Just proposals?

That direct democracy is often referred to as pure democracy indicates the kind of appeal it holds. This fascination reveals itself in draft proposals for elections to local bodies that the Gujarat State Election Commission is expected to put before the state government. Among the changes reported to be recommended are setting an upper-age limit of 65; barring non-graduates from contesting for the post of municipal councillor; instituting the right to recall elected representatives who do not perform; and rejecting the nomination papers of anyone against whom an FIR is registered and charges framed. And to make the entire exercise wholly participatory,it may be proposed that voting be made compulsory. In other words,the sort of reform that is periodically suggested when the messiness of parliamentary democracy seems insurmountable.

To an extent,we get the kind of elected representatives we allow to be in the fray. But every qualification aimed at limiting that fray must be interrogated. Take,for instance,the condition imposed in recent elections that those convicted be barred from contesting. Upon much debate,conviction based on a trial was agreed to be a ground reasonable enough for exclusion because it countered the concern that framing of charges could be a politically motivated way of keeping out certain persons. This is why the Gujarat panels proposal is problematic. Similarly,mandated declarations of wealth and educational qualifications are ways of knowing ones candidate. To keep candidates out of the fray because of age or of educational attainment would require a robust case that these criteria are essential for the post. Else,it would be acutely undemocratic.

Just as undemocratic would be to make voting compulsory. There is a spirit of free choice that underpins democracy; to take away from a person the right to not show up to vote militates against that spirit. The option to recall elected persons is in force in many parts of the world,including in the US. Nonetheless,its use must be carefully considered. Those in political office often make tough decisions; the threat of recall could impose populist pressures on them. More importantly,the democratic spirit mandates that if there are charges of misdemeanour those must be proven instead of lending themselves to street trials. The Gujarat election panel has started a debate that must be joined.