Why in the News?
On July 30, Germany’s constitutional court approved downsizing the Bundestag, citing concerns over financial strain and efficiency due to its unprecedented 736 deputies.
(Note: The Bundestag is the Lower house of Germany)
Why has the German Constitutional Court upheld the move to downsize the lower house of parliament?
- Constitutional Rationale: The court approved the plan to reduce the size of the Bundestag to improve its efficiency and reduce costs, as it had become the world’s largest elected assembly.
- The court backed the government’s decision to limit the Bundestag to 630 members by removing “overhang” and “balance” seats, which had caused the number of legislators to grow significantly.
- Legal Compliance: The court’s decision aligns with previous rulings that emphasized the need for electoral equality and the fair representation of political parties in the Bundestag, ensuring that the election system remains constitutionally valid.
How does a mixed-member Proportional Representation system work?
- Dual Voting System: In Germany, each voter casts two votes in federal elections:
- First Vote: Directly elects a candidate from a local constituency via the first-past-the-post method (299 seats).
- Second Vote: Chooses a political party, which determines the distribution of another 299 seats proportionally across Germany’s 16 regions.
- Seat Allocation: The second vote is crucial as it determines the overall proportion of seats each party holds in the Bundestag. The final seat count for each party is based on a combination of directly elected candidates and the proportion of the second vote.
- Overhang Seats: If a party wins more direct seats than the proportion of the second vote would allow, these extra seats are known as “overhang seats.” These were traditionally retained, leading to an increase in the total number of seats.
How does a mixed-member Proportional Representation system work in India?
Types of Proportional Representation:
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What are balance or overhang seats and why were they deemed Unconstitutional?
- Overhang Seats: These are additional seats that a party wins when it secures more direct constituency seats than it would be entitled to based on its second vote share. This situation arises due to the mixed-member proportional system.
- Balance Seats: Introduced to maintain proportionality and fairness, balance seats are given to other parties to offset the overhang seats, ensuring that the overall seat distribution reflects the second vote shares accurately.
- Unconstitutionality: In 2008, the German Constitutional Court ruled that the increasing number of overhang seats violated the principle of electoral equality. The recent judgment further upheld the move to eliminate these seats to simplify the electoral system and maintain fairness.
Conclusion: Germany should swiftly implement the downsizing plan, ensuring that the transition to a 630-member Bundestag is smooth and transparent, with clear communication to the public and political parties.
Mains PYQ:
Q Critically examine the procedures through which the Presidents of India and France are elected. (UPSC IAS/2022)
