The constitution of India draws extensively from Western legal
traditions in its outline of the principles of liberal democracy. It is
distinguished from many Western constitutions, however, in its
elaboration of principles reflecting the aspirations to end the
inequities of traditional social relations and enhance the social
welfare of the population. According to constitutional scholar Granville
Austin, probably no other nation's constitution "has provided so
much impetus toward changing and rebuilding society for the common
good." Since its enactment, the constitution has fostered a steady
concentration of power in the central government--especially the Office
of the Prime Minister. This centralization has occurred in the face of
the increasing assertiveness of an array of ethnic and caste groups
across Indian society. Increasingly, the government has responded to the
resulting tensions by resorting to the formidable array of authoritarian
powers provided by the constitution. Together with the public's
perception of pervasive corruption among India's politicians, the
state's centralization of authority and increasing resort to coercive
power have eroded its legitimacy. However, a new assertiveness shown by
the Supreme Court and the Election Commission suggests that the
remaining checks and balances among the country's political institutions
continue to support the resilience of Indian democracy.
Adopted after some two and one-half years of deliberation by the
Constituent Assembly that also acted as India's first legislature, the
constitution was put into effect on January 26, 1950. Bhimrao Ramji
(B.R.) Ambedkar, a Dalit who earned a law degree from Columbia
University, chaired the drafting committee of the constitution and
shepherded it through Constituent Assembly debates. Supporters of
independent India's founding father, Mohandas Karamchand (Mahatma)
Gandhi, backed measures that would form a decentralized polity with
strong local administration--known as panchayat (pl., panchayats
--see Glossary)--in a system known as panchayati raj , that is
rule by panchayats . However, the support of more modernist
leaders, such as Jawaharlal Nehru, ultimately led to a parliamentary
government and a federal system with a strong central government (see
Nehru's Legacy, ch. 1). Following a British parliamentary pattern, the
constitution embodies the Fundamental Rights, which are similar to the
United States Bill of Rights, and a Supreme Court similar to that of the
United States. It creates a "sovereign democratic republic"
called India, or Bharat (after the legendary king of the Mahabharata
), which "shall be a Union of States." India is a federal
system in which residual powers of legislation remain with the central
government, similar to that in Canada. The constitution provides
detailed lists dividing up powers between central and state governments
as in Australia, and it elaborates a set of Directive Principles of
State Policy as does the Irish constitution.
The 395 articles and ten appendixes, known as schedules, in the
constitution make it one of the longest and most detailed in the world.
Schedules can be added to the constitution by amendment. The ten
schedules in force cover the designations of the states and union
territories; the emoluments for high-level officials; forms of oaths;
allocation of the number of seats in the Rajya Sabha (Council of
States--the upper house of Parliament) per state or territory;
provisions for the administration and control of Scheduled Areas (see
Glossary) and Scheduled Tribes (see Glossary); provisions for the
administration of tribal areas in Assam; the union (meaning central
government), state, and concurrent (dual) lists of responsibilities; the
official languages; land and tenure reforms; and the association of
Sikkim with India.
The Indian constitution is also one of the most frequently amended
constitutions in the world. The first amendment came only a year after
the adoption of the constitution and instituted numerous minor changes.
Many more amendments followed, and through June 1995 the constitution
had been amended seventy-seven times, a rate of almost two amendments
per year since 1950. Most of the constitution can be amended after a
quorum of more than half of the members of each house in Parliament
passes an amendment with a two-thirds majority vote. Articles pertaining
to the distribution of legislative authority between the central and
state governments must also be approved by 50 percent of the state
legislatures.
Fundamental Rights
The Fundamental Rights embodied in the constitution are guaranteed to
all citizens. These civil liberties take precedence over any other law
of the land. They include individual rights common to most liberal
democracies, such as equality before the law, freedom of speech and
expression, freedom of association and peaceful assembly, freedom of
religion, and the right to constitutional remedies for the protection of
civil rights such as habeas corpus. In addition, the Fundamental Rights
are aimed at overturning the inequities of past social practices. They
abolish "untouchability"; prohibit discrimination on the
grounds of religion, race, caste, sex, or place of birth; and forbid
traffic in human beings and forced labor. They go beyond conventional
civil liberties in protecting cultural and educational rights of
minorities by ensuring that minorities may preserve their distinctive
languages and establish and administer their own education institutions.
Originally, the right to property was also included in the Fundamental
Rights; however, the Forty-fourth Amendment, passed in 1978, revised the
status of property rights by stating that "No person shall be
deprived of his property save by authority of law." Freedom of
speech and expression, generally interpreted to include freedom of the
press, can be limited "in the interests of the sovereignty and
integrity of India, the security of the State, friendly relations with
foreign States, public order, decency or morality, or in relation to
contempt of court, defamation or incitement to an offence" (see The
Media, this ch.).
Directive Principles of State Policy
An important feature of the constitution is the Directive Principles
of State Policy. Although the Directive Principles are asserted to be
"fundamental in the governance of the country," they are not
legally enforceable. Instead, they are guidelines for creating a social
order characterized by social, economic, and political justice, liberty,
equality, and fraternity as enunciated in the constitution's preamble.
In some cases, the Directive Principles articulate goals that,
however admirable, remain vague platitudes, such as the injunctions that
the state "shall direct its policy towards securing . . . that the
ownership and control of the material resources of the community are so
distributed to subserve the common good" and "endeavor to
promote international peace and security." In other areas, the
Directive Principles provide more specific policy objectives. They
exhort the state to secure work at a living wage for all citizens; take
steps to encourage worker participation in industrial management;
provide for just and humane conditions of work, including maternity
leave; and promote the educational and economic interests of Scheduled
Castes, Scheduled Tribes, and other disadvantaged sectors of society.
The Directive Principles also charge the state with the responsibility
for providing free and compulsory education for children up to age
fourteen (see Administration and Funding, ch. 2).
The Directive Principles also urge the nation to develop a uniform
civil code and offer free legal aid to all citizens. They urge measures
to maintain the separation of the judiciary from the executive and
direct the government to organize village panchayats to
function as units of self-government. This latter objective was advanced
by the Seventy-third Amendment and the Seventy-fourth Amendment in
December 1992. The Directive Principles also order that India should
endeavor to protect and improve the environment and protect monuments
and places of historical interest.
The Forty-second Amendment, which came into force in January 1977,
attempted to raise the status of the Directive Principles by stating
that no law implementing any of the Directive Principles could be
declared unconstitutional on the grounds that it violated any of the
Fundamental Rights. The amendment simultaneously stated that laws
prohibiting "antinational activities" or the formation of
"antinational associations" could not be invalidated because
they infringed on any of the Fundamental Rights. It added a new section
to the constitution on "Fundamental Duties" that enjoined
citizens "to promote harmony and the spirit of common brotherhood
among all the people of India, transcending religious, linguistic and
regional or sectional diversities." However, the amendment
reflected a new emphasis in governing circles on order and discipline to
counteract what some leaders had come to perceive as the excessively
freewheeling style of Indian democracy. After the March 1977 general
election ended the control of the Congress (Congress (R) from 1969) over
the executive and legislature for the first time since independence in
1947, the new Janata-dominated Parliament passed the Forty-third
Amendment (1977) and Forty-fourth Amendment (1978). These amendments
revoked the Forty-second Amendment's provision that Directive Principles
take precedence over Fundamental Rights and also curbed Parliament's
power to legislate against "antinational activities" (see The
Legislature, this ch.).
Group Rights
In addition to stressing the right of individuals as citizens, Part
XVI of the constitution endeavors to promote social justice by
elaborating a series of affirmative-action measures for disadvantaged
groups. These "Special Provisions Relating to Certain Classes"
include the reservation of seats in the Lok Sabha (House of the People)
and in state legislative bodies for members of Scheduled Castes and
Scheduled Tribes. The number of seats set aside for them is proportional
to their share of the national and respective state populations. Part
XVI also reserves some government appointments for these disadvantaged
groups insofar as they do not interfere with administrative efficiency.
The section stipulates that a special officer for Scheduled Castes and
Scheduled Tribes be appointed by the president to "investigate all
matters relating to the safeguards provided" for them, as well as
periodic commissions to investigate the conditions of the Backward
Classes. The president, in consultation with state governors, designates
those groups that meet the criteria of Scheduled Castes and Scheduled
Tribes. Similar protections exist for the small Anglo-Indian community.
The framers of the constitution provided that the special provisions
would cease twenty years after the promulgation of the constitution,
anticipating that the progress of the disadvantaged groups during that
time would have removed significant disparities between them and other
groups in society. However, in 1969 the Twenty-third Amendment extended
the affirmative-action measures until 1980. The Forty-fifth Amendment of
1980 extended them again until 1990, and in 1989 the Sixty-second
Amendment extended the provisions until 2000. The Seventy-seventh
Amendment of 1995 further strengthened the states' authority to reserve
government-service positions for Scheduled Caste and Scheduled Tribe
members.
Emergency Provisions and Authoritarian Powers
Part XVIII of the constitution permits the state to suspend various
civil liberties and the application of certain federal principles during
presidentially proclaimed states of emergency. The constitution provides
for three categories of emergencies: a threat by "war or external
aggression" or by "internal disturbances"; a
"failure of constitutional machinery" in the country or in a
state; and a threat to the financial security or credit of the nation or
a part of it. Under the first two categories, the Fundamental Rights,
with the exception of protection of life and personal liberty, may be
suspended, and federal principles may be rendered inoperative. A
proclamation of a state of emergency lapses after two months if not
approved by both houses of Parliament. The president can issue a
proclamation dissolving a state government if it can be determined, upon
receipt of a report from a governor, that circumstances prevent the
government of that state from maintaining law and order according to the
constitution. This action establishes what is known as President's Rule
because under such a proclamation the president can assume any or all
functions of the state government; transfer the powers of the state
legislature to Parliament; or take other measures necessary to achieve
the objectives of the proclamation, including suspension, in whole or in
part, of the constitution. A proclamation of President's Rule cannot
interfere with the exercise of authority by the state's high court. Once
approved, President's Rule normally lasts for six months, but it may be
extended up to one year if Parliament approves. In exceptional cases,
such as the violent revolt in Jammu and Kashmir during the early and
mid-1990s, President's Rule has lasted for a period of more than five
years.
President's Rule has been imposed frequently, and its use is often
politically motivated. During the terms of prime ministers Nehru and Lal
Bahadur Shastri, from 1947 to 1966, it was imposed ten times. Under
Indira Gandhi's two tenures as prime minister (1966-77 and 1980-84),
President's Rule was imposed forty-one times. Despite Mrs. Gandhi's
frequent use of President's Rule, she was in office longer (187 months)
than any other prime minister except Nehru (201 months). Other prime
ministers also have been frequent users: Morarji Desai (eleven times in
twenty-eight months), Chaudhury Charan Singh (five times in less than
six months), Rajiv Gandhi (eight times in sixty-one months), Vishwanath
Pratap (V.P.) Singh (two times in eleven months), Chandra Shekhar (four
times in seven months), and P.V. Narasimha Rao (nine times in his first
forty-two months in office).
State of emergency proclamations have been issued three times since
independence. The first was in 1962 during the border war with China.
Another was declared in 1971 when India went to war against Pakistan
over the independence of East Pakistan, which became Bangladesh. In 1975
the third Emergency was imposed in response to an alledged threat by
"internal disturbances" stemming from the political opposition
to Indira Gandhi (see The Rise of Indira Gandhi, ch. 1; National-Level
Agencies, ch. 10).
The Indian state has authoritarian powers in addition to the
constitution's provisions for proclamations of Emergency Rule and
President's Rule. The Preventive Detention Act was passed in 1950 and
remained in force until 1970. Shortly after the start of the Emergency
in 1962, the government enacted the Defence of India Act. This
legislation created the Defence of India Rules, which allow for
preventive detention of individuals who have acted or who are likely to
act in a manner detrimental to public order and national security. The
Defence of India Rules were reimposed during the 1971 war with Pakistan;
they remained in effect after the end of the war and were invoked for a
variety of uses not intended by their framers, such as the arrests made
during a nationwide railroad strike in 1974.
The Maintenance of Internal Security Act promulgated in 1971 also
provides for preventive detention. During the 1975-77 Emergency, the act
was amended to allow the government to arrest individuals without
specifying charges. The government arrested tens of thousands of
opposition politicians under the Defence of India Rules and the
Maintenance of Internal Security Act, including most of the leaders of
the future Janata Party government (see Political Parties, this ch.).
Shortly after the Janata government came to power in 1977, Parliament
passed the Forty-fourth Amendment, which revised the domestic
circumstances cited in Article 352 as justifying an emergency from
"internal disturbance" to "armed rebellion." During
Janata rule, Parliament also repealed the Defence of India Rules and the
Maintenance of Internal Security Act. However, after the Congress (I)
returned to power in 1980, Parliament passed the National Security Act
authorizing security forces to arrest individuals without warrant for
suspicion of action that subverts national security, public order, and
essential economic services. The Essential Services Maintenance Act of
1981 permits the government to prohibit strikes and lockouts in sixteen
economic sectors providing critical goods and services. The Fifty-ninth
Amendment, passed in 1988, restored "internal disturbance" in
place of "armed rebellion" as just cause for the proclamation
of an emergency.
The Sikh militant movement that spread through Punjab during the
1980s spurred additional authoritarian legislation (see Insurgent
Movements and External Subversion, ch. 10). In 1984 Parliament passed
the National Security Amendment Act enabling government security forces
to detain prisoners for up to one year. The 1984 Terrorist Affected
Areas (Special Courts) Ordinance provided security forces in Punjab with
unprecedented powers of detention, and it authorized secret tribunals to
try suspected terrorists. The 1985 Terrorist and Disruptive Activities
(Prevention) Act imposed the death penalty for anyone convicted of
terrorist actions that led to the death of others. It empowered
authorities to tap telephones, censor mail, and conduct raids when
individuals are alleged to pose a threat to the unity and sovereignty of
the nation. The legislation renewing the act in 1987 provided for in
camera trials, which may be presided over by any central government
officer, and reversed the legal presumption of innocence if the
government produces specific evidence linking a suspect to a terrorist
act. In March 1988, the Fifty-ninth Amendment increased the period that
an emergency can be in effect without legislative approval from six
months to three years, and it eliminated the assurance of due process
and protection of life and liberty with regard to Punjab found in
articles 20 and 21. These rights were restored in 1989 by the
Sixty-third Amendment.
By June 30, 1994, more than 76,000 persons throughout India had been
arrested under the Terrorist and Disruptive Activities (Prevention) Act.
The act became widely unpopular, and the Rao government allowed the law
to lapse in May 1995.
The Structure of Government
The union government, as India's central government is known, is
divided into three distinct but interrelated branches: legislative,
executive, and judicial (see fig. 14). As in the British parliamentary
model, the leadership of the executive is drawn from and responsible to
the legislative body. Although Article 50 stipulates the separation of
the judiciary from the executive, the executive controls judicial
appointments and many of the conditions of work. In addition, one of the
more dramatic institutional battles in the Indian polity has been the
struggle between elements wanting to assert legislative power to amend
the constitution and those favoring the judiciary's efforts to preserve
the constitution's basic structure.
The Legislature
Parliament consists of a bicameral legislature, the Lok Sabha (House
of the People--the lower house) and the Rajya Sabha (Council of
States--the upper house). Parliament's principal function is to pass
laws on those matters that the constitution specifies to be within its
jurisdiction. Among its constitutional powers are approval and removal
of members of the Council of Ministers, amendment of the constitution,
approval of central government finances, and delimitation of state and
union territory boundaries (see State Governments and Union Territories,
this ch.).
The president has a specific authority with respect to the function
of the legislative branch (see The Executive, this ch.). The president
is authorized to convene Parliament and must give his assent to all
parliamentary bills before they become law. The president is empowered
to summon Parliament to meet, to address either house or both houses
together, and to require attendance of all of its members. The president
also may send messages to either house with respect to a pending bill or
any other matter. The president addresses the first session of
Parliament each year and must give assent to all provisions in bills
passed.
Lok Sabha
The Lok Sabha in 1995 constitutionally had 545 seats. For a variety
of reasons, elections are sometimes not held in all constitutiencies,
leaving some seats vacant and giving the appearance of fewer seats in
the lower house. A member must be at least twenty-five years of age. Two
members are nominated by the president as representatives of the
Anglo-Indian community, and the rest are popularly elected. Elections
are held on a one-stage, "first-past-the-post" system, similar
to that in the United States. As in the United States, candidates from
larger parties are favored because each constituency elects only the
candidate winning the most votes. In the context of multiple-candidate
elections, most members of Parliament are elected with pluralities of
the vote that amount to less than a majority. As a result, political
parties can gain commanding positions in the Parliament without winning
the support of a majority of the electorate. For instance, Congress has
dominated Indian politics without ever winning a majority of votes in
parliamentary elections. The best-ever Congress performance in
parliamentary elections was in 1984 when Congress (I) won 48 percent of
the vote and garnered 76 percent of the parliamentary seats. In the 1991
elections, Congress (I) won 37.6 percent of the vote and 42 percent of
the seats.
The usual Lok Sabha term is five years. However, the president may
dissolve the house and call for new elections should the government lose
its majority in Parliament. Elections must be held within six months
after Parliament is dissolved. The prime minister can choose electorally
advantageous times to recommend the dissolution of Parliament to the
president in an effort to maximize support in the next Parliament. The
term of Parliament can be extended in yearly increments if an emergency
has been proclaimed. This situation occurred in 1976 when Parliament was
extended beyond its five-year term under the Emergency proclaimed the
previous year. The constitution stipulates that the Lok Sabha must meet
at least twice a year, and no more than six months can pass between
sessions. The Lok Sabha customarily meets for three sessions a year. The
Council of Ministers is responsible only to the Lok Sabha, and the
authority to initiate financial legislation is vested exclusively in the
Lok Sabha.
The powers and authority of the Lok Sabha and the Rajya Sabha are not
differentiated. The index of the constitution, for example, has a
lengthy list of the powers of Parliament but not for each separate
house. The key differences between the two houses lie in their disparate
authority in the legislative process.
Rajya Sabha
The Rajya Sabha has a maximum of 250 members. All but twelve are
elected by state and territory legislatures for six-year terms. Members
must be at least thirty years old. The president nominates up to twelve
members on the basis of their special knowledge or practical experience
in fields such as literature, science, art, and social service. No
further approval of these nominations is required by Parliament.
Elections are staggered so that one-third of the members are elected
every two years. The number of seats allocated to each state and
territory is determined on the basis of relative population, except that
smaller states and territories are awarded a larger share than their
population justifies.
The Rajya Sabha meets in continuous session. It is not subject to
dissolution as is the Lok Sabha. The Rajya Sabha is designed to provide
stability and continuity to the legislative process. Although considered
the upper house, its authority in the legislative process is subordinate
to that of the Lok Sabha.
Legislative Process
The initiative for substantial legislation comes primarily from the
prime minister, cabinet members, and high-level officials. Although all
legislation except financial bills can be introduced in either house,
most laws originate in the Lok Sabha. A legislative proposal may go
through three readings before it is voted on. After a bill has been
passed by the originating house, it is sent to the other house, where it
is debated and voted on. The second house can accept, reject, or amend
the bill. If the bill is amended by the second house, it must be
returned to the originating house in its amended form. If a bill is
rejected by the second house, if there is disagreement about the
proposed amendments, or if the second house fails to act on a bill for
six months, the president is authorized to summon a joint session of
Parliament to vote on the bill. Disagreements are resolved by a majority
vote of the members of both houses present in a joint session. This
procedure favors the Lok Sabha because it has more than twice as many
members as the Rajya Sabha.
When the bill has been passed by both houses, it is sent to the
president, who can refuse assent and send the bill back to Parliament
for reconsideration. If both houses pass it again, with or without
amendments, it is sent to the president a second time. The president is
then obliged to assent to the legislation. After receiving the
president's assent, a bill becomes an act on the statute book.
The legislative procedure for bills involving taxing and
spending--known as money bills--is different from the procedure for
other legislation. Money bills can be introduced only in the Lok Sabha.
After the Lok Sabha passes a money bill, it is sent to the Rajya Sabha.
The upper house has fourteen days to act on the bill. If the Rajya Sabha
fails to act within fourteen days, the bill becomes law. The Rajya Sabha
may send an amended version of the bill back to the Lok Sabha, but the
latter is not bound to accept these changes. It may pass the original
bill again, at which point it will be sent to the president for his
signature.
During the 1950s and part of the 1960s, Parliament was often the
scene of articulate debate and substantial revisions of legislation.
Prime ministers Indira Gandhi, Rajiv Gandhi, and P.V. Narasimha Rao,
however, showed little enthusiasm for parliamentary debate. During the
1975-77 Emergency, many members of Parliament from the opposition as
well as dissidents within Indira's own party were arrested, and press
coverage of legislative proceedings was censored. It is generally agreed
that the quality of discourse and the expertise of members of Parliament
have declined since the 1960s. An effort to halt the decline of
Parliament through a reformed committee system giving Parliament new
powers of oversight over the executive branch has had very limited
impact.
Under the constitution, the division of powers between the union
government and the states is delimited into three lists: the Union List,
the State List, and the Concurrent List. Parliament has exclusive
authority to legislate on any of the ninety-seven items on the Union
List. The list includes banking, communications, defense, foreign
affairs, interstate commerce, and transportation. The State List
includes sixty-seven items that are under the exclusive jurisdiction of
state legislatures, including agriculture, local government, police,
public health, public order, and trade and commerce within the state.
The central--or union--government and state governments exercise
concurrent jurisdiction over forty-four items on the Concurrent List,
including criminal law and procedure, economic and social planning,
electricity, factories, marriage and divorce, price control, social
security and social insurance, and trade unions. The purpose of the
Concurrent List is to secure legal and administrative unity throughout
the country. Laws passed by Parliament relevant to Concurrent List areas
take precedence over laws passed by state legislatures.
The Executive
The executive branch is headed by the president, in whom the
constitution vests a formidable array of powers. The president serves as
head of state and the supreme commander of the armed forces. The
president appoints the prime minister, cabinet members, governors of
states and territories, Supreme Court and high court justices, and
ambassadors and other diplomatic representatives. The president is also
authorized to issue ordinances with the force of acts of Parliament when
Parliament is not in session. The president can summon and prorogue
Parliament as well as dissolve the Lok Sabha and call for new elections.
The president also can dismiss state and territory governments. Exercise
of these impressive powers has been restricted by the convention that
the president acts on the advice of the prime minister. In 1976 the
Forty-second Amendment formally required the president to act according
to the advice of the Council of Ministers headed by the prime minister.
The spirit of the arrangement is reflected in Ambedkar's statement that
the president "is head of the State but not of the Executive. He
represents the nation but does not rule the nation." In practice,
the president's role is predominantly symbolic and ceremonial, roughly
analogous to the president of Germany or the British monarch.
The president is elected for a five-year term by an electoral college
consisting of the elected members of both houses of Parliament and the
elected members of the legislative assemblies of the states and
territories. The participation of state and territory assemblies in the
election is designed to ensure that the president is chosen to head the
nation and not merely the majority party in Parliament, thereby placing
the office above politics and making the incumbent a symbol of national
unity.
Despite the strict constraints placed on presidential authority,
presidential elections have shaped the course of Indian politics on
several occasions, and presidents have exercised important power,
especially when no party has a clear parliamentary majority. The
presidential election of 1969, for example, turned into a dramatic test
of strength for rival factions when Prime Minister Indira Gandhi put up
an opponent to the official Congress candidate. The electoral contest
contributed to the subsequent split of the Congress. In 1979, after the
Ja-nata Party began to splinter, President Neelam Sanjiva Reddy
(1977-82) first selected Janata member Chaudhury Charan Singh as prime
minister (1979-80) to form a minority government and then dissolved
Parliament and called for new elections while ignoring Jagjivan Ram's
claim that he could assemble a stable government and become the
country's first Scheduled Caste prime minister.
Tensions between President Giani Zail Singh (1982-87) and Prime
Minister Rajiv Gandhi (1984-88) also illustrate the potential power of
the president. In 1987 Singh refused to sign the Indian Post Office
(Amendment) Bill, thereby preventing the government from having the
authority to censor personal mail. Singh's public suggestion that the
prime minister had not treated the office of the president with proper
dignity and the persistent rumors that Singh was plotting the prime
minister's ouster contributed to the erosion of public confidence in
Rajiv Gandhi that ultimately led to his defeat in the 1989 elections. In
November 1990, President Ramaswami Venkataraman (1987-92) selected
Chandra Shekhar as India's eleventh prime minister, even though Chandra
Shekhar's splinter Samajwadi Janata Dal held only fifty-eight seats in
the Lok Sabha. Chandra Shekhar resigned in June 1991 when the Congress
(I) withdrew its support.
In the same manner as the president, the vice president is elected by
the electoral college for a five-year term. The vice president is ex
officio chairman of the Rajya Sabha and acts as president when the
latter is unable to discharge his duties because of absence, illness, or
any other reason or until a new president can be elected (within six
months of the vacancy) when a vacancy occurs because of death,
resignation, or removal. There have been three instances since 1969 of
the vice president serving as acting president.
The prime minister is by far the most powerful figure in the
government. After being selected by the president, typically from the
party that commands the plurality of seats in Parliament, the prime
minister selects the Council of Ministers from other members of
Parliament who are then appointed by the president. Individuals who are
not members of Parliament may be appointed to the Council of Ministers
if they become a member of Parliament either through election or
appointment within six months of selection. The Council of Ministers is
composed of cabinet ministers (numbering seventeen, representing
thirty-one portfolios in 1995), ministers of state (forty-five,
representing fifty-three portfolios in 1995), and deputy ministers (the
number varies). Cabinet members are selected to accommodate different
regional groups, castes, and factions within the ruling party or
coalition as well as with an eye to their administrative skills and
experience. Prime ministers frequently retain key ministerial portfolios
for themselves.
Although the Council of Ministers is formally the highest
policy-making body in the government, its powers have declined as
influence has been increasingly centralized in the Office of the Prime
Minister, which is composed of the top-ranking administrative staff.
After the Congress split to form the Congress (R)--R for
Requisition--and the Congress (O)--O for Organisation--in 1969, Indira
Gandhi (who headed the Congress (R)) increasingly concentrated
decision-making authority in the Office of the Prime Minister. When
Rajiv Gandhi became prime minister in 1984, he promised to delegate more
authority to his cabinet members. However, power rapidly shifted back to
the Office of the Prime Minister and a small coterie of Rajiv's personal
advisers. Rajiv's dissatisfaction with his cabinet ministers became
manifest in his incessant reshuffling of his cabinet. During his five
years in office, he changed his cabinet thirty-six times, about once
every seven weeks. When P.V. Narasimha Rao became prime minister in June
1991, he decentralized power, giving Minister of Finance Manmohan Singh,
in particular, a large measure of autonomy to develop a program for
economic reform. After a year in office, Rao began again to centralize
authority, and by the end of 1994, the Office of the Prime Minister had
grown to be as powerful as it ever was under Rao's predecessors. As of
August 1995, Rao himself held the portfolios in thirteen ministries,
including those of defense, industry, and Kashmir affairs.
The Judiciary
Supreme Court
The Supreme Court is the ultimate interpreter of the constitution and
the laws of the land. It has appellate jurisdiction over all civil and
criminal proceedings involving substantial issues concerning the
interpretation of the constitution. The court has the original and
exclusive jurisdiction to resolve disputes between the central
government and one or more states and union territories as well as
between different states and union territories. And the Supreme Court is
also empowered to issue advisory rulings on issues referred to it by the
president. The Supreme Court has wide discretionary powers to hear
special appeals on any matter from any court except those of the armed
services. It also functions as a court of record and supervises every
high court.
Twenty-five associate justices and one chief justice serve on the
Supreme Court. The president appoints the chief justice. Associate
justices are also appointed by the president after consultation with the
chief justice and, if the president deems necessary, with other
associate justices of the Supreme Court and high court judges in the
states. The appointments do not require Parliament's concurrence.
Justices may not be removed from office until they reach mandatory
retirement at age sixty-five unless each house of Parliament passes, by
a vote of two-thirds of the members in attendance and a majority of its
total membership, a presidential order charging "proved misbehavior
or incapacity."
The contradiction between the principles of parliamentary sovereignty
and judicial review that is embedded in India's constitution has been a
source of major controversy over the years. After the courts overturned
state laws redistributing land from zamindar (see Glossary) estates on
the grounds that the laws violated the zamindars' Fundamental Rights,
Parliament passed the first (1951), fourth (1955), and seventeenth
amendments (1964) to protect its authority to implement land
redistribution. The Supreme Court countered these amendments in 1967
when it ruled in the Golaknath v State of Punjab case that
Parliament did not have the power to abrogate the Fundamental Rights,
including the provisions on private property. On February 1, 1970, the
Supreme Court invalidated the government-sponsored Bank Nationalization
Bill that had been passed by Parliament in August 1969. The Supreme
Court also rejected as unconstitutional a presidential order of
September 7, 1970, that abolished the titles, privileges, and privy
purses of the former rulers of India's old princely states.
In reaction to Supreme Court decisions, in 1971 Parliament passed the
Twenty-fourth Amendment empowering it to amend any provision of the
constitution, including the Fundamental Rights; the Twenty-fifth
Amendment, making legislative decisions concerning proper land
compensation nonjusticiable; and the Twenty-sixth Amendment, which added
a constitutional article abolishing princely privileges and privy
purses. On April 24, 1973, the Supreme Court responded to the
parliamentary offensive by ruling in the Keshavananda Bharati v the
State of Kerala case that although these amendments were
constitutional, the court still reserved for itself the discretion to
reject any constitutional amendments passed by Parliament by declaring
that the amendments cannot change the constitution's "basic
structure."
During the 1975-77 Emergency, Parliament passed the Forty-second
Amendment in January 1977, which essentially abrogated the Keshavananda
ruling by preventing the Supreme Court from reviewing any constitutional
amendment with the exception of procedural issues concerning
ratification. The Forty-second Amendment's fifty-nine clauses stripped
the Supreme Court of many of its powers and moved the political system
toward parliamentary sovereignty. However, the Forty-third and
Forty-fourth amendments, passed by the Janata government after the
defeat of Indira Gandhi in March 1977, reversed these changes. In the Minerva
Mills case of 1980, the Supreme Court reaffirmed its authority to
protect the basic structure of the constitution. However, in the Judges
Transfer case on December 31, 1981, the Supreme Court upheld the
government's authority to dismiss temporary judges and transfer high
court justices without the consent of the chief justice.
The Supreme Court continued to be embroiled in controversy in 1989,
when its US$470 million judgment against Union Carbide for the Bhopal
catastrophe resulted in public demonstrations protesting the inadequacy
of the settlement (see The Growth of Cities, ch. 5). In 1991 the
first-ever impeachment motion against a Supreme Court justice was signed
by 108 members of Parliament. A year later, a high-profile inquiry found
Associate Justice V. Ramaswamy "guilty of willful and gross misuses
of office . . . and moral turpitude by using public funds for private
purposes and reckless disregard of statutory rules" while serving
as chief justice of Punjab and Haryana. Despite this strong indictment,
Ramaswamy survived parliamentary impeachment proceedings and remained on
the Supreme Court after only 196 members of Parliament, less than the
required two-thirds, voted for his ouster.
During 1993 and 1994, the Supreme Court took measures to bolster the
integrity of the courts and protect civil liberties in the face of state
coercion. In an effort to avoid the appearance of conflict of interest
in the judiciary, Chief Justice Manepalli Narayanrao Venkatachaliah
initiated a controversial model code of conduct for judges that required
the transfer of high court judges having children practicing as
attorneys in their courts. Since 1993, the Supreme Court has implemented
a policy to compensate the victims of violence while in police custody.
On April 27, 1994, the Supreme Court issued a ruling that enhanced the
rights of individuals placed under arrest by stipulating elaborate
guidelines for arrest, detention, and interrogation.
High Courts
There are eighteen high courts for India's twenty-five states, six
union territories, and one national capital territory. Some high courts
serve more than one state or union territory. For example, the high
court of the union territory of Chandigarh also serves Punjab and
Haryana, and the high court in Gauhati (in Meghalaya) serves Assam,
Nagaland, Meghalaya, Mizoram, Manipur, Tripura, and Arunachal Pradesh.
As part of the judicial system, the high courts are institutionally
independent of state legislatures and executives. The president appoints
state high court chief justices after consulting with the chief justice
of the Supreme Court and the governor of the state. The president also
consults with the chief justice of the state high court before he
appoints other high court justices. Furthermore, the president may also
exercise the right to transfer high court justices without consultation.
These personnel matters are becoming more politicized as chief ministers
of states endeavor to exert their influence with New Delhi and the prime
minister exerts influence over the president to secure politically
advantageous appointments.
Each high court is a court of record exercising original and
appellate jurisdiction within its respective state or territory. It also
has the power to issue appropriate writs in cases involving
constitutionally guaranteed Fundamental Rights. The high court
supervises all courts within its jurisdiction, except for those dealing
with the armed forces, and may transfer constitutional cases to itself
from subordinate courts (see Criminal Law and Procedure, ch. 10). The
high courts have original jurisdiction on revenue matters. They try
original criminal cases by a jury, but not civil cases.
Lower Courts
States are divided into districts (zillas ), and within each
a judge presides as a district judge over civil cases. A sessions judge
presides over criminal cases. The judges are appointed by the governor
in consultation with the state's high court. District courts are
subordinate to the authority of their high court.
There is a hierarchy of judicial officials below the district level.
Many officials are selected through competitive examination by the
state's public service commission. Civil cases at the subdistrict level
are filed in munsif (subdistrict) courts. Lesser criminal cases
are entrusted to the courts of subordinate magistrates functioning under
the supervisory authority of a district magistrate. All magistrates are
under the supervision of the high court. At the village level, disputes
are frequently resolved by panchayats or lok adalats
(people's courts).
The judicial system retains substantial legitimacy in the eyes of
many Indians despite its politicization since the 1970s. In fact, as
illustrated by the rise of social action litigation in the 1980s and
1990s, many Indians turn to the courts to redress grievances with other
social and political institutions. It is frequently observed that
Indians are highly litigious, which has contributed to a growing backlog
of cases. Indeed, the Supreme Court was reported to have more than
150,000 cases pending in 1990, the high courts had some 2 million cases
pending, and the lower courts had a substantially greater backlog.
Research findings in the early 1990s show that the backlogs at levels
below the Supreme Court are the result of delays in the litigation
process and the large number of decisions that are appealed and not the
result of an increase in the number of new cases filed. Coupled with
public perceptions of politicization, the growing inability of the
courts to resolve disputes expeditiously threatens to erode the
remaining legitimacy of the judicial system.
Election Commission
Article 324 of the constitution establishes an independent Election
Commission to supervise parliamentary and state elections. Supervising
elections in the world's largest democracy is by any standard an immense
undertaking. Some 521 million people were eligible to vote in 1991.
Efforts are made to see that polling booths are situated no more than
two kilometers from a voter's place of residence. In 1991, this
objective required some 600,000 polling stations for the country's 3,941
state legislative assembly and 543 parliamentary constituencies. To
attempt to ensure fair elections, the Election Commission deployed more
than 3.5 million officials, most of whom were temporarily seconded from
the government bureaucracy, and 2 million police, paramilitary, and
military forces.
Over the years, the Election Commission's enforcement of India's
remarkably strict election laws grew increasingly lax. As a consequence,
candidates flagrantly violated laws limiting campaign expenditures.
Elections became increasingly violent (350 persons were killed during
the 1991 campaign, including five Lok Sabha and twenty-one state
assembly candidates), and voter intimidation and fraud proliferated.
The appointment of T.N. Seshan as chief election commissioner in 1991
reinvigorated the Election Commission and curbed the illegal
manipulation of India's electoral system. By cancelling or repolling
elections where improprieties had occurred, disciplining errant poll
officers, and fighting for the right to deploy paramilitary forces in
sensitive areas, Seshan forced candidates to take the Election
Commission's code of conduct seriously and strengthened its supervisory
machinery. In Uttar Pradesh, where more than 100 persons were killed in
the 1991 elections, Seshan succeeded in reducing the number killed to
two in the November 1993 assembly elections by enforcing compulsory
deposit of all licensed firearms, banning unauthorized vehicular
traffic, and supplementing local police with paramilitary units. In
state assembly elections in Andhra Pradesh, Goa, Karnataka, and Sikkim,
after raising ceilings for campaign expenditures to realistic levels,
Seshan succeeded in getting candidates to comply with these limits by
deploying 336 audit officers to keep daily accounts of the candidates'
election expenditures. Although Seshan has received enthusiastic support
from the public, he has stirred great controversy among the country's
politicians. In October 1993, the Supreme Court issued a ruling that
confirmed the supremacy of the chief election commissioner, thereby
deflecting an effort to rein in Seshan by appointing an additional two
election commissioners. Congress (I)'s attempt to curb Seshan's powers
through a constitutional amendment was foiled after a public outcry
weakened its support in Parliament.
State Governments and Territories
India has twenty-five states, six union territories, and one national
capital territory, with populations ranging from 406,000 (Sikkim) to 139
million (Uttar Pradesh). Ten states each have more than 40 million
people, making them countrylike in significance (see Structure and
Dynamics, ch. 2). There are eighteen official Scheduled Languages (see
Glossary), clearly defined since the reorganization of states along
linguistic lines in the 1950s and 1960s (see The Social Context of
Languages, ch. 4). Social structures within states vary considerably,
and they encompass a great deal of cultural diversity, as those who have
watched India's Republic Day (January 26) celebrations will attest (see
Larger Kinship Groups, ch. 5).
The constitution provides for a legislature in each state and
territory. Most states have unicameral legislatures, but Andhra Pradesh,
Bihar, Jammu and Kashmir, Maharashtra, Tamil Nadu, and Uttar Pradesh
have bicameral legislatures. The lower house, known as the vidhan
sabha , or legislative assembly, is the real seat of legislative
power. Where an upper house exists, it is known as the vidhan
parishad , or legislative council; council functions are advisory,
and any objections expressed to a bill may be overridden if the assembly
passes the bill a second time. Members of the assembly serve five-year
terms after being chosen by direct elections from local constituencies.
Their numbers vary, from a minimum of sixty to a maximum of 500. Members
of the council are selected through a combination of direct election,
indirect election, and nomination. Their six-year terms are staggered so
that one-third of the membership is renewed every two years. Whether in
the upper or lower house, membership in the assembly has come to reflect
the predominantly rural demography of most states and the distribution
of social power resulting from the state's agrarian and caste
structures.
The structure of state governments is similar to that of the central
government. In the executive branch, the governor plays a role analogous
to that of the president, and the elected chief minister presides over a
council of ministers drawn from the legislature in a manner similar to
the prime minister. Many of the governor's duties are honorific;
however, the governor also has considerable power. Like the president,
the governor selects who may attempt to form a government; he may also
dismiss a state's government and dissolve its legislative assembly. All
bills that the state legislature passes must receive the assent of the
governor. The governor may return bills other than money bills to the
assembly. The governor may also decide to send a bill for consideration
to the president, who has the power to promulgate ordinances. The
governor may also recommend to the president that President's Rule be
invoked. Governors are appointed to office for a five-year term by the
president on the advice of the prime minister, and their conduct is
supposed to be above politics.
Since 1967 most state legislatures have come under the control of
parties in opposition to the majority in Parliament, and governors have
frequently acted as agents of the ruling party in New Delhi.
Increasingly, governors are appointed more for their loyalty to the
prime minister than for their distinguished achievements and discretion.
The politicization of gubernatorial appointments has become such a
widespread practice that in 1989, shortly after the National Front
government replaced the Congress (I) government, Prime Minister V.P.
Singh (1989-90) asked eighteen governors to resign so that he could
replace them with his own choices. Governors not only attempt to keep
opposition state governments in line, but also, while keeping the state
bureaucracy in place, have exercised their power to dismiss the chief
minister and his or her council of ministers.
The strength of the central government relative to the states is
especially apparent in constitutional provisions for central
intervention into state jurisdictions. Article 3 of the constitution
authorizes Parliament, by a simple majority vote, to establish or
eliminate states and union territories or change their boundaries and
names. The emergency powers granted to the central government by the
constitution enable it, under certain circumstances, to acquire the
powers of a unitary state. The central government can also dismiss a
state government through President's Rule. Article 249 of the
constitution enables a two-thirds vote of the Rajya Sabha to empower
Parliament to pass binding legislation for any of the subjects on the
State List. Articles 256 and 257 require states to comply with laws
passed by Parliament and with the executive authority of the central
government. The articles empower the central government to issue
directives instructing states on compliance in these matters. Article
200 also enables a state governor, under certain circumstances, to
refuse to give assent to bills passed by the state legislature and
instead refer them to the president for review.
The central government exerts control over state governments through
the financial resources at its command. The central government
distributes taxes and grants-in-aid through the decisions of finance
commissions, usually convened every five years as stipulated by Article
275. The central government also distributes substantial grants through
its development plans as elaborated by the Planning Commission. The
dependence of state governments on grants and disbursements grew
throughout the 1980s as states began to run up fiscal deficits and the
share of transfers from New Delhi increased. The power and influence of
central government finances also can be seen in the substantial funds
allocated under the central government's five-year plans to such areas
as public health and agriculture that are constitutionally under the
State List (see Health Care, ch. 2; Development Programs, ch. 7).
Besides its twenty-five states, India has seven centrally supervised
territories. Six are union territories; one is the National Capital
Territory of Delhi. Jurisdictions for territories are smaller than
states and less populous. The central government administers union
territories through either a lieutenant governor or a chief commissioner
who is appointed by the president on the advice of the prime minister.
Each territory also has a council of ministers, a legislature, and a
high court; however, Parliament may also pass legislation on issues in
union territories that in the case of states are usually reserved for
state assemblies. The Sixty-ninth Amendment, passed in December 1991,
made Delhi the national capital territory effective February 1, 1992.
Although not having the same status as statehood, Delhi was given the
power of direct election of members of its legislative assembly and the
power to pass its own laws.
India - Politics
The Congress has, by any standards, remarkable political
accomplishments to its credit. As the Indian National Congress, its
guidance fashioned a nation out of an extraordinarily heterogeneous
ensemble of peoples. The party has played an important role in
establishing the foundations of perhaps the most durable democratic
political system in the developing world. As scholars Francis Robinson
and Paul R. Brass point out, the Congress constituted one of the few
political organizations in the annals of decolonialization to "make
the transition from being sole representative of the nationalist cause
to being just one element of a competitive party system."
The Congress dominated Indian politics from independence until 1967.
Prior to 1967, the Congress had never won less than 73 percent of the
seats in Parliament. The party won every state government election
except two--most often exclusively, but also through coalitions--and
until 1967 it never won less than 60 percent of all elections for seats
in the state legislative assemblies.
There were four factors that accounted for this dominance. First, the
party acquired a tremendous amount of good will and political capital
from its leadership of the nationalist struggle. Party chiefs gained
substantial popular respect for the years in jail and other deprivations
that they personally endured. The shared experience of the independence
struggle fostered a sense of cohesion, which was important in
maintaining unity in the face of the party's internal pluralism.
The second factor was that the Congress was the only party with an
organization extending across the nation and down to the village level.
The party's federal structure was based on a system of internal
democracy that functioned to resolve disputes among its members and
maintain party cohesion. Internal party elections also served to
legitimate the party leadership, train party workers in the skills of
political competition, and create channels of upward mobility that
rewarded its most capable members.
A third factor was that the Congress achieved its position of
political dominance by creating an organization that adjusted to local
circumstances rather than transformed them, often reaching the village
through local "big men" (bare admi ) who controlled
village "vote banks." These local elites, who owed their
position to their traditional social status and their control over land,
formed factions that competed for power within the Congress. The
internal party democracy and the Congress's subsequent electoral success
ultimately reinforced the local power of these traditional elites and
enabled the party to adjust to changes in local balances of power. The
nonideological pragmatism of local party leadership made it possible to
coopt issues that contributed to opposition party success and even
incorporate successful opposition leaders into the party. Intraparty
competition served to channel information about local circumstances up
the party hierarchy.
Fourth, patronage was the oil that lubricated the party machine. As
the state expanded its development role, it accumulated more resources
that could be distributed to party members. The growing pool of
opportunities and resources facilitated the party's ability to
accommodate conflict among its members. The Congress enjoyed the
benefits of a "virtuous cycle," in which its electoral success
gave it access to economic and political resources that enabled the
party to attract new supporters.
The halcyon days of what Indian political scientist Rajni Kothari has
called "the Congress system" ended with the general elections
in 1967. The party lost seventy-eight seats in the Lok Sabha, retaining
a majority of only twenty-three seats. Even more indicative of the
Congress setback was its loss of control over six of the sixteen state
legislatures that held elections. The proximate causes of the reversal
included the failure of the monsoons in 1965 and 1966 and the subsequent
hardship throughout northern and eastern India, and the unpopular
currency devaluation in 1966. However, profound changes in India's
polity also contributed to the decline of the Congress. The rapid growth
of the electorate, which increased by 45 percent from 1952 to 1967,
brought an influx of new voters less appreciative of the Congress's role
in the independence movement. Moreover, the simultaneous spread of
democratic values produced a political awakening that mobilized new
groups and created a more pluralistic constellation of political
interests. The development of new and more-differentiated identities and
patterns of political cleavage made it virtually impossible for the
Congress to contain the competition of its members within its
organization. Dissidence and ultimately defection greatly weakened the
Congress's electoral performance.
It was in this context that Indira Gandhi asserted her independence
from the leaders of the party organization by attempting to take the
party in a more populist direction. She ordered the nationalization of
India's fourteen largest banks in 1969, and then she supported former
labor leader and Acting President Varahagiri Venkata Giri's candidacy
for president despite the fact that the party organization had already
nominated the more conservative Neelam Sanjiva Reddy. After Giri's
election, the party organization expelled Indira Gandhi from the
Congress and ordered the parliamentary party to choose a new prime
minister. Instead, 226 of the 291 Congress members of Parliament
continued to support Indira Gandhi. The Congress split into two in 1969,
the new factions being the Congress (O)--for Organisation--and Mrs.
Gandhi's Congress (R)--for Requisition. The Congress (R) continued in
power with the support of non-Congress groups, principally the Communist
Party of India (CPI) and the Dravida Munnetra Kazhagam (DMK--Dravidian
Progressive Federation).
With the Congress (O) controlling most of the party organization,
Indira Gandhi adopted a new strategy to mobilize popular support. For
the first time ever, she ordered parliamentary elections to be held
separately from elections for the state government. This delinking was
designed to reduce the power of the Congress (O)'s state-level political
machines in national elections. Mrs. Gandhi traveled throughout the
country, energetically campaigning on the slogan "garibi hatao
" (eliminate poverty), thereby bypassing the traditional Congress
networks of political support. The strategy proved successful, and the
Congress (R) won a dramatic victory. In the 1971 elections for the Lok
Sabha, the Congress (R) garnered 44 percent of the vote, earning it 352
seats. The Congress (O) won only sixteen seats and 10 percent of the
vote. The next year, after leading India to victory over Pakistan in the
war for Bangladesh's independence, Indira Gandhi and the Congress (R)
further consolidated their control over the country by winning fourteen
of sixteen state assembly elections and victories in 70 percent of all
seats contested.
The public expected Indira Gandhi to deliver on her mandate to remove
poverty. However, the country experienced a severe drought in 1971 and
1972, leading to food shortages, and the price of food rose 20 percent
in the spring of 1973. The decision by the Organization of the Petroleum
Exporting Countries (OPEC) to quadruple oil prices in 1973-74 also led
to inflation and increased unemployment. Jayaprakash (J.P) Narayan, a
socialist leader in the preindependence Indian National Congress who,
after 1947, left to conduct social work in the Sarvodaya movement (sarvodaya
means uplift of all), came out of retirement to lead what eventually
became widely known as the "J.P. movement." Under Narayan's
leadership, the movement toppled the government of Gujarat and almost
brought down the government in Bihar; Narayan advocated a radical
regeneration of public morality that he labelled "total
revolution."
After the Allahabad High Court ruled that Mrs. Gandhi had committed
electoral law violations and Narayan addressed a massive demonstration
in New Delhi, at Indira Gandhi's behest, the president proclaimed an
Emergency on June 25, 1975. That night, Indira Gandhi ordered the arrest
of almost all the leaders of the opposition, including dissidents within
the Congress. In all, more than 110,000 persons were detained without
trial during the Emergency.
Indira Gandhi's rule during the Emergency alienated her popular
support. After postponing elections for a year following the expiration
of the five-year term of the Lok Sabha, she called for new elections in
March 1977. The major opposition party leaders, many of whom had
developed a rapport while they were imprisoned together under the
Emergency regime, united under the banner of the Janata Party. By
framing the key issue of the election as "democracy versus
dictatorship," the Janata Party--the largest opposition
party--appealed to the public's democratic values to rout the Congress
(R). The vote share of the Congress (R) dropped to 34.5 percent, and the
number of its seats in Parliament plunged from 352 to 154. Indira Gandhi
lost her seat.
The inability of Janata Party factions to agree proved the party's
undoing. Indira Gandhi returned to win the January 1980 elections after
forming a new party, the Congress (I--for Indira), in 1978.
The Congress (I) largely succeeded in reconstructing the traditional
Congress electoral support base of Brahmans (see Glossary), Muslims,
Scheduled Castes, and Scheduled Tribes that had kept Congress in power
in New Delhi during the three decades prior to 1977. The Congress (I)'s
share of the vote increased by 8.2 percent to 42.7 percent of the total
vote, and its number of seats in the Lok Sabha grew to 353, a majority
of about two-thirds. This success approximated the levels of support of
the Congress dominance from 1947 to 1967. Yet, as political scientist
Myron Weiner observed, "The Congress party that won in 1980 was not
the Congress party that had governed India in the 1950s and 1960s, or
even the early 1970s. The party was organizationally weak and the
electoral victory was primarily Mrs. Gandhi's rather than the
party's." As a consequence, the Congress's appeal to its supporters
was much more tenuous than it had been in previous decades.
Indira Gandhi's dependence on her flamboyant son Sanjay and, after
his accidental death in 1980, on her more reserved son Rajiv gives
testimony to the personalization and centralization of power within the
Congress (I). Having developed a means to mobilize support without a
party organization, she paid little attention to maintaining that
support. Rather than allowing intraparty elections to resolve conflicts
and select party leaders, Indira Gandhi preferred to fill party posts
herself with those loyal to her. As a result, party leaders at the state
level lost their legitimacy among the rank and file because their
positions depended on the whims of Indira Gandhi rather than on the
extent of their popular support. In addition, centralization and the
demise of democracy within the party disrupted the flow of information
about local circumstances to party leaders and curtailed the ability of
the Congress (I) to adjust to social change and incorporate new leaders.
When Rajiv Gandhi took control after his mother's assassination in
November 1984, he attempted to breathe new life into the Congress (I)
organization. However, the massive electoral victory that the Congress
(I) scored under Rajiv's leadership just two months after his mother's
assassination gave him neither the skill nor the authority to succeed in
this endeavor. Rajiv did, however, attempt to remove the more unsavory
elements within the party organization. He denied nominations to
one-third of the incumbent members of Parliament during the 1984 Lok
Sabha campaign, and he refused to nominate two of every five incumbents
in the state legislative assembly elections held in March 1985.
Another of Rajiv's early successes was the passage of the
Anti-Defection Bill in January 1985 in an effort to end the bribery that
lured legislators to cross partisan lines. Speaking at the Indian
National Congress centenary celebrations in Bombay (officially called
Mumbai as of 1995), Rajiv launched a vitriolic attack on the
"culture of corruption" that had become so pervasive in the
Congress (I). However, the old guard showed little enthusiasm for
reform. As time passed, Rajiv's position was weakened by the losses that
the party suffered in a series of state assembly elections and by his
government's involvement in corruption scandals. Ultimately, Rajiv was
unable to overcome the resistance within the party to internal elections
and reforms. Ironically, as Rajiv's position within the party weakened,
he turned for advice to many of the wheelers and dealers of his mother's
regime whom he had previously banished.
The frustration of Rajiv Gandhi's promising early initiatives meant
that the Congress (I) had no issues on which to campaign as the end of
his five-year term approached. On May 15, 1989, just months before its
term was to expire, the Congress (I) introduced amendments that proposed
to decentralize government authority to panchayat and municipal
government institutions. Opposition parties, many of whom were on record
as favoring decentralization of government power, vehemently resisted
the Congress (I) initiative. They charged that the initiative did not
truly decentralize power but instead enabled the central government to
circumvent state governments (many of which were controlled by the
opposition) by transferring authority from state to local government and
strengthening the links between central and local governments. After the
Congress (I) failed to win the two-thirds vote required to pass the
legislation in the Rajya Sabha on October 13, 1989, it called for new
parliamentary elections and made "jana shakti" (power
to the people) its main campaign slogan.
The Congress (I) retained formidable campaign advantages over the
opposition. The October 17, 1989, announcement of elections took the
opposition parties by surprise and gave them little time to form
electoral alliances. The Congress (I) also blatantly used the
government-controlled television and radio to promote Rajiv Gandhi. In
addition, the Congress (I) campaign once again enjoyed vastly superior
financing. It distributed some 100,000 posters and 15,000 banners to
each of its 510 candidates. It provided every candidate with six or
seven vehicles, and it commissioned advertising agencies to make a total
of ten video films to promote its campaign.
The results of the 1989 elections were more of a rebuff to the
Congress (I) than a mandate for the opposition. Although the Congress
(I) remained the largest party in Parliament with 197 seats, it was
unable to form a government. Instead, the Ja-nata Dal, which had 143
seats, united with its National Front allies to form a minority
government precariously dependent on the support of the BJP (eighty-five
seats) and the communist parties (forty-five seats). Although the
Congress (I) lost more than 50 percent of its seats in Parliament, its
share of the vote dropped only from 48.1 percent to 39.5 percent of the
vote. The Congress (I) share of the vote was still more than double that
of the next largest party, the Janata Dal, which received support from
17.8 percent of the electorate. More grave for the long-term future of
the Congress (I) was the erosion of vital elements of the traditional
coalition of support for the Congress (I) in North India. Alienated by
the Congress (I)'s cultivation of Hindu activists, Muslims defected to
the Janata Dal in large numbers. The Congress (I) simultaneously lost a
substantial share of Scheduled Caste voters to the BSP in Haryana,
Madhya Pradesh, and Uttar Pradesh and to the Indian People's Front in
Bihar.
To offset these losses, the Congress (I) attempted to play a
"Hindu card." On August 14, 1989, the Supreme Court ruled that
no parties or groups could disturb the status quo of the Babri Masjid, a
sixteenth-century mosque in Ayodhya, Uttar Pradesh. The mosque was
controversial because Hindu nationalists claim it was on the site of the
birthplace of the Hindu god Ram and that, as such, the use by Muslims
was sacrilegious (see Vishnu, ch. 3). Despite the court ruling, in
September the Congress (I) entered into an agreement with the Vishwa
Hindu Parishad (VHP--World Hindu Council), a conservative religious
organization with close ties to Hindu nationalists, to allow the VHP to
proceed with a ceremony to lay the foundation for the Ramjanmabhumi
(birthplace of Ram) Temple. (The VHP had been working toward this goal
since 1984.) In return, the Congress (I) secured the VHP's agreement to
perform the ceremony on property adjacent to the Babri Masjid that was
not in dispute. By reaching this agreement, the Congress (I) attempted
to appeal to Hindu activists while retaining Muslim support. Rajiv
Gandhi's decision to kick off his campaign less than six kilometers from
the Babri Masjid and his appeal to voters that they vote for the
Congress (I) if they wished to bring about "Ram Rajya" (the
rule of Ram) were other elements of the Congress (I)'s strategy to
attract the Hindu vote (see Political Issues, this ch.)
The 1991 elections returned the Congress (I) to power but did not
reverse important trends in the party's decline. The Congress (I) won
227 seats, up from 197 in 1989, but its share of the vote dropped from
39.5 percent in 1989 to 37.6 percent. Greater division within the
opposition rather than growing popularity of the Congress (I) was the
key element in the party's securing an increased number of seats. Also
troubling was the further decline of the Congress (I) in heavily
populated Bihar and Uttar Pradesh, which together account for more than
25 percent of all seats in Parliament. In Uttar Pradesh, the number of
seats that the Congress (I) was able to win went down from fifteen to
two, and its share of the vote dropped from 32 percent to 20 percent. In
Bihar the seats won by the Congress (I) fell from four to one, and the
Congress (I) share of the vote was reduced from 28 percent to 22
percent. The Congress (I) problems in these states, which until 1989 had
been bastions of its strength, were reinforced by the party's poor
showing in the November 1993 state elections. These elections were
characterized by the further disintegration of the traditional Congress
coalition, with Brahmans and other upper castes defecting to the BJP and
Scheduled Castes and Muslims defecting to the Janata Dal, the Samajwadi
Party (Socialist Party), and the BSP.
Strong evidence indicates that the Congress (I) would have fared
significantly worse had it not been for the assassination of Rajiv
Gandhi in the middle of the elections. A wave of sympathy similar to
that which helped elect Rajiv after the assassination of his mother
increased the Congress (I) support. In the round of voting that took
place before Rajiv's death, the Congress (I) won only 26 percent of the
seats and 33 percent of the vote. In the votes that occurred after
Rajiv's death, the Congress (I) won 58 percent of the seats and 40
percent of the popular vote. It may also be that Rajiv's demise ended
the "anti-Congressism" that had pervaded the political system
as a result of his family's dynastic domination of Indian politics
through its control over the Congress.
Rajiv Gandhi was assassinated by a Tamil suicide bomber affiliated
with the Sri Lankan Liberation Tigers of Tamil Eelam (LTTE) during a
political campaign in May 1991. Only after his assassination did hope
for reforming the Congress (I) reappear. The end of three generations of
Nehru-Gandhi family leadership left Rajiv's coterie of political
manipulators in search of a new kingpin. The bankruptcy of the Congress
(I) leadership was highlighted by the fact that they initially turned to
Sonia Gandhi, Rajiv's Italian-born wife, to lead the party. Sonia's
primary qualification was that she was Rajiv's widow. She had never held
elected office and, during her early years in India, she had expressed
great disdain for political life. However, although she did not assume a
leadership role, she continued to be seen as a "kingmaker" in
the Congress (I). Her advice was sought after, and she was called on to
lead the party in the mid-1990s. An unusual public speech by Sonia
Gandhi criticizing the government of P.V. Narasimha Rao in August 1995
further fueled speculation that she was a candidate for political
leadership.
Sonia Gandhi's refusal in 1991 to become president of the Congress
(I) led the mantle of party leadership to fall on Rao. Rao was a
septuagenarian former professor who had retired from politics before the
1991 elections after undergoing heart-bypass surgery. Rao had a
conciliatory demeanor and was acceptable to the party's contending
factions. Paradoxically, the precariously positioned Rao was able to
take more substantial steps in the direction of party reform than his
predecessors. First, Rao had to demonstrate that he could mobilize
popular support for himself and the party, a vital currency of power for
any Congress (I) leader. He did so in the November 15, 1991,
by-elections by winning his own seat in Andhra Pradesh unopposed and
leading the party to victory in a total of eight of the fifteen
parliamentary by-elections. By the end of 1991, Rao had succeeded in
initiating the first intraparty elections in the Congress in almost
twenty years. Although there was widespread manipulation by local party
bosses, the elections enhanced the legitimacy of party leaders and held
forth the prospect of a rejuvenated party organization. The process
culminated in April 1992 at the All-India Congress (I) Committee at
Tirupati, Andhra Pradesh, where elections were held for the ten vacant
seats in the Congress Working Committee.
In the wake of the Tirupati session, Rao became less interested in
promoting party democracy and more concerned with consolidating his own
position. The change was especially apparent in the 1993 All-India
Congress (I) Committee session at Surajkund (in Haryana), where Rao's
supporters lavishly praised the prime minister and coercively silenced
his opponents. However, Rao's image was damaged in July 1993 after
Harshad Mehta, a stockbroker under indictment for allegedly playing a
leading role in a US$2 billion stock scam in 1992, accused Rao of
personally accepting a bribe that he had delivered on November 4, 1991.
The extent of the press coverage of the charges and their apparent
credibility among the public was evidence of the pervasive public
cynicism toward politicians. Rao's stock in the party and Congress (I)'s
position within Parliament were greatly weakened. On July 28, 1993, his
government barely survived a no-confidence motion in the Lok Sabha.
Rao's position was temporarily strengthened at the end of 1993 when he
was able to cobble together a parliamentary majority. However, support
for Rao and the Congress (I) declined again in 1994. The party was
rocked by a scandal relating to the procurement of sugar stocks that
cost the government an estimated Rs6.5 billion (US$210 million; for
value of the rupee--see Glossary) and by losses in legislative assembly
elections in Andhra Pradesh--Rao's home state, where he personally took
control over the campaign--and Karnataka. The Congress (I) again lost in
three of four major states in elections held in the spring of 1995. The
political fallout in New Delhi was an increase in dissident activity
within the Congress (I) led by former cabinet members Narain Dutt Tiwari
and Arjun Singh and other Rao rivals who sought to split the Congress
and form a new party.
India - Opposition Parties