Source: The Hindu 

Introduction 

Germany's parliament, the Bundestag, has grown to be the largest democratically elected assembly in the world, with 736 members. This growth has raised concerns about costs and efficiency. To address these issues, the government has passed a new law to limit the size of the Bundestag to 630 members starting from the 2025 elections. This change aims to maintain fair representation in Parliament. 

What are the Features of the German Constitution? 

• The Basic Law of Germany establishes four fundamental structural principles for the Federal Republic of Germany: 
  • Federalism 
  • Democracy 
  • The rule of law 
  • The "social state" (government based on social justice) 
• Federalism 
  • The Federal Republic of Germany is composed of a central government (Bund) and 16 constitutive states (Länder or Bundesländer). 
  • Each state enjoys significant autonomy in matters such as police, law, culture, and disaster control. 
  • The cities of Berlin, Hamburg, and Bremen have special status as federal states due to historical reasons. 
• Democracy 
  • All state authority in Germany is derived from the people, as stated in the Basic Law. 
  • The people exercise their authority through elections, other votes, and specific legislative, executive, and judicial bodies. 
  • The Basic Law mandates the separation of powers to ensure democratic representation and rational discharge of functions. 
• Rule of Law 
  • The principle of the rule of law is implied through the separation of powers and the establishment of an independent judiciary. 
• Social State 
  • The concept of a "social state" is enshrined in the Basic Law, emphasizing the government's role in promoting social justice. 
• Separation of Powers 
  • Executive Branch 
  • Composition:  
    • The executive branch comprises the President, the Chancellor, and the Federal Ministers. 
  • Roles:  
    • The President is the Head of State 
    • The Chancellor is the Head of Government  
  • Appointments:  
    • The President appoints and removes ministers on the Chancellor's proposal. 
  • Policy-making:  
    • The Chancellor and ministers set policies and guidelines for the federal government. 
• Legislative Branch 
  • Bundestag (Lower House) 
    • Composition:  
      • 598 regular seats were elected under a mixed electoral system. 
    • Electoral System:  
      • Half the seats (299) are directly elected in constituencies based on majority vote.  
      • The other half are filled through proportional representation using party lists. 
    • Voting:  
      • Each eligible voter has two votes - one for a specific candidate and one for a party list.  
    • Term:  
      • Members are elected for a four-year term. 
  • Bundesrat (Upper House) 
    • Composition:  
      • Members of the Länder governments representing state interests.  
    • Legislative Process:  
      • Some bills adopted by the Bundestag require Bundesrat consent.  
      • For bills not requiring consent, the Bundesrat may enter objections, which the Bundestag can override. 
  • Judicial Branch 
    • Structure: Germany has an independent judiciary consisting of:  
      • Federal Constitutional Court 
      • Supreme Federal Courts 
      • Other Federal Courts 
    • Federal Constitution Court :  
      • Jurisdiction: Rules on issues related to the Basic Law, disputes between Länder and the Federation, and disputes between Länder. 
      • Role: Similar to the Supreme Court of India in its function as the ultimate interpreter of the constitution. 

What is the Similarity Between the Indian Constitution and German Basic Law?

How Does the German Federal Election System Work ? 

• Germans have two votes in federal elections. 
• The first vote:  
  • Directly elects a local candidate 
  • Uses a simple majority system 
  • Fills 299 seats in parliament 
• The second vote:  
  • Chooses a political party 
  • Determines the overall strength of parties in parliament 
  • Fills another 299 seats 
• To enter parliament, a party must:  
  • Get at least 5% of second votes, OR 
  • Win at least 3 local constituencies 
• The 5% rule exists to prevent too many small parties in parliament. 
• Seat allocation:  
  • Each region gets seats based on its population 
  • Parties get seats in each region based on their second vote share 
  • A party's final seat count is the higher of:  
    • Seats won through first votes (local candidates)  
    • Seats earned through second votes (party list) 
• The total seats a party gets across all regions determine its strength in the Bundestag (federal parliament). 

How Number of Seats Increase and How did They Affect German Federal Elections? 

• The two main parties (SPD and CDU) often win more direct seats than they should based on their overall vote share. 
• These extra seats are called "overhang seats." 
• Traditionally, parties kept these extra seats. 
• Smaller parties have grown, but big parties still win the most direct seats. 
• In 2008, the constitutional court said too many overhang seats were unfair. 
• In 2012, the court ruled that smaller parties should get "balance seats" to make things fair. 
• This ruling was based on principles of:  
  • Equal voting rights 
  • Direct elections 
  • Equal opportunities for all parties 
• The result: More seats added to balance out the overhang seats. 
• The court has approved changes to election law that follow this 2012 ruling. 
• These changes have led to an increase in the total number of legislators in the German parliament. 

What Are the Recent Changes to the German Federal Election Law? 

• New law passed on 17th March 2023: 
  • Caps Bundestag size at 630 representatives 
  • Takes effect from 2025 federal elections 
• New seat distribution:  
  • 299 candidate seats (unchanged) 
  • 331 party list seats (increased) 
• Major changes:  
  • Eliminates "overhang seats" and "balance seats" 
  • Reduces importance of candidate seats 
• New rules for winning seats:  
  • Winning a constituency no longer guarantees a seat 
  • If a party wins more direct seats than their vote share allows:  
    • Candidates with lowest vote percentages may not get seats 
• Legal status:  
  • Federal Constitutional Court has upheld these changes 
• Controversy:  
  • Critics say there wasn't enough consultation 
  • Main opposition (CDU) plans to reverse the law if they regain power 
• Background:  
  • Changes based on Electoral Rights Commission guidance from 2022 
  • Aims to limit the growing size of the Bundestag 

Conclusion 

The new electoral reform in Germany marks a significant shift in how the country elects its representatives. While it addresses the problem of an ever-expanding parliament, it has sparked controversy. The main opposition party has vowed to reverse these changes if they regain power. As Germany moves forward with this new system, it will be interesting to see how it impacts the country's political landscape and representation.