Representation and minority representation: theories, territorial and functional representation, and the methods

1. Representation: meaning and nature

Representation is the process by which a few persons act on behalf of many, so that the many are present in the making of decisions through those they have chosen. In a large modern state direct democracy is impossible, and representative government is the practical form of democracy. Mill called it the ideally best form of government: “the whole people, or some numerous portion of them, exercise through deputies periodically elected by themselves the ultimate controlling power.”

Its nature: the representative is chosen by election; holds office for a limited period; is responsible to the represented, who can refuse re-election; and acts for the whole people, not only for those who voted for him.

2. The role of the representative

• The delegate (mandate) theory. The representative is an agent bound to carry out the instructions and wishes of the constituents. Rousseau held that sovereignty cannot be represented; deputies can only be agents.
• The trustee (independence) theory. Edmund Burke, in his Speech to the Electors of Bristol (1774): “Your representative owes you, not his industry only, but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion.” Parliament is “a deliberative assembly of one nation, with one interest, that of the whole”, not a congress of ambassadors from different interests.
• The party theory. In modern practice the representative is elected on a party programme and votes with the party; the mandate is the party's. In India the Tenth Schedule enforces this by disqualifying members who defy the party whip.

Most writers accept a mixture: the representative follows the party on major questions, attends to constituents' needs, and uses independent judgment within those limits.

3. Territorial versus functional representation

Territorial representation divides the electorate into geographical constituencies; all voters in an area elect their member, irrespective of occupation, religion or class. It is the method of almost every democracy.

Functional (occupational, vocational) representation gives seats to occupational or professional groups: labour, agriculture, industry, the professions. It was advocated by the Guild Socialists (G.D.H. Cole), by Léon Duguit, and in corporatist form by Fascist Italy, whose Chamber of Fasces and Corporations (1939) replaced the elected Chamber. Examples today: the vocational panels of the Irish Senate; Hong Kong's functional constituencies; and, in India, the graduates' and teachers' constituencies of Legislative Councils (Article 171) and the twelve members nominated to the Rajya Sabha for knowledge or experience in literature, science, art and social service (Article 80(3)).

For functional representation: modern interests are economic, not local, and a miner in one constituency has more in common with miners elsewhere than with his neighbours; it brings experts into the legislature; it gives organised interests a legitimate voice instead of lobbying. Against: it is impossible to classify all occupations or allot seats fairly among them; housewives, the unemployed and many others fit no group; members think only of their group, not the nation; it leads to class conflict; and it was used by Fascism to destroy democracy. The usual conclusion is that territorial representation should remain the basis, with functional elements in a second chamber or advisory bodies.

4. Minority representation: meaning and nature

Minority representation means arrangements by which minorities, whether political (parties and opinions with less than majority support), religious, linguistic or ethnic, obtain seats in the legislature roughly in proportion to their strength, which they would not get under the single-member plurality system. Under that system a party with 40 per cent of the votes everywhere may win no seat at all.

Arguments for:

1. Democracy means government by the whole people, not by the majority alone. Mill: “In a really equal democracy, every or any section would be represented, not disproportionately, but proportionately.”
2. It prevents the tyranny of the majority (Tocqueville, Mill).
3. The legislature becomes a true mirror of the nation.
4. Minorities who are heard accept the system; excluded minorities turn to agitation.
5. It improves the quality of debate by bringing in dissenting views.

Arguments against: it encourages minorities to stay separate and think of themselves as distinct; it multiplies parties and leads to unstable coalitions; methods are complex; the majority must still rule in the end; and in India the experience of separate electorates (the Morley–Minto Reforms 1909 to the Communal Award 1932) is blamed for deepening communal division, which is why the Constituent Assembly rejected them.

5. Methods under a single-member constituency

Second ballot system. A candidate must win an absolute majority (more than half the votes cast) to be elected. If no one does, a second round is held between the leading candidates, and the winner of that round is elected. The French President is elected this way, the second round being between the top two. For the National Assembly, a first-round winner needs an absolute majority and at least a quarter of the registered electors; otherwise candidates with the votes of at least 12.5 per cent of registered electors go to a second round, which is won by a plurality.

• Merits: the winner has majority support; voters for small parties are not wasted in the first round; parties are encouraged to form alliances between rounds.
• Defects: it does not really represent minorities, which still win few seats; two rounds are expensive; and it invites bargaining between rounds.

A one-round variant is the alternative vote: voters rank the candidates, and the lowest is eliminated and their votes transferred until someone has a majority. It is used for the Australian House of Representatives.

6. Methods under a multi-member constituency

(a) List system

Each party presents a list of candidates; seats are divided among parties in proportion to their votes and filled from the lists in order. It is the commonest form of proportional representation in Europe; Belgium was the first to adopt it nationally (1899). Details and a worked allocation are in the PR note.

(b) Cumulative vote

Each voter has as many votes as there are seats and may give them all to one candidate or divide them. A concentrated minority can elect its candidate by “plumping”. It was used for English school boards from 1870 and for the Illinois House of Representatives from 1870 to 1980.

Worked example. A three-member constituency has 1,000 voters: 600 of the majority party and 400 of a minority party. Each voter has 3 votes.

N comes first with 1,200; two of the majority candidates take the other two seats. The minority with 40 per cent of voters wins one seat in three. Had the majority run only two candidates (900 each), the result would be the same. Merits: simple, and a cohesive minority is sure of representation. Defects: votes are wasted on candidates with far more than needed; the result depends on party skill in nominating and in instructing voters; a popular candidate may collect votes that would have elected a colleague.

(c) Limited vote

Each voter has fewer votes than there are seats. In the same three-member constituency, each voter has 2 votes. The majority (600 voters) can cast 600 votes each for M1 and M2 but has none left for a third candidate; the minority (400) gives 400 votes to N. Seats go to M1 (600), M2 (600) and N (400): majority two, minority one. Britain used it in some three-member constituencies from 1867 to 1885, and the Spanish Senate still uses it. Merits: simple; guarantees the largest minority a seat. Defects: only the largest minority benefits, smaller ones get nothing; a majority that is very large and well organised can still split its votes to win every seat; it gives fixed, not proportional, shares.

How this is examined

For representation: define it, give the delegate and trustee theories with Burke's words, then territorial and functional representation with the table and arguments. For minority representation: the meaning, arguments for and against, then the methods under single-member and multi-member constituencies, with a worked example of the cumulative and limited vote. The two worked examples take four lines each and win marks.