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Events
& Issues
New Delhi, 12 November
2020
US Presidential Election
NOT AN IDEAL MODEL
By Dr S. Saraswathi
(Former Director, ICSSR, New Delhi)
US President Donald
Trump has not conceded his defeat in the presidential election and is planning
to challenge the results. He has been talking about voting fraud and stolen
election and reports say that he refuses to hand over White House keys. This
post-election development is not just reflexive outburst of a defeated leader, but
stems out of the very system of American election.
Presidential election
in the US, an event of immense global significance, has pushed back news about
COVID-19 and all national news in our country. India doubtless needs and values
American goodwill and friendship – a position that will not change whoever
becomes the President as it does not depend on the personality of the President
or the party to which he belongs.
The Democratic Party
candidate Joe Biden is declared elected as 46th President of the US as
he has secured 290 Electoral college votes out of the total of 538 establishing
clear majority over the outgoing
President of the Republican Party who got 214 votes. The verdict has denied a
second term to the incumbent President mostly won by previous Presidents. Trump
is the sixth President not getting second term.
Entire India was watching
closely the course of counting of votes, but only a few have knowledge of the
electoral system which is most complicated and in fact not a model to be
copied. It is a system that gives federalism and States much more importance than
other federal Constitutions. But, as a method of selecting the most popular
candidate as the nation’s President, the system is not without blemishes.
United States of
America is a union of States that were independent entities which came together
and formed the Union. It was created by the States and not the States by the
Union or Centre as in India. Benjamin Franklin’s call for integration of
colonies “to Join or Die” in 1765 gave birth to USA. It now consists of 50 States.
All elections – federal, state, and
local – are administered by individual States and not by a central Election
Commission. Hence, States still hold certain electoral powers and functions. It
has resulted in different rules and procedures in different States governing
conduct of election - a situation peculiar to the USA.
The American
President of a nation considered to be defender of individual rights and
freedoms par excellence is elected indirectly by people of each State through
electoral colleges. An electoral college refers to the group of Presidential
electors required to form every four years for the purpose of electing the
President and Vice-President. Each State is assigned a certain number of
electoral votes depending on the population of that State. The Constitution prescribes
that each State shall appoint electors selected by State-wide popular election
on the same Election Day in November in the Election Year in a manner
determined by its legislature. Boundaries of electoral districts and decision
on single or multi-member constituency in a State are made by concerned States.
Electors pledge to vote
for a particular candidate and the voting public goes by faith in the electors
to honour their commitment. They are their party loyalists. The number of
electors of a State is determined by the combined number of representatives of the
State in the House of Representatives and Senate – a provision that recognises
the importance of population size and the concept of equality of States in
choosing the President.
At present, there are
538 electors in the electoral college and the majority mark of 270 votes are
required to win the presidency. If no candidate secures majority, a contingent
election is to be held whereby the US Congress is required to elect the
President and Vice-President. At the same time, 435 Electors who secure most votes
in their respective States constitute the House of Representatives also known
as the Congress.
“Faithless electors” like
“defectors” in India are not unknown, but some States have laws against them.
The Supreme Court also curbs Faithless Electors in Presidential election. In
2016, ten members of the electoral college voted or attempted to vote for a
candidate different from the ones to whom they pledged support. Three of these
were invalidated under Faithless Electors Law of their respective States.
The candidate who
wins majority of popular votes or the largest votes in the State receives all
its electoral college votes – a system known as “winner takes all”. The winner
can elect every office within a given district or jurisdiction which is in sharp
contrast with proportional representation which is related to the voting power
of the parties.
The electoral college
system suffers from a serious drawback that it does not ensure the election of
the person getting most popular votes as President. It is possible for a
candidate to win the electoral vote and lose the nation-wide popular vote. Four
Presidents including George W. Bush in 2000 and Donald Trump in 2016 were
elected by securing less popular votes than their opponents. In 18 elections between
1824 and 2000 Presidents were elected without popular majority. Notable is
Abraham Lincoln, who became President in 1860 by winning less than 40% of
popular votes.
In view of this
situation, critics of Parliamentary system adopted in India who point out the
possibility of obtaining parliamentary majority by winning minority of votes
most common in India have to think several times before advocating change. No
electoral system devised so far guarantees election of the most popular
candidate(s). Even the direct democracy of ancient Athens, if transplanted in
India, will face dominance of the rich, upper castes, male and so on. Gram Sabhas do not ensure equal participation
of all villagers.
However, it must be
admitted that the electoral college system provides the President a sense of
national acceptance and mandate for governance. It safeguards the interests of
smaller and also sparsely populated States against suppression by bigger and
more prosperous and vocal ones.
A major impact of the
system is on party politics in the US leading to a clear two-party system
practically eliminating growth of a third party and independents. American
electorate is polarized – every voter either Democrat or Republican.
All members of the US
Congress – the federal legislature – are directly elected by the people of each
State. President’s term is fixed meaning there is no mid-term election of
President. If an incumbent dies, resigns, or impeached, the remainder of his
term goes to the Vice-President and fresh election will take place on the
scheduled date.
Record breaking
numbers of mail-in votes and absentee ballots is a special feature of 2020
election and is suspected to give scope for fraudulent practices.
Constitutional
amendment to introduce direct election of the President in the place of
Electoral College is often mooted but not accepted. Bigger States want to
retain their importance and smaller States to safeguard their voice.
There are sections in
India wanting Presidential system. But, American system is not any ideal type
to be copied. India needs a strong centre for national unity and security and
active States for progress and prosperity.----INFA
(Copyright, India
News & Feature Alliance)
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