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 Constitution’s ‘basic structure’? The Supreme Court has overruled both spectres. In upholding the constitutional validity of the changes Parliament made to the Representation of People Act — doing away with the domicile clause as well as the requirement of a secret ballot — the apex court has underlined the legislature’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 court’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 “original’’ constitutional idea . But as arguments flow in from both sides, here’s another thought. Is it not the case that Rajya Sabha’s design and character is being played around with in other ways — 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 — and Lok Sabha — 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.