“LAW IS MADE FOR AND BY MAN AND NOT MAN FOR THE LAW.

Three wings of Government -Executive, Legislative and Judiciary. My submission for this paper is that all three have a major role in the effectiveness of good governance.” Good governance is measured by participation, rule of law, transparency, responsiveness, consensus and inclusivity, and accountability”. Utopian tall order one might say. Kautilya rightly said “Yatha raja thata praja”. People get the government they(elect) deserve. Winston Churchill known for anti-India bias was highly skeptical about our getting Independence. Louis XV said, “Apre’s moi le de’luge" (After me the deluge).

In 75 years after independence have we not proved Churchill was wrong in his pessimism and there has been no deluge! Ours is a functioning democracy with its faults which can be corrected if we follow the suggestions that have been detailed below. For this paper, we are only suggesting improvements in the selection of Legislators whether it be States or Parliament. As we know from the elected legislators/ members the Executive/ Government takes shape. The role of the judiciary is very well spelt out in the Indian constitution, which interprets the Law and provides checks and balances in the functioning of the other two wings of Government.

Suggested key areas in the present scenario for improvement for the selection of legislators. (Indicative but not exhaustive).

• Transparency in the selection of candidates by the party selection committee. The selection committee in each party should be men of standing having impeachable integrity.
• Clear criteria should be laid out for minimum educational qualifications. It's very important that people who are seeking election should have minimum educational qualifications. The Election Commission (EC) and the Executive must legislate on this. It’s no doubt difficult, but a beginning must be made.
• Candidates with a criminal record should not be given a ticket. Police clearance for the last five years should be mandatory like for Government service. Strict legal framework for eliminating those with dubious records. Action point EC and Executive.
• The winnability factor should be sparingly applied by the party selection committee so that the same candidates with local muscle and money power are given tickets.
• There is a multiplicity of parties in states and Centres. It’s not unusual to see that once denied a ticket they form new a party which was not the original mandate of the people. Each State be mandated not to have more than 3 or 4 parties out of which one should have national party status. Action point EC and Executive.
• Strict provision to control the role of money in electoral politics. Central and State governments should consider funding candidates out of specific funds. Action point EC and Executive.
• Complete ban on the use of caste, and religious appeals to get votes. Action point EC.
• Only the EC cannot control the use of money for bribing voters. I suggest that at every Election there should be a watchdog at the District level headed by a retired senior Judge with magisterial powers to take on-the-spot action against money inducements given to voters, booth capturing etc. Action point EC and Executive.
• Increasing public participation in the legislative process. Can be achieved through Town Hall meetings Action points Public at large who have a stake in the formation of Government.
• Establish an independent commission - an ethics watchdog to monitor election and legislative activities. Action point Executive.
• The right to recall nonperforming legislators in mid-term should be made a law as in the USA. Quo Warranto writs should be considered as was done in California. At present in India, this is very sparingly addressed to courts who have not used it. Legislature to make this part of the law.
• May consider increasing Presidential nomination to Parliament and State legislatures so that men of repute with educational and social standards get to govern in key posts. Action point Executive and legislature.
• It's sad to note that some lawmakers themselves have been lawbreakers and Parliament and State legislatures have formed a motley crowd of those who have temporary alliances and holding on to power at all costs.
• People have become silent spectators and sufferers and wait for change hoping that the next round of ballots will mean change for them. Action point Legislators and executive to correct the system.

Conclusion

Implementing voter education programs in schools, universities and communities would empower citizens to make informed decisions. We must prioritize transparency, and voter engagement which re-enforce the foundations of democracy, and thus ensure that elected legislators represent the interests of citizens. We must remember what Mahatma Gandhi said- Be the change we want to see.

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