6 Million Votes for ‘Nobody’.

Will NOTA empower voters in the long run leading to greater transparency in the selection of political candidates?

The recently concluded General Elections had a lot of firsts- from the excessive use of new age media and technology to the arrival of Democracy Inc., with non profits and media firms like Dentsu, Taproot and Citizen for Accountable Governance working with political parties  to help them reach out to the masses. Not to forget, it’s quasi similarities to presidential elections of the USA.  All these features  – aggressive use of PR machinery, narrowing of the elections to certain individuals, extensive rallies/speeches across the length and breadth of the country , 3D Hologram rallies, social media campaigns- or rather ‘firsts’, have been analyzed and debated upon to death. However, the one thing that has mostly missed the attention of both, political pundits and media is the inclusion of ‘None of the Above’(NOTA) option for the first time in general elections.

NOTA was introduced following a directive of the Supreme Court Judgment as an option for those who do not want to vote for any of the candidates from their constituency. For long, India’s newly awakened and politically empowered middle class population has complained about the paucity of good candidates as that being the primary reason for their refrain from voting and their disenchantment with politics. Though a lot of people did register invalid votes at the polling booths earlier (When ballot papers were used for voting, voters would put a blank slip, or deliberately spoil it by stamping it in more than one place.) after the introduction of EVMs in 1988, invalid votes took a hit as the secrecy and the chance to invalid was taken away.

So, does NOTA achieve any good in a democracy- a system that like all others needs new ideas to evolve in order to remain relevant and adapt to the changing demands of the electorates? The answer is Yes. NOTA not only empowers the citizens with the right to negative voting and thus increasing participation in the electoral process, but also happens to be a valuable tool to gauge the satisfaction of the voters with the candidates and their credibility. Political parties need to choose candidates in a transparent and accountable way, rejecting those who have serious charges of corruption and crime labeled against them. NOTA may prove beneficial in the long run, as political parties might not field candidates fearing an active, recorded disapproval of the same by the voters.  Though political parties have remained indifferent to NOTA so far, they are trying to ensure acceptability of candidates in their own capacity. Rahul Gandhi himself introduced American-style (yes, our fascination with America doesn’t end with Popular Culture) primary elections, meant to herald democracy within the party and empower grass-root workers.

More importantly, NOTA will further help in understanding the acceptability of the candidates across the cross-section of the constituency. Among the 6 million NOTA votes that were casted in the 16^th General Assembly, a large chunk of that came from the reserved constituencies (23 of the 25 constituencies with the highest proportion of NOTA votes are reserved for Scheduled Tribes.)1 Though reasons for the same may not be documented, it may well be because of the fact that a large majority of the upper-castes did not want to vote for those belonging to backward castes.

For NOTA to become successful in the long run and impact the candidate selection, more and more people who are dissatisfied with the candidates in their constituency need to exercise the NOTA option on the EVMs. Though the next step should be to push for re-elections in case the no. of NOTA votes exceed the votes polled for the winning candidate, we may not have to wait for political parties to be more careful and transparent in giving tickets to candidates. Also, for those who argue against NOTA citing the cost associated with re-elections, one should remember the Election Commission incurs avoidable labor and expenditure in organizing bye-elections across several constituencies in each election. Not that the price of re-elections is too big a cost for strengthening democracy and ensuring better candidates. The cost can simply be met by putting a restriction on the number of seats a candidate can contest for and increasing the security deposit or, making candidates who contest and win the election from two seats (resulting in a bye-election from one of the two constituencies), to deposit an appropriate sum of money in the government account

 In order to achieve both transparency and accountability in electoral process of our country, we need a strong set of electoral reforms- prohibition of surrogate and government sponsored advertising prior to elections, compulsory maintenance of accounts by political parties and audit thereof by agencies specified by the Election Commission, making false declaration an electoral offense, etc. However, for now, reforms such as NOTA and disqualification of convicted MP/MLAs are surely a starting point for a clean-up and will further widen democratic choices.

 Chitranshu Tewari is Outreach and Engagement Manager at I for India.

[1] NOTAs cast in reserved seats, Hindu

Picture credits: Hindu

Reputation: Which Government Authority Do I Approach?

I for India’s Report Cards reflect the citizens’ sentiments within a particular assembly or parliamentary constituency. Most of the parameters upon which citizens provide their ratings relate to the quality of public services in their constituency, whether they are basic needs, related to governance and administration or growth and progress. Reputation,which is the fourth and last category of user-ratings, contains parameters that relate to individual characteristics of an elected representative. For these parameters it is not possible to identify a particular government authority, as they concern the individual.

 Here is the last of the four-part series on ‘Which Government Authority Do I Approach?’ in the category of Reputation.

 

	Concerned Level of Government
	Central	State	Local
Scams & Scandals	√	√
Comments in Public	NA
Women Empowerment		√	√
Upliftment of Backward Sections	√	√
Religious Harmony		√
Fulfilled Promises from Election	NA

 

Scams and Scandals usually involve large sums of money, and those in high-level power positions, thus they remain in the ambit of the Central and/or State government.Most scams that receive media are related to Ministries, bureaucrats or individual representatives associated with the Central Government.  This is true for 2G, Bofors, and the chit-fund scams. However, state level ministers and bureaucrats may also be implicated in scams, such as the row over Delhi’s Commonwealth Games in Delhi, and the alleged involvement of its former Chief Minister.

 Women Empowerment schemes may be initiated by the Central Government, however the nodal implementation agency is the State or Local Government. Centrally Sponsored Schemes, such as National Mission for Empowerment of Women (NMEW) and Sabla, are implemented and monitored by state agencies. Local governments can also facilitate gender justice programmes: Cochin’s Municipal Corporation is an example.[1]

 Policies related to the Upliftment of Backward Sections usually emanate from Central government institutions, such as reservations in government jobs or educational institutions.  State Government may enact their own policies for the upliftment of backward sections. For instance, the Karnataka State Government formed a backward class and minority department, which allocates funds for and implements schemes related to the upliftment of these groups.

 Religious Harmony is related to law and order, which is a state subject.State Governments are thus responsible for both proactively promoting religious harmony and reactively taking action in the outbreak of communal or religious violence.

 Saanya Gulati is Outreach and Research Manager at I for India Foundation. This is the fourth and final part of the ‘Which Government Authority do I Approach’ blog-series.

  [1]The Power in Being a Woman,Hindu

Governance and Administration: Which Government Authority Do I Approach ?

 In the this part of “Which Government Authority do I Approach?” we demystify the institutional framework of issues related to the “Governance and Administration” Category in our report cards.

 Here is a table of the parameters, followed by a more detailed explanation. 

	Concerned Level of Government
	Central	State	Local
Law & Order		√
Getting Work Done in Govt Offices	NA
e-governance		√
Inflation/Price Rise	√
Poverty Reduction	√	√
Disaster Management	√	√	√

 Law and Order falls under the ‘State List’ of the Constitution’s 7^th Schedule. State governments are thus responsible for maintaining public order, specifically the police forces. In Union Territories, the Central Government is responsible for deploying police forces. This has often been at the forefront of the public discourse, especially in Delhi. Although Delhi is no longer a Union territory, its police force remains accountable to the Union Home Ministry, which was a contentious matter in the aftermath of the gang rape incident on December 16, 2013. The issue was once again publicised during the brief leadership of Arvind Kejriwal, who protested against the alleged non-cooperation of the police with Somnath Bharti, who was then Delhi’s law minister.

 Getting Work Done in Government Offices: This concern will remain specific to the government office that you are dealing with. Since it concerns execution, it is advisable to identify the specificMinistry or Department that is responsible, and whether it is at the Union or State level. Our previous blog may help.

 e-governance: While the Union Ministry of Communication and IT has drawn up a national e-governance plan, states remain at the helm of its implementation, through agencies such as State Data Centres (SDCs), State Wide Area Networks (SWAN), and State e-governance Service Delivery Gateways (SSDGs).

 Inflation and Price Rise,though listed in the Concurrent list of the Constitution’s 7^th schedule, falls largely under the Central Government’s mandate in actuality. This is in accordance with the nature of India’s federal system, wherein finance, defence and foreign affairs remains under the centre’s control.

Many debates have taken place on measures to curb inflation and price rise in Parliament over the last few years.

 Poverty Reduction is a broad category that incudes several social sector schemes, which may aim to provide housing, employment, or social security to individuals. The Indira Awas Yojana (IAY), which is the Central Government’s flagship scheme in providing housing to the underprivileged is partially funded, and fully implemented and monitored by State Governments. Similarly, State and Local Governments implement employment and benefit schemes initiated by the Central Government. Local Governments may also undertake efforts toward poverty alleviation, as per the 12^th Schedule of the Constitution, which pertains to the responsibilities of rural and urban local bodies. Chandigarh’s municipal corporation has an ‘Urban Poverty Alleviation & Livelihood Cell,’ which identifies the urban poor and formulates schemes for their upliftment.

 Disaster Management interventions can be undertaken by all levels of government depending on the nature of the disaster. In 2005, the Central Government enacted the Disaster Management Act, which established the

 National Disaster Management Authority (NDMA)for policy formulation, and guidelines that states should follow for effective disaster management. State Governments and Districts are also mandated to establish a State Disaster Management Authority (SDMA), and a District Disaster Management Authority (DDMA) under this Act. In Pune, the municipal corporation functions as the regional disaster management centre.[1]

 Saanya Gulati is Outreach and Research Manager at I for India Foundation. This is the third of a four-part series on ‘Which Government Authority Do I Approach?,’ which deconstructs the governance framework for each of I for India’s Report Card categories.

 [1]Pune Municipal Corporation to Monitor Disaster Management Activities, Times of India

Growth and Progress: Which Government Authority Do I Approach?

In our last blog we launched the “which Government Authority Do I Approach” series. In this series we will break down the governance framework for the various parameters on which I for India users rate their elected representatives.

Here is a snapshot, followed by a more detailed analysis, of the parameters that  come under the ‘Growth and Progress’ category:

	Concerned Level of Government
	Central	State	Local
Traffic Management Signals & Crossings Traffic Police		√	√
Roads & Highways Expansion	√	√	√
Professional Education	√	√
Employment Opportunities		√
Ease of Doing Business		√
Promoting Tourism	√	√	√

Traffic management comprises both infrastructural and human resources, namely signals and crossings and traffic police. Different authorities are responsible for providing each of these. Signals and crossings are generally the responsibility of local government, i.e. Municipal Corporations, as these areas fall within city limits and constitute day-to-day governance matters. Traffic police is the responsibility of your state government, since law and order is a state subject in the 7^th schedule of the constitution.

Roads and Highways Expansion is dependent on what limits the specific road or highway in question falls under. If the road falls within city limits then it is under the mandate of the Municipal Corporation, and so on. Highways are usually of two kinds: national or state. National highways fall under the mandate of the National Highway Authority of India (NHAI), while state highways fall under their respective state authorities.  A list of national highways is available here.

Professional Education or higher and/or technical education falls largely under the mandate of the respective state government. The Centre plays a limited role in setting up institutions such as the Indian Institutes of Technology (IITs) and Management (IIMs). Many public universities are set up by State Assembly Acts, such as Bangalore or Mumbai University, which are effectively under control of the respective State government.

Employment falls under the concurrent list in the constitution; both the Central and State Governments are responsible for generating employment opportunities at a national and state level, respectively. The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) is an example of a Central legislation enacted for this purpose. Many states also have Labour and Employment departments, which may undertake state-level schemes. You can find a list of these departments here.

Ease of Doing Business is largely a state issue, since it concerns execution of policies and schemes. While financial policies that can aid in the ‘ease of doing business’ concern the Central Government, execution of almost all policies trickles down to the specific state governments, and will also depend largely on the bureaucrats in the specific ministry or department you are dealing with.

Promoting Tourism : All three levels of government in India have a stake in this area. The Ministry of Tourism and Culture, at the Central Government level remains the nodal agency of tourism policies. Every state and union territory has a tourism department. (you can see the complete list of here.) Local governments also undertake efforts to promote tourism, in accordance with the legislation through which they were established. For instance Ahmedabad’s municipal corporation has a heritage cell which organises heritage walks and other tourist visits in the city.

Saanya Gulati is Outreach and Research Manager at I for India Foundation.This is the second of a four-part series on “Which Government Authority Do I Approach?”

Basic Needs: Which Government Authority Do I Approach?

With a newly elected Lok Sabha, we anticipate a lot of activity at ‘I for India.’  Over 25,000 citizens like yourselves have registered on our website in the last year and rated the performance of your elected representatives.

315 members (58%) of the Members of Parliament (MPs) in the 16^th Lok Sabha have been elected for the first-time. These representatives have a clean slate upon which to build their public profile, and as citizens, you have an opportunity to hold them accountable through I for India.

We often receive questions, from citizens and parliamentarians alike, about the 24 parameters on which the performance of elected representatives is measured.

 ‘Can a Member of Parliament really be held accountable for the water supply in his/her constituency?’ ‘What does ‘basic education’ versus ‘professional education’ entail?’ and so on. Our previous blog on ‘Which Representative Do I Approach?’, addresses some of these concerns. In this blog we further deconstruct the seemingly complex and multilayered governance structures and deal with each of these parameters individually.

I for India’s Performance Report Cards comprisce the following four categories: Basic Needs, Growth and Progress, Governance and Administration, and Reputation.

We will be breaking down the governance framework for each of these categories in separate blog posts. Here’s the first one:

Basic Needs:

	Concerned Level of Government
Parameter	Central	State	Local
Electricity		√*
Drinking Water		√	√
Public Transport		√	√
Sanitation and Cleanliness			√
Basic Education		√	√
Primary Health		√

*Mumbai is an exception, where electricity supply is provided by the Bombay Electric Supply & Transport Corporation (BEST), which is an autonomous body under the municipal corporation.

Here is a more detailed explanation of the breakdown:

Electricity comes under the Constitution’s ‘Concurrent List,’ which means that it comes under the control of both Central and State Government authorities. Under the Electricity Act of 2003, the Central Government is responsible for preparing the National Electricity Policy and tariff policy in consultation with the State Governments. State Government authorities are the providers of electricity, right from generating, to transmitting and distributing it. Here is a comprehensive list of the different governmental authorities that exist in each state.

Provision of Drinking Water is by and large under the mandate of Urban Local Bodies (ULBs) or Municipal Corporations in urban areas and Panchayati Raj Institutions (PRIs) in rural areas, respectively. However, in some states the State Government plays an active role too. The role of the Central Government here is only to allocate funds, and encourage research and capacity building efforts that promote water quality.

The inter-state variation in division of powers between the State government and the Local government can be traced back to the Bombay Presidency, a former province under the British control that comprises of many cities in modern-day Maharashtra, Gujarat, and Karnataka. These areas continue to follow a reasonably well-thought out structure of local government, where issues such as water supply and public transport, which affect ones daily quality of life, remain under the mandate of the municipal corporation. For instance, in Mumbai, the Municipal Corporation’s Water Supply Department is responsible for providing drinking water.

In regions that do not come under the Bombay Presidency, especially Northern States, such as Uttar Pradesh and Bihar, the local governments have less autonomy. For instance, in Uttar Pradesh the State government’s ‘Groundwater Board’ still plays an important role in facilitating policy implementation when it comes to water supply.[1] On the whole, ULBs and PRIs have greater autonomy is states in the Southern and Western regions of India.

In order to know the exact division of powers, you should consult the specific Municipal Corporation Act passed by your State Assembly.

Public Transport concerns your specific State or Local Government. Almost all states have a State Road Transport Corporation (SRTC), as per the Road Transport Corporations Act, 1950, to provide an efficient and economical system of road transport service in the respective state. Intra-state and Inter-state transport usually fall under the SRTC’s mandate, while local transport within city limits is usually by the respective municipal body. For instance, Ahmedabad has the Ahmedabad Municipal Transport Services (AMTS), while Mumbai has different bodies, such as the Mumbai Metropolitan Regional Development Authority (MMRDA), that developed the monorail, and the Bombay Electric Supply & Transport Corporation (BEST), which supplies local buses in the city.

Sanitation and Cleanliness is under the mandate of local government.  The Central Government is again responsible for policy formulation here, which ULBs and PRIs play an instrumental role in implementing, right from mobilizing resources to construct toilets, their operation and maintenance.[2]

Basic Education, or school education, falls under the concurrent list of the constitution. Many municipal corporations are actively involved in the delivery of education in cities such as Mumbai and Delhi. While education is not explicitly listed as an area of control for local government bodies, certain Municipal Corporation Acts specify this responsibility.[3] In states such as Bihar, the State Government administers primary schools.[4]

Primary Health is the responsibility of State Governments. ‘Public health and sanitation’ is listed in List-2, or the ‘State List’ of the Constitution’s seventh schedule. In a Central Government scheme like the National Rural Health Mission (NRHM), the various States’ Health and Family Welfare Societies are responsible for implementation.[5]

You will notice that while the Central Government formulates many policies pertaining to the aforementioned basic needs, their implementation is left to the State and Local Governments. Thus while multiple levels of government have a stake in many governance issues, and it is important to look at whether your grievance concerns an issue of policy formulation or implementation before deciding which authority to approach.

Stay tuned for more blogs on the rest of our report card categories!

Saanya Gulati is Outreach and Research Manager at I for India Foundation. Inputs from Praja Foundation were taken whilst putting this blog post together. 

Sources and Credits:

[1]‘Draft UP State Groundwater Policy,’ India Water Portal.

[2]‘FAQ’s about Sanitation,’ India Sanitation Portal

[3]‘Role of Municipal Corporation in Education,’ Pratham

[4]‘Education Page,’ Bihar State Government

[5] ‘NRHM State and District Health Mission Institutional Setup,’ Ministry of Health and Family Welfare