Page 149 - DPOL202_COMPARATIVE_POLITICS_AND_GOVERNMENT_ENGLISH

Comparative Politics and Government

Notes voters may either propose a new law or submit to the Cantonal Council the principle on which
they desire a new law to be formulated. In the latter case, the Council may refer to the people the
specific matter and if it gets support of the majority, the Cantonal Council prepares the law and
submits it to the people for their final acceptance or rejection.
The device of initiative is important in cases of constitutional amendments. In this direction, it is
of two types – formulated and non-formulated or in general terms. When the demand of the voters
is contained in the shape of a draft or in specific terms, the Federal Assembly accepts it for the
approval of the people and of the cantons. If the voters send a general demand giving outline only,
then it is the obligation of the legislature to draft, consider and pass the laws as desired by the
required number of citizens subject to the ratification of the people.
Referendum: It is another device of direct democracy in Switzerland. It implies the process by
which the verdict of the people is sought on a proposed law and on which the legislature has
already expressed its opinion. In simple words, it means reference to the people for final approval.
It is a device through which the people may demand that a particular resolution passed by the
legislature should not come into force unless it is ratified by the electorate at the polls by a
majority vote. In the words of Munro, it “is a device whereby any law which has been enacted by
the legislature may be with held from going into force until it has been submitted to the people
and has been accepted by them at the poll.”
The device of referendum was introduced in Switzerland in 1778 much earlier than the agency of
initiative that was adopted in 1892. Like initiative, referendum is of two types – compulsory or
obligatory and optional or facultative. All constitutional amendments, partial or full, whether of
the national or of cantonal Constitutions, are subject to referendum and, as such, no constitutional
amendment can be finally effective until the resolution is ratified by a majority of the voters and
of the cantons in the case of federal constitution. But the application of optional referendum is
limited to the cases of ordinary legislation. A federal law which is of general importance and
which is not declared as ‘urgent’ by the Federal Assembly must be submitted to the referendum if
the demand to that effect is made by at least 50,000 qualified voters or by 8 cantonal governments.
Criticism: The working of the agencies of direct democracy has its own merits and demerits.
Among the salient merits, it is, in the first place, pointed out that it is the surest means of discovering
the wishes of the people and an excellent barometer of the political atmosphere. Second, it lays
down that in Switzerland elected bodies are subject to the sovereign control of the people and thus
it is this country alone where the doctrine of popular sovereignty has been realised in actual
practice. Third, these devices have established a living and unbreakable connection between the
government and the people and thus the deputies chosen by the people may never gain the
arrogant status of representative bodies. Fourth, the working of the institutions of direct democracy
disseminates political education among the people and inculcates in them a keen awareness of
public issues and a deep sense of responsibility in discharging their civic duties. Above all, the
application of the devices of direct democracy impart a moral character to the provisions of the
Constitution and the laws and thus intensify the forces of habitual obligation. In a word, these
devices justify the fact that the people in whom the sovereignty resides, “must themselves exercise
the right of dissolution and the right of veto.”
On the contrary, the working of direct democracy in Switzerland has its demerits. In the first
place, it adversely affects the prestige and responsibility of the legislature. The legislature remains
like not more than a drafting committee of the people. It reduces the element of responsibility in
the normal functioning of legislative bodies. Second, the agencies of direct democracy give to the
people what they hardly deserve. The people, in general, vote for the measures about which they
do not know much and hence the fate of the very technical and specialized measures is decided by
the votes of the largely ignorant masses. Thirdly, the working of referendum, in particular, has
introduced a greater degree of conservatism. It is found that the people have often rejected a bill
if it was found effecting a radical change. Finer has expressed the view that uninformed,
unintelligent and vindictive people have very frequently wrecked progressive legislation. Fourth,
the actual operation of referendum is so rigid that it leaves no room for a prudent voter to propose
any amendment. He has to vote either ‘yes’ or ‘no’ and, thus, the result of the popular vote fails to

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