CHAPTER OWE

HISTORV OF FRANCHISE IN INDIA (UPTO 1861)

1CHAPTER ONE

HISTORY OF FRANCHISE IN INDIA (UPTO 1861)

It was a matter of controvery among the Historians whether

India did have anything like democratic form of government in ancient

past. The history of ancient India does bear a testimony that it had

some Republican institutions to its credit though those died out without

developing further. For example, inVedic times the Sabha and Samiti

were the prominent deliberative bodies in which the citizens participat­

ed in discussing the issues of national importance. In later Vedic

period kings with their big kingdoms emerged strong and built up their

own administration and the Sabha and Samiti which were functioning under

the kings disappeared slowly.

In the period from 8th to 4th century B.C., there were some

clans in Punjab and north-eastern India which were following the

practice of oligarchic form of republican government. This is particul­

arly known from the constitution of Buddhist Sangha and the Greek write­

rs on the constitution of Buddhist Sangha and the Greek writers on the

invasion of Alexander in 4th century B.C. There were a number of

occasions where the Khattiyas of republican states of Buddhas times

in north-eastern India met in the assemblies and took the decisions.

For example, when Kosala King invaded Sakyas the Sakya members met and

decided by majority to open the gates of their city. When Mahavira died

in Pava, the members of the Malla republic met and decided that they

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should pay homage to Mahavira because like them he was also a Khattiya.

It seems that the constitution of the Buddhist Samgha was copied from

the political Samgha.

Buddhist literature shows that all the members who had the

right to be present were present in the assembly on seats, placed under

the direction of a special officer appointed for the purpose. "Now at

the time a Bhikkhu named Ajita, of ten years' standing, was the reciter

of the Patimokkha to the samgha. Him did the samgha appoint as seat

regulator (Asanna Pannapaka, i.e., asanaprajnapaka) to the Thera Bhikkus".^ The matter was moved and discussed and then the decisions

were taken on the majority of votes in the Sangha.

Here is a resolution moved at the instance of the Buddha

himself:

Let the venerable samgha hear me. This Bhikkhu Uvala being examined in the midst of the samgha with an offence when he has denied it than confesses it, when he has confessed it then denies it, makes counter­charges and speaks lies which he knows to be such. If the time seems to meet to the samgha, let the samgha carry out the Tassa Papiyyasika-Kamma (A punish­ment) against the Bhikkhu Uvala. This is the motion.

Let the venerable samgha hear me. This Bhikkhu Uvala (etc. as before). The samgha carries out the Tassa Papiyyasika Kamma against Uvala the Bhikkhu. Whosoever of the venerable ones approves of the (A punishment) Tassa-Papiyyasika Kamma being carried out against Uvala the Bhikkhu, let him keep silence. Whosoever

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approves not thereof let him speak.

A second time I say the same thing. This Bhikkhu Uvala (etc. as before, down to) let him speak.

A third time I say the same thing (etc. as before down to) let him speak.

The Tassa-Papiyyasika-Katnma (A punishment) has beencarried out by the Samgha Uvala the Bhikkhu. There-

2fore is it silent thus do I understand.

Examples can be multiplied quoting from the Buddhist literature.^

QUORUM

The rule of quorum was strictly observed. In small local

societies of Buddhist monks a number of twenty formed the quorum: to transact all kinds of formal acts.^

If any business was transacted without the required number

of members being present, the act was regarded as invalid and inoperat­

ive.

"If an official act of Bhikkhus is performed unlawfully by

an incomplete congregation it is no real act and ought not to be perform­

ed.

"The duty of -gathering the minimum number of members Gana-

Puraka or whip, was undertaken byone of the members.5

4CONSEQUENCE OF DISREGARDING PROCEDURE

Putting the resolution or pratijna to the assembly was called

Kammavacha (Karmavach). Now, if the (natti, i.e.,Janpati notice) was

moved and no pratijna formally put, or if the resolution was proclaim­

ed and no natti had been moved, the act would be considered invalid.

Similarly, an act requiring a natti-chatuttha (the four natti-proced-

ure) could not be lawful if the motion or the resolution was not moved

for the prescribed number of times. Again the order of the motion and

resolsution could not be subverted.

VOTES

Vote was called Chhanda. Chhanda literally means 'wish',

'desire'. It connotes that in voting a member was expressing his free

will and choice

VOTE OF ABSENTEES

Votes of the members, who were entitled to be present at the

meeting but who owing to some illness or like disability could not

attend, were scrupulously collected. An omission to do this vitiated

the proceedings. But such votes were rejected if objected to by the

assembled members. It was optional with the members to count them but they were expected to be collected usually.^

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BALLOT VOTING: THE PROCEDURE OF MAJORITY

If the samgha adopted a resolution unanimously, the question

of voting did not arise; but if a matter entailed a division in the

opinion of the members, speeches were made and the procedure of majority

was observed. The opinion of greater number (buhatora) decided the

matter (The procedure was called Ye-bhuyyasikam in Pali).

The method of voting was secret and even in counting the votes secrecy was maintained.^

FRANCHISE AND CITIZENSHIP

In aristocratic republics the basis of the franchise was the

family. This is implied by the Mahabharata when it says that there is

equality in the Gana by family (Kula) and by birth (jati). Equality

by birth and family made up the constitutional equality inside the Hindu

republic. Every free man in a samgha was equal by his birth and every

family was equal for political purpose. A passage in Pali canon also

takes the Kula as the basis of franchise. The Buddha preaching to the

sons of the Lichchavis says that high careers open to a kulaputta or

cadet of a family were these, he might become consecrated to rulership,

might become a Rashtrika or Pettanika or the Generalissimo, or the

President of a township (gamagamanika) or the President of an industrial

guild (pugagamanika) it is meant that all these offices were effect­

ive and kula-putta was eligible to all these in a Gana-state. A sixth

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careeris added and it is with regard to a kula-state which we have

already noticed above. Katyana the law giver says that gana is the

assembly of kulas. Kula or family was thus the basis of the political

right and power in aristocracies and in the aristocratic democracies.

But it could not have been in the rule in what the Greeks called demo­

cracies. There everybody was equal by birth. Birth alone must have been

the basis of franchise in constitutions like that of the kathas and

the saubhutas were even the selection sof the king depended upon

personal qualification and no one attached any regard to the family,

and where the culture of the individual himself was the prime considera­

tion of the state. We find in the sakya parliament both young and old

assembled, in the Vrishni samgha father, son and younger brother

(Krishna, Pradyumna, Gada) all possessed franchise. Sakyas were equally11communal and their republic was based on communal aristocracy.

FUNCTIONAL AND TERRITORIAL REPRESENTATION

In India this idea is as old as the Vedas. At the coronation

of the kings, according to some hymns, the 'Gramani' representing a12village as well as various guilds used to be present.

EVIDENCE FROM RAMAYANA

Ramayana example of selecting Rama under the law of primogen­

iture and his subsequent banishment to the forest does not support that1 ^democratic traditions were becoming strong.

7In the Pali canon we are told that the 'Kula' is the basis

of the franchise. Buddha in his sermon to the Lichchavis narrated that

various careers were open to a 'Kulaputta'The careers he mentioned

were consecration to rulership, 'Rashtrika' or 'Pattanika' or generali­

ssimo or President of township or of an industrial guild. Katyayan

mentions 'Ganga' as the assembly of 'Kulas'.15 Thus, family seems to

be the basis of franchise exercised by the head of the family, but this

was not at all a universal fact. There were some states e.g., those

of kathas, saubhutas, vrishnis etc., were all young people and exercised

franchise. In a Jataka story we are told that citizens and the courtiers

of Takkasila jointly chose a prince hailing from Magadh to fill the1 6vacant throne of the king of Gandhara.

In the Chulla Vagga, Sakya describes the ballot and other

kinds of voting. "I enjoy upon you" Bhikku, three ways of taking votes17the secret method, the whispering method and the open method.

Wooden coloured pins known as 'salakas' were used as ballot

papers when secret voting was taken. An electoral officer 'salaka-gahak'

(taker or collector of pins) was first appointed by the assembly. For

election to this post freedom from partiality, malice, folly and fear

and knowledge of procedure were the essential qualifications. Election

to this post was by a resolution and a voice vote. After assuming this

office the electoral officer had to explain the significance of the

colours to voters Lndiidually. As each Bhikku came to him for voting,

he used to say to him, "This is the ticket for the man of such an opinion,

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this is the ticket for the man of such an opinion; take whichever youi

like". When he had chosen (he was to add) "he was not to show it to

any body". Wooden pins were then deposited in an earthen pot and after

the completion of election these were counted and the result was declar­

ed.

Whispering system was a voic'e vote. In the Chulla-Vagga we

note the following statement: "And according as the large number of

Bhikkus shall speak, so shall the case be decided". This system also

could be described as open method since secrecy could not be maintained.

But since three methods are specially mentioned, it may be presumed

that open system was something different from these two systems. We

have no knowledge of this system but there is a possibility that the

open system signified the system of show of hands or division In groups.

The Buddhist constitution as it operated in Buddhist samgha

would mean that the Indians did develop a kind of republican form of

government. We notice that in fourth century B.C. when Alexander invaded

Punjab, his historians particularly noticed that there existed a strong18republican state of Sudrkas. Sudrka and the capital in the Massaga

Alexander fatally injured by an arrow hit when was claiming up the war

of Massaga city. It is this republic which summoned the assembly of

elders to elect this military leader to send to oppose Alexander.

In what mode did the Sudraka elect their military leader to

oppose the Alexander is not known. But it cannot be denied that it

is the mode of consent that must have decided the issue of military

leadership. In third century A.D. we also witness that some republic

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states such as Arjuniayyas prominently existed in middle India. Their

form of government, their mode of decline are not known.

After the third century B.C. we hear nothing of the republican­

ness in India. But the reminiscence of the republics is preserved only

in the local self government whose tradition of majority rule either

by common consensus or by majority votes continued down to the modefn

age of absolute democracies.

ELECTION AND FRANCHISE IN BRITISH INDIA

The British came to India as traders and stayed as rulers

for nearly two hundred years. The British power was built in India by

a trading corporation, the East India Company.The rule of the East India

Company lasted until 1857. What it achieved for the British was the

extension and consolidation of British authority throughout the length

and breadth of India and the creation of powerful centralised system

of government. But important fact from the point of view of the people

of this country is that the administration was in the hands of an alien

bureaucracy which generated a kind of discontentment among the Indians

from very early years of British rule in India.

Born and brought up in the democratic tradition a handful

of British Indian rulers felt some representation must be given to the

Indians in the governance of their country. Wellsley lamented for the

situation in the country which did not allow to admit any part of

the native subject to participate in the legislative authority with

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the Governor General in Council.

In the select committee of the parliament of Great Britainon

at the time of passing the Charter Act of 1833 it was laid down that

the interests of the native subject are to be consulted in preference

to those of Europeans wherever the two came in competition and that

therefore, the laws ought to be adopted to the feelings and habits of

the natives rather than those of Europeans". Bub in reality no provi­

sions were made for the representation of Indians.

CONTRIBUTION OF LORD DALHOUSIE

Even a staunch imperialist like Dalhousie had pleaded for

Indian representation in the Council assembling for legislative work.

He wrote in an essay "The government of India" on Oct. 13, 1852 "there

were already some native gentlemen whose intellectual qualities, whose

experience of government, and whose intensive and minute knowledge of

Indian details would render anyone of them a very valuable - member of

the legislative council. For my part should be personally glad to see21such a gentleman appointed at once under the new Act.

The modest suggestion of Lord Dalhousie was turned down by

the then President of Board of Control Sir Charles Wood. Being dis­

appointed in this way, Dalhousie made an appointment of Prassanakumar

Tagore of Calcutta to be a Clerk Assistant of the Council. Thus the

first credit for taking a concrete step to associate an Indian with

the work of legislation goes to Lord Dalhouse.

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IMPACT OF GREAT REVOLT 1857

The outbreak of the great revolt compelled the British states­

men to think about the Indian problems very seriously. There was an

unprecedented discussion in private and in public as to future policyt

regarding the Indian Empire. A discussion was held in the parliament

whether to give representation to the Indians in government of their

country but to no use. Mr Gladstone was the leader of the opposition

in House of Commons (1892) who pointed out that it was impolite to grant22the representation, "when a considerable portion of the natives were

still in arms against the British".

MUTINY AND TOE CHANGE

India's native powers were humbled down by the English East

India Company during the years that followed the battle of Plassey in

1757, except Sindh and Punjab, which were conquered in 1842, the whole

of the country came under the British power by the close of the second

decade, the 19th century. By modern means of communication, english

education, uniform administration and the tradition of rule of law

East India Company rule in India succeeded in bringing the English

civilization close in interaction to the Indians. All this proved beyond

doubt the superiority of the English over the Indians. This caused

a consciousness among the thinking men of India to conclude that all

is not well with the Indians. Indians' military defeat on the one hand

and the English democratic experiments on the other generated among

Indians the feeli-g i hat their voice must be heard in the governance

of the country. "The Bombay Association", Poona Sarvajanik Sabha, in

Bengal, "British INdia Association" (1851), Madras Native Association

etc., were the result of this new atmosphere. The 1857 mutiny was large"

ly the resuslt of the lack of understanding of the Indians' problems

by the English. And this has been acclaimed by the assertion of the

English bureaucrat?; and thinkers on the issue of mutiny.

The mutiny was crushed by the army of the East India Company

but the English traders vdio had the influence in British Parliament

prvailed over the British premier to take over the administration of

India. They were liberals and their liberalism succeeded in taking over

the Indian sub-continent from the English trading company. It is signi­

ficant to know that the British Parliament proclamation stated that

Indians's views will be considered sdiile governing India.

NOTES AND REFERENCES

1 The account of the Congress of Vaisali, Chaullvaga, XII, 2.7

(Vinaya S.B.E.,XX 408).

2 Chullavaga, IV, 112, Trans, by Oldenberg and Rhys Davids

Sacred Book of the East XX, 29.

3 Chullv&gga. XI, 1.4.

4 Mahavagg, IX, 4.1.

5 Vinaya dahivagga, IX, 3.2.

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13

Vinaya Mahavaga, IX 3.7.8 Trns. by Rhys Davids and Oldenberg,

S.B.E., Vol. XVII, p. 265.

S.B.E. Vol. XVII, p. 266.

Chullagaga IV, 14.24, S.B.E., XX, p. 24, XXVI, p. 56.

Auguttara Nikaya Vol. Ill, p. 76.

Viramitrodaya, p. 426.

See Fick Richard - North-Eastern India of Buddha's Time.

R.K. Mukherjee, Local Government in Ancient India, Ch. II, III, pp. 35-100.

Ramayana Ayodhyakand, Ch. II.

Anguttara, Nikaya, Pt. II, p. 76.

Viramitrodaya, p. 426.

Janaka, 1, p. 399.

Chulla Vagga, XI, 1.4.

Macrindle -Invasion of India by Alexander.

A.C. Banerjee, Vol?Indian Constitutional Documents No.h143.

31, p.

Ibid., p. 47.

Lee Warner, Life of Dalhousie, Vol. II, p. 232.

Gladstone speech - Hansards Parliamentary Debates, Vol. 137.