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Home / IAS Preparation / Referendum

Referendum - Polity Notes for UPSC IAS Preparation

Last Updated on Dec 12, 2023
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Referendum is a type of vote used to change the constitution or government of a country. It is often used for both legislative referrals and initiatives. It can also be referred to as a state vote that likewise does not affect either the federal or state constitutions. It can also often be referred to as a plebiscite in some countries. Even though, in India there is no such provision in the Constitution, it is important to know about referendum as it was used once in India.

Read the article below, to know more about the referendum for your UPSC CSE examinations.

Know about Election Laws in India here.

Historical background behind Referendum
  • Despite being a frequent practice in many democracies, referendums rarely have such a significant influence on modern culture.
  • But throughout history, referendums have also left a range of legacies.
  • In certain instances, they helped many nations achieve democratic freedom, while in other instances, they helped autocrats legitimize their rule.
  • In the 13th century, a group of men raised their hands in the first recorded referendum, which took place in Switzerland.
  • After the practice was incorporated into the Swiss constitution in 1847, the country later evolved into something akin to the world’s capital of referendums.

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Rationale behind a Referendum
  • Politically, referendums are a tool for the expression of direct democracy.
  • In modern times, most referendums are seen in the perspective of representative democracy.
  • They are used quite selectively for covering issues like changes in voting systems, or making complete secession from a national union.
  • Autonomy movements have surged in due to failure or the success of a referendum.
  • In many scenarios, currently elected officials may not have the legitimacy or inclination to implement such changes brought about by a referendum.

Also read: Doctrine of Pith and Substance here

Referendum in India
  • The Indian Constitution does not contain a specific referendum provision.
  • Thus, the referendum’s existence is neither illegal nor prohibited in India.
  • The outcome of the referendum won’t, however, have any legal significance for the administration.
  • On April 14, 1975, a referendum to abolish the monarchy was held in Sikkim. The state was proclaimed an Indian state with 97.55 percent of the voting.
  • The Goa Opinion Poll, which took place in the Indian state of Goa on January 16, 1967, determined the future of the Union Territory of Goa, Daman, and Diu within the Indian Union.
  • To decide whether Sylhet would leave Assam and join India or join East Bengal and the newly created country of Pakistan, a poll was held in that city in 1947. In the referendum, the decision to join Pakistan was approved.

Types of Referendums

There are various types of referendums which are detailed below for your reference.

Mandatory Referendums

  • It is a type of referendum which is required to be voted on, if certain conditions are met.
  • Such referendums do not require any signatures from the citizens.
  • It is used as a legally required step for ratification for constitutional changes, international treaties and joining international organizations, and certain types of public spending in some countries.
  • Types of mandatory referendums include:
    • Constitutional changes: Any constitutional amendment proceeds with a mandatory referendum. Example – In Australia, Ireland, Switzerland, Denmark etc.
    • Financial decisions: Such a referendum is required to issue certain bonds, raise taxes above a specified amount, or take on certain amounts of debt. Example – In California.
    • International relations: To enact international treaties that deal with collective security and joining a supranational community. Example – Switzerland.
    • War referendum: To approve a declaration of war. Never used till date.

Know the Difference between Act and Law here.

Optional Referendum

  • It is a type of referendum that is put to the vote as a result of a demand.
  • This may come from the executive branch, legislative branch, or a request from the people (often after meeting a signature requirement).
  • Types of optional referendums include:
  • Authorities plebiscite: Also known as legislative referrals. These are initiated by the legislature or government.
  • Initiative referendum: It is used by citizens to propose and vote on new laws.
  • Popular referendum: It is used by citizens to oppose and strike down existing laws.
  • Recall referendum: It is used for the removal of elected officials. It may be against a specific individual or whole legislature.

Independence Referendum
  • It is used for the decision to become an independent sovereign state.
  • This type of referendum may be legally sanctioned and binding or may not be sanctioned and considered illegal.

Know about Electoral Reforms in India here.

Criticism Against Referendums
  • Due to populist aspect, it is believed that voters in a referendum are more likely to be driven by popularity and not by deliberations.
  • Lack of information to make decisions on complicated or technical issues is also debated.
  • Closed questions and the separability problem affect the voting and judgement on various issues.
  • Undue limitations on regular government power due to popular demands by the public render the government unworkable.

Plebiscite
  • In a plebiscite, the entire populace of a country or territory is asked to vote on a specific item, such as the election of a leader or government, the potential for independence or annexation by another state, or a question of national policy.
  • Instead than choosing between many regimes or proposals, voters in a plebiscite are asked to affirm or reject the legitimacy of a certain type of government or course of action.
  • Plebiscites are thought to be a direct method for a government to interact with the populace, cutting out middlemen like political parties.
  • After the Revolution of 1789, the plebiscite gained favour in France because it was seen as an example of popular sovereignty.
  • Following a vote among the people or plebiscite, Napoleon was proclaimed as the emperor in 1804.

Difference between Referendum and Plebiscite
Referendum Plebiscite
It is a tool of direct democracy where citizens directly vote on a specific issue. It is a tool to obtain the views of the citizens on any issue of public importance like whether to appoint a person a an emperor or not.
It is more prevalent in modern states. It is less prevalent in modern states.
It is a form of true democracy. It is not a form of true democracy.
Referendum is neither approved nor disapproved in the Constitution of India. Plebiscite is also neither approved nor disapproved in the Constitution of India.

Questions to Ace Your Exams

Q1.What is a referendum?
A referendum is a democratic process where people directly vote on a specific proposal, policy, or initiative to accept or reject it. The term originates from the Latin verb 'refero,' signifying 'to carry back.' Often interchangeable with a plebiscite, a referendum involves citizens casting their votes on a particular question. Originating in the 16th century in the Swiss canton of Graubünden, referendums can be binding, having legal consequences, or advisory, providing non-binding suggestions. They vary in complexity, from straightforward choices to intricate scenarios with multiple options or transferable voting systems. A referendum is a crucial means for citizen participation in decision-making processes.

Q2.How does a referendum give people more influence in the government?
A referendum makes people part of decision-making in government. When citizens vote on specific proposals or issues, they help decide important policies or changes to the Constitution. This direct involvement gives a sense of empowerment and accountability, supporting the idea that everyone's opinions matter in a democracy. Referendums also bring transparency because people can see how their votes affect the final decision, promoting openness and accountability in government. Moreover, the referendum raises awareness about important issues, encouraging informed discussions and more people to get involved in civic matters. It's giving everyone a voice and a role in shaping how things work in their community or country.

Q3.Which sentence describes a legislative referendum?
The sentence "A legislature passes a bill that voters must approve" describes a legislative referendum. In a legislative referendum, the government suggests a new law or changes to an existing one through a bill. Instead of just making the decision themselves, they ask the people to vote and say if they want the proposed law or not. This way, citizens get a direct say in deciding the rules for their country or area. The referendum system fits with the idea of representative democracy, where elected representatives work together with the public to create the laws that govern a nation or region.

Q4.A referendum is not purely direct democracy because?
A referendum is not purely direct democracy because it involves the government proposing a measure that voters then approve or reject. In pure direct democracy, people not only vote on ideas but also get to suggest and create them. The main difference is that, in a referendum, the government is more involved in suggesting ideas, so people don't have as much say at the beginning. It's not exactly like ancient Greece, where everyone had a direct role in suggesting and voting on laws. So, a referendum lets people have a say, but it's not as direct as everyone creating the ideas themselves. 

Conclusion
  • In the current climate, when legislatures are more driven by petty political fights between a power-hungry administration and a cynical opposition, a suggestion to integrate a direct democracy instrument like Referendum into legislative operations may seem unattainable and idealistic.
  • But because it has some benefits, it is not a unsustainable idea.
  • Studies on referendums that have been held globally over the last few years show that India is one of the five democracies of the world that has never had a referendum.
  • This strategy must be considered, even if only as a little tool to alter our democracy.

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Frequently Asked Questions: Referendums

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FAQs

Referendums provide the power to citizens to cast a vote on a particular topic. The procedure for referendum varies from country to country.

The Indian constitution does not have the provision for it.

A referendum was issued in India to abolish the monarchy in Sikkim. It resulted in Sikkim becoming a part of the Indian Union.

No, a referendum is not legally binding and the government can ignore its results. The final binding of the referendum rests with the Parliament.

The percentage of votes to win a referendum varies from one country to another. On an average, one needs 25-50% vote range in favour to win a referendum.
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