Electoral System Reform and Representation
The island nation of Lithos uses a first-past-the-post (FPTP) electoral system for its 100-seat parliament. In the last election, Party A won 40% of the vote but secured 60 seats, Party B won 35% of the vote and 30 seats, and Party C won 25% of the vote and 10 seats. The disparity between votes and seats has led to widespread protests. A constitutional amendment is proposed to switch to a proportional representation (PR) system with a 5% threshold. Critics argue that PR leads to unstable coalitions and weak governments. Supporters argue that FPTP is unfair to smaller parties and leads to wasted votes. The government seeks the opinion of the Supreme Court on whether the amendment requires ratification by the states. Meanwhile, a commission is set up to recommend the best electoral system. The commission must consider the trade-offs between representation and stability.
1. Which electoral system-FPTP or PR-better satisfies the principle of fair representation? Justify your answer with reference to the concepts of representation and equality.
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PR better satisfies fair representation because it ensures that the proportion of seats a party wins closely matches its share of the popular vote. In the given example, Party A won 60% of seats with only 40% of votes, while Party C won only 10% of seats with 25% of votes. This violates the principle of equality in political representation, as each vote should have roughly equal weight. PR systems, especially with a threshold, reduce wasted votes and allow smaller parties to be represented. However, PR can lead to coalition governments and potential instability. FPTP, on the other hand, provides stable single-party governments but often manufactures majorities and under-represents smaller parties. From the standpoint of representational fairness, PR is superior. But the choice also depends on a society's priorities: if stability is paramount, FPTP may be preferred. The commission should recommend a mixed system that balances both.
2. Does the proposed constitutional amendment to change the electoral system require ratification by the states? Explain with reference to the amendment procedure.
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The requirement for state ratification depends on whether the amendment affects the federal structure. Changing the electoral system for the national parliament is not explicitly listed in the proviso to Article 368, which requires ratification for amendments affecting the election of the President, representation of states in Parliament, distribution of legislative powers, etc. However, if the amendment alters the manner of election of members of Parliament, it could be argued that it affects the composition of Parliament and thus requires ratification. The Supreme Court in Kihoto Hollohan held that amendments affecting the federal character require ratification. Since the electoral system determines how states are represented in Parliament, a change from FPTP to PR might alter the state-wise representation. Therefore, it is advisable to seek ratification to avoid constitutional challenge. The safer course is to obtain ratification by half the states.