all voices are heard in the Parliament.

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