Citizens Freedom of Speech and Expression vis-à-vis ‘Right to Ask Questions’ to Political Parties

Dr. Azim Khan B Pathan
Dean, Faculty of Law
Kalinga University

“Indian democracy is run through the multi-party system, which is one of the main features of Indian governance. Currently 07 national political parties, 63 state political parties and 2064 registered un-recognized political parties are contributing in the making of the democratic process and Indian democracy” (Source: Election Commission of India, Notification No. 56/2018 (I)/PPS-III, 20th June, 2018, read with, Notification No.56/2018/PPS-III, 13th April, 2018). There are three types of party systems in modern democratic government viz. Single Party, Two Party and Multi-Party System. China, Cuba, North Korea etc. are the single party system based government; United States of America, United Kingdom etc. are the two party system based government. In these countries political parties other than two do exist but they generally fail to secure substantial votes or seats in elections. In multi-party system, several smaller, non-majority parties with divergent interests would seek power and governments are usually coalition governments. Germany and Israel are examples of such systems (Source: Current Affairs, December 25, 2016). Though India has a multiparty system yet, Indian party system is generally considered unique and not fitting into any of the classifications used to categorize the party systems as mentioned above. In the process of governance India has adopted parliamentary form of government where one party in majority will form the government. If single party is not able to form majority then based on its pre-election alliance or even post poll alliance, parties can form the government. Live example of this we have seen recently in India in 2018 election of the Karnataka State Assembly.

Role of political parties for fulfilling constitutional goals has become very paramount in the governance of the people, for the people and by the people. Representatives of the people who come from ruling parties owe to the people to fulfill their aspirations and developmental issues. All other political parties including opposition parties similarly owe to the people for resolving their social problems, developmental issues, employment issues and so on either through efficiently dealing with the cooperation of party workers at grass root level or through providing constructive suggestions to the ruling parties in the law making bodies.

In this entire process of the governance of the country elections-festivals of democracy have become very significant. In election and electoral process in India still there is need of reformations and reforms. Law Commission of India and its Report No. 255 states that Supreme Court painfully stated in the case of Ashok Shankarrao Chavan vs. Madhavrao Kinhalkar (2014), “In recent times, when elections are being held it is widely reported in the Press and Media that money power plays a very vital role. Going by such reports and if it is true then it is highly unfortunate that many of the voters are prepared to sell their votes for a few hundred rupees..….. This view of ours is more so apt in the present day context, wherein money power virtually controls the whole field of election and that people are taken for a ride by such unscrupulous elements who want to gain the status of a Member of Parliament or the State Legislature by hook or crook.” [Emphasis supplied]

Supreme Court of the country shown the reality of the election and election process as well. The Court’s observations are not made in vacuum. A simple perusal of the Lok Sabha 2014 candidates reveals that 27% (or 2208 candidates) of all the candidates were “crorepati candidates,” and the average asset of each of the 8163 candidates was Rs. 3.16 crores. The percentage of crorepati candidates increased from 16% in 2009 Lok Sabha elections.Apex Court of the country expressed the pain in the case Kanwar Lal Gupta vs Amar Nath Chawla & Ors, (1975) about how it is violation of equality clause, “…it should be open to individual or any political party, howsoever small, to be able to contest an election on a footing of equality with any other individual or political party, howsoever rich and well financed it may be, and no individual or political party should be able to secure an advantage over others by reason of its superior financial strength”.

Now reformative measure is that take the money out from the election process entirely by simple policy or amendment in the Representation of People Act, 1951 by depositing total assets (as declared by candidates at the time of nomination forms filing to the election commission) of the contesting candidates with the Election Commission of India. This Assets to be given back only after the election process and result of the election is declared. I believe this simple step will take out the money from election process and there will not be chance to take any disadvantage by the financially strong candidates over poor candidates. Democracy can only flourish and grow when ‘We the people’ of the country are provided with opportunities of speaking and asking questions in public meetings and rallies of political parties. Even after 78 years of our independence, all political parties and political leaders speak out from the dais to address people, but there is no arrangement to listen ever their live concerns. Political parties address almost sometime 1 lakh people, sometime 2 lakhs, sometime even 3 lakhs and so on in one stretch of a public meeting, but researcher never found other ‘Mike’ in the audience-citizens of the country to ask questions to their leaders. Media most of the time only run the ‘public debates’ for Television Rating Points (TRP) and it is limited pictures of the reality. Our almost all political party leaders only claim, at the time of elections, that they have addressed thousands of people through public meetings, rallies and morchas. However, it is devoid of reciprocal discussion with the people at large.

Now questions are: whether really is it two-way track discussion for social growth? Whether really have political leaders taken up issues from all segments of society in consideration? Many times public addresses are devoid of local people’s concerns. Moreover people are not allowed to talk and ask questions in huge public meetings. Many times only philosophy and ideology is served in public meetings of the elections- festivals of democracy, but common man does not want the same. He wants food, he wants best education for his children, he wants best health services, he wants proper roads and hygiene around for reaching at home with dignity, and he wants employment and dignified life.

Surprisingly, common man, including anyone, is not allowed for asking his questions in public meeting. In ‘the festivals of elections’ many political parties and leaders come on the dais and address to huge public meetings but their speeches and scripts only have philosophical and hollow agendas (sometime good agendas as well). Their scripts never involve the agenda points of how strong education model should be developed? How strong health infrastructure need to be developed? How in rural area employment and infrastructure should be developed? How best platforms of employments in rural and urban area should be developed? People are knowing what they need for themselves and for the same ‘hearing’ they attend huge public meetings but they are only served with hollow promises. Many times citizens of the country are motivated to vote on the basis of their emotions, polarization, caste, religions, TRP based media trials of the issues, politicizing the social issues and so on. This is dire reality, when one person wants to speak in a public meeting, he is prevented from speaking or prohibited from asking questions to the political leaders. Literally, in our democracy citizens are not allowed to speak and ask questions in public meetings although our ‘Law of the Land’ i.e. Constitution of India guaranteed freedom of speech and expression under Article 19 (1) (a).

It is significant to note that right to get information in democracy is recognized all throughout and it is a natural right flowing from the concept of democracy. It has also been recognized in Article 19 (1) and (2) of the International Covenant on Civil and Political Rights, which says that everyone shall have the right to hold opinions without interference and everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

In the People’s Union for Civil Liberties and Anr. vs. Union of India and Anr. (2009) “Supreme Court of India stated that Voter’s speech or expression in case of election would include casting of votes, that is to say, voter speaks out or expresses by casting vote”. Extended analogy of this is that voters-citizens of the country will make the decisions based on the information received about the candidates regarding his antecedent and background. This is welcome step but now the question is that as voters have right to know about the candidates contesting election they should also have right to speak and right to ask in public meetings. The Election Commission of India can bring this reformation and making it mandates for political parties to provide the answers to the questions of citizens attending public meetings and rallies.

This is a strong opinion of author that when public addresses and meetings will be two-way track discussion, no political leader will venture to only talk and describe his or her own philosophical or ideological script but will come on ground reality of common people’s concern. Researcher is of the opinion that in all democratic election process and public meetings there must be other ‘Mike’ in the hands of people. This step will have tremendous impact on the positive politics and political parties, who are snoozing and devoid of common people’s concerns. Political parties including ruling parties will be active, conscious and will start constructive work for the people. This will also be a real implementation of democratic value of freedom of speech and expression of the citizens. Presently almost all political parties have no fear and seldom honor of public concerns because public meetings and public rallies have become only one-way track discussion-sessions in democracy. Political parties are aware about the fact that there is no chance for the public to speak and ask questions in public meetings.

Scholars, academicians and law makers of the country should think again after 78 years of Independence about vision and goals of Constitution of India. Constitutional vision and goals are to bring the equality among citizens of the country. Constitution of the country has also set the mode of differential treatment for the poor and downtrodden for bringing them in the main stream. The identity of every individual in the country is as the citizen of India not the person from any caste or class. In the disguise of caste-based census demand by the political leaders recently, it shows what the colour of politics is? How it is interlinked with setting winning and losing formula based on the castes in any particular constituency? It also shows how serious are our leaders for implementing the constitutional goals and vision.

After 75 years of working of the Indian Constitution and its adoption on 26th November, 1949, castes and class is being kept alive, but this time for different motto. This time it is for winning and losing the battle of power. Caste system being used to set the mathematical formula for winning the elections. Rampantly, without any hesitation, in the festivals of elections, newspapers and news channels forecast the winning and losing elections by candidates based on the caste formula. News channels and media fearlessly shows the castes-based formulas in winning the elections. Political leaders rampantly use the faith, belief and religious sentiments of citizens in the election process. In such background it becomes important for the government and Election Commission to bring check and restrictions on the political parties for using the castes and religious sentiments of citizens in public meetings and rallies.

There is mismatch in the working of our political leaders and vision and goals set by our constitution makers. This need to be revisited. Dialogue and conversation need to happen with political parties and leaders, who still want to keep alive castes and class-based system in the country for fulfilling political aspirations. There is need to facilitate by government and Election Commission right to ask questions to political parties in the elections i.e. festivals of democracy. I will urge to all, let us ask other ‘Mike’ for entire nation, I am sure democracy will grow and flourish.