THE June 23 referendum, on whether Britain should leave or remain in the EU, raises political and constitutional issues which are also relevant for other democracies.

In the House of Commons debate on June 27, veteran Kenneth Clarke made references to a sovereign parliament as the proper forum in which to discuss in detail the nuances which the question put to the people involved.

It was held in a bitterly divided society. Asian immigrants and Polish residents were being stopped in the street and asked to leave the country.

The Brexit vote was held in a bitterly divided society.

The cleavages between the young and elders, between the rich and poor and between regions came to the fore.

There were bitter regrets the next day as consciousness of the consequences seeped in. Scotland is another story.

Moral: never hold a referendum on an emotionally charged issue at a time when the people are not quite ready for it. Political commentator Anabel Loyd’s remarks reflect what many others felt: “We are far more deeply divided at the end of this campaign than ever before…. We elect our representatives to represent us and our interests … We should need no louder voice than that and now that it has been given to us we have used it to destroy our country....”

Ironically, in 2014, English politicians warned the Scots that if they voted in the referendum to leave the UK, they would have to leave the EU also. Now it is the UK which has decided to leave the EU by 52 per cent to 48pc while Scotland voted to remain by 62pc to 38pc. This was a decisive vote. The UK’s was not. It was too narrow a majority for so momentous a decision.

Scholars suggest that for a referendum to be decisive, a certain minimum percentage of the voter turnout and the majority vote should be prescribed.

Not surprisingly, more than two million people across the UK signed an online petition before the vote, calling for a new referendum. It urged that “if the ‘remain’ or ‘leave’ vote is less than 60pc based on a turnout less than 75pc, there should be another referendum”.

There were demands for a second vote after the results were announced. David Cameron rejected them. He reminded critics that parliament had decided to hold the referendum by a 6-1 vote. Its cost is a strong deterrent.

It remains to be seen what impact Scotland’s vote has. Under the Scotland Act, 1998 the Scottish parliament cannot block or veto any bill for Brexit passed by the UK parliament.

However, the UK government is pledged to consult all the three regions — Scotland, Wales and Northern Ireland — during the Brexit negotiations.

In the 2014 referendum, Scotland voted against independence by 55pc to 45pc. Its First Minister Nicola Sturgeon declared on June 26 that “the context and the circumstances have changed dramatically. The UK that Scotland voted to remain within in 2014 doesn’t exist anymore ... We face the prospect of being taken out of the European Union against our will.”

On June 29, she descended on Brussels to lobby support from EU leaders. If she succeeds in mobilising the Scots behind her plans, she will create a problem which Westminster will not be able to evade.

For long, Britain distrusted the referendum. Prof S.E. Finer remarked that it had become “the Pontius Pilate of British politics”. The leading authority Prof Vernon Bogdanor holds that “the referendum is now very much a part of the British constitution”. But cynical politics have plagued it.

Jurist A.V. Dicey advocated it in 1890 because he knew that there was a majority in parliament for Irish home rule, to which he was opposed, but none in the country.

The UK’s first major referendum was held in 1975. Harold Wilson’s aim was to unite the factions in the Labour Party. It was on continued membership of the European Community.

All the three major political parties supported it. The result — a loud ‘yes’ — was similar in Scotland and England. The roles were reversed. The Conservatives became divided on Europe and prime minister John Major decided to hold it in 1996, but did not.Tony Blair also promised one before joining the Eurozone. In 1997 he became prime minister but did not call for a referendum. He knew he would lose.

David Cameron had to promise one during the elections in 2015 to keep the Conservatives united. The poll divided the party as well as the country.

A referendum is desirable if a question of great importance merits an answer by the people alone. In such a case it should first be debated in parliament before the popular vote. It is perilous to transfer to the electorate divisions within or between the parties. They will be widened further.

The writer is an author and a lawyer based in Mumbai.

Published in Dawn, July 2nd, 2016