Title:
How India Became Democratic – Citizenship and the
Making of the Universal Franchise
Author:
Ornit Shani
Publisher:
Penguin Viking, 2018 (First)
ISBN:
9780670090754
Pages:
284
When
Britain finally divested itself from India in 1947, the leaders of the newly
independent nation had had no confusion at all on the future political path
they would undertake. The colonial political institutions had established the
fundamentals of a democratic state, but the installation of a fully responsible
and popular government was neither the intention of the British nor in their best
interests. Severe eligibility restrictions were in place for a citizen to
register as a voter to provincial legislatures which enjoyed very limited
powers of its own. Only about 11 per cent of the populace could vote in the
election to the Constituent Assembly. This made the law-making machinery
elitist and not a representative of the entire country. Once of the very first
legislative measures of the body was to establish the concept of universal
adult franchise as the solid bulwark of Indian democracy. Such a notion was
somewhat novel even in some of the developed states in Europe at that time.
French women voted for the first time only in 1945 and in Belgium, it took
three more years, finally granting women the vote in 1948. India’s constitution
makers decided to package universal franchise from the word go. This required a
tremendous bureaucratic effort, first of all for preparing an electoral roll of
all eligible voters. Since the Constitution itself was not in place,
institutions such as the Election Commission were nonexistent. The task of
coordinating the enumeration of eligible voters in the provinces and princely
states of India was handled by the Constituent Assembly Secretariat (CAS). This
book tells the story of the unsung Herculean effort of the CAS in placing the
foundation stone of democracy in India by compiling a list of 170 million
voters, almost four-fifths of them voting for the first time. The author, Ornit
Shani, is a scholar of the politics of modern history of India. She received
her PhD from the University of Cambridge. Her current research focuses on the
modern history of democracy and citizenship in India.
This
book points to the moment in time when democracy was institutionalized in
India. With a painstaking research of the Constituent Assembly’s records to
support it, this narrative offers a fresh perspective on the embedding of
democracy at the birth of the nation state. Many view India’s democracy as an
inheritance of the British Raj, an extension of its bureaucratic structures and
legal framework. This is not entirely true. Many other colonies with similar
colonial constitutional structures failed to develop. In Pakistan, it took more
than two decades to prepare an electoral roll that came about during elections
in 1970. In India too, the colonial administrative structure supported only a
rudimentary form of democracy. The Government of India Act 1935 envisaged
seventeen different types of seats and five distinct categories of women
voters. Separate electorates were in place for Sikhs, Muslims, Anglo-Indians,
Indian Christians and other categories. This book acknowledges the hard work
put in by many, but knowledge of their efforts had never previously reached the
public. The roll-making exercise was held under the leadership of Benegal
Narsing Rau, who was the Constitutional Advisor. S N Mukerjee, Joint Secretary,
K V Padmanabhan, Under Secretary and P S Subramaniam, Under Secretary of the
CAS are also acknowledged.
Immediately
after independence, the CAS initiated proceedings by requesting the provincial
states to imagine the quantum and nature of the work required to enumerate
eligible voters. This was in November 1947, and took place even before the
draft constitution was adopted by the Assembly in February 1948. Judging by the
pace of normal government work, it fills us with wonder to realize that the
Secretariat’s actions were in anticipation of the constitutional provisions
under the Assembly’s consideration. In March 1948, they formally instructed the
states to go ahead with the work and the Assembly approved the proceedings only
in January 1949 with retrospective effect. The most amusing part of it all was
that even the criteria for citizenship was not finalized when the actual work
of enlisting voters started.
Preparation
of electoral rolls created peculiar challenges, solving which turned out to be
indicators of a healthy democracy in the making. There were some states such as
Surguja, in which no elections of any sort had taken place before, while in
Travancore, they were planning to conduct elections in February 1948 with
universal franchise as part of the legislative reforms in the state. As such,
the state had already prepared the list. The Travancore model was thus emulated
in other provinces too.
Shani
addresses the importance of deference to the constitution as a basic feature of
any democracy. She quotes Ambedkar’s speech in the Assembly on the issue of
constitutional morality which makes informative reading. Citing George Grote,
he defined it as “a paramount reverence for
the form of the Constitution, enforcing obedience to authority acting under and
within these forms, yet combined with the habit of open speech, of action
subject only to definite legal control…with a perfect confidence in the bosom
of every citizen amidst the bitterness of party contest that the forms of the
Constitution will not be less sacred in the eyes of his opponents than in his
own”
(p.195).
This
book captures a rare instance in which the Secretariat’s experience in dealing
with recalcitrant local governments helped fine tune the provisions of the
Constitution. There have been frequent complaints from Assam that its
bureaucracy was conspiring to exclude the East Pakistan refugees from finding a
place in the electoral roll. Thousands of Tamils residing in Devikulam taluk of
Travancore raised the issue of reluctance of the local administration in
granting voting rights to them. Both governments were not willing to
accommodate the Secretariat’s instructions to provide equal rights to any
person who satisfied the condition of a certain residency period in the area. Since
the draft constitution provided for separate election commissions for the
centre and the states, differences in the criteria for franchise was to be
expected between states and there was a limit only up to which the federal body
could make individual provinces follow suit. The Secretariat very quickly understood
the risks involved. The articles related to the founding of a unitary Election
Commission at the centre came about in this way. Article 289 of the Constitution
was revised, thereby denying the states freedom to make laws regarding voter’s
eligibility.
Ornit
Shani’s book is the first historical study of the preparation of India’s draft
electoral roll on the basis of universal adult franchise. The text is arranged
in a structured fashion, but the huge number of often very long footnotes
included along with the main narrative is distracting and reduces readability.
Readers feel that by omitting these footnotes, they are losing out on the
content. The book is written in the style of an academic paper, with separate
pieces of introduction and conclusion for each chapter. This sets the stage for
unnecessary repetition of important concepts much number of times. Verbatim
reproductions of CAS press notes and letters from and to the public also make
the going tedious for the ordinary reader.
The
book is highly recommended.
Rating:
3 Star