Hiding in the House

Is the spirit of Indian federalism damaged by electoral law amendments dispensing with domicile requirements for Rajya Sabha? Is this a case of grievous injury to the Constitution8217;s 8216;basic structure8217;? The Supreme Court has overruled both spectres. In upholding the constitutional validity of the changes Parliament made to the Representation of People Act 8212; doing away with the domicile clause as well as the requirement of a secret ballot 8212; the apex court has underlined the legislature8217;s prerogative to acknowledge and respond to changes in the House. Over the years the domicile requirement has been treated as a slightly inconvenient, all too easily skirted condition by many a politician in his bid for the Upper House. In turn, secrecy of ballot has only provided a cover for corruption and cross-voting. But the bench also makes a more stirring point: the principle of federalism is not related to territory. In these times, why indeed must representation still be tethered to and bound by old-fashioned notions of territory and distance?

Not everyone will agree on that, and in a robust democracy even the apex court8217;s ruling may not completely stub out debate on the structure and spirit of the Council of States; for example, our columnist today mourns the demise of the 8220;original8217;8217; constitutional idea . But as arguments flow in from both sides, here8217;s another thought. Is it not the case that Rajya Sabha8217;s design and character is being played around with in other ways 8212; like the increasing tendency of governments to use RS berths to anchor ministers of a particular sort? Has not the Upper House become a convenient backdoor entry for those aspirants to power who have neither the skill nor guts to mobilise popular support, win the vote? Is this not an unhealthy trend in a mature democracy?

This is the real worry about Rajya Sabha 8212; and Lok Sabha 8212; today: the constitutional balance between the two Houses is being tampered with by cynical governments and men-in-a-hurry. The Lok Sabha is being progressively denuded of its power and authority and the Council of States is being turned into a parking place for ministers who cannot, will not win elections. This is what the discussion should be about.