INDIA MAY BE ON THE VERGE OF REDEFINITION OF DEMOCRACY

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THE CONTEXT:

There is a suppression of dissent and the manipulation of law enforcement and public sentiment by the ruling party in India. They conflated the ruling party with government machinery, leading to a near-perfect alignment of political agendas with law enforcement actions. This situation raises concerns about the erosion of democratic principles and the rise of majoritarianism, posing significant challenges to the functioning of democracy in the country.

THE ISSUES:

• Freedom of Expression (Article 19(1)(a)): The incidents described highlight the misuse of these restrictions to stifle dissent and criticism of the ruling party, raising questions about the balance between freedom of expression and reasonable restrictions. However, the Indian Constitution guarantees the right to freedom of speech and expression, which is fundamental for the functioning of a democracy. However, this right is subject to reasonable restrictions under Article 19(2) for reasons such as the sovereignty and integrity of India, public order, decency, or morality.
• Right to Equality (Article 14): This article ensures equality before the law and equal protection of the laws within the territory of India. The selective enforcement of laws and targeting of individuals based on their political views or affiliations challenge the principle of equality and non-discrimination.
• Right to Life and Personal Liberty (Article 21): The arbitrary detention of individuals, including the complainant and victims in the first incident, infringes upon their right to life and personal liberty, highlighting the need for police reform and accountability.
• Police Reforms: The Second Administrative Reforms Commission (2007) recommended comprehensive police reforms to ensure that the police act in a politically neutral manner, respecting human rights and the rule of law. The incidents underscore the urgent need to implement these reforms to prevent the misuse of police powers for political purposes.
• Sedition Law: Various committees, including the Law Commission of India, have discussed the need to reconsider or repeal the sedition law (Section 124A of the IPC), which has been used to criminalize dissent and suppress free speech. The application of sedition charges in situations that do not meet the Supreme Court’s criteria for incitement to violence or disorder reflects the misuse of this colonial-era law.
• Majoritarianism and Democracy: The Sachar Committee Report (2006) and the Ranganath Misra Commission Report (2007) have addressed issues related to social inclusion and the protection of minority rights. The rise of majoritarianism, as highlighted in the incidents, threatens the pluralistic fabric of Indian society and the principles of secularism and democracy enshrined in the Constitution.

THE WAY FORWARD:

• Implement Police Reforms: Comprehensive police reforms are crucial to ensure law enforcement agencies operate impartially and are not influenced by political pressures. The recommendations of the National Police Commission, the Padmanabhaiah Committee, and directives from the Supreme Court, such as establishing State Security Commissions and ensuring a minimum tenure for the Director General of Police, should be implemented.
• Strengthen Freedom of Expression: The Constitution of India guarantees freedom of speech and expression, but it is subject to reasonable restrictions. There is a need to clearly define these restrictions to prevent their misuse against dissenting voices. Legal safeguards should be enhanced to protect the freedom of the press and expression against arbitrary executive actions.
• Review and Amend Laws Used to Suppress Dissent: Laws such as sedition (Section 124A of the IPC) and national security often used to curb dissent should be reviewed and amended. This would ensure that they are not misused to silence opposition or criticism of the government.
• Judicial Oversight and Independence: The judiciary safeguards democracy and fundamental rights. Ensuring the independence of the judiciary and its proactive role in checking executive excesses and protecting civil liberties is essential.
• Encourage Inclusive Dialogue and Tolerance: Initiatives to promote interfaith dialogue, multiculturalism, and tolerance are essential to counter majoritarianism and polarization. Civil society organizations, educational institutions, and the media can significantly foster an inclusive and pluralistic society.
• Strengthen Civil Society and Media: A vibrant civil society and an independent media are pillars of democracy. Supporting NGOs, activists, and journalists who work to hold the government accountable and provide a platform for diverse voices is crucial for a healthy democracy.

THE CONCLUSION:

Addressing the challenges highlighted requires concerted efforts from the government, judiciary, civil society, and citizens. While legal and institutional reforms are essential, societal changes toward more inclusive, tolerant, and participatory democracy are equally important. The solutions outlined above, drawn from various recommendations and analyses, provide a roadmap for strengthening democracy in India.

UPSC PAST YEAR QUESTIONS:

Q.1 ‘Constitutional Morality’ is rooted in the Constitution and founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (2021)

Q.2 The Indian party system is passing through a transition phase which looks full of contradictions and paradoxes.” Discuss. (2016)

Q.3 What do you understand by the “freedom of speech and expression” concept? Does it cover hate speech also? Why do films in India stand on a slightly different plane from other forms of expression? Discuss. (2014)

Q.4 The Rules and Regulations provided to all civil servants are the same, yet there is a difference in performance. Positive-minded officers can interpret the Rules and Regulations in Favor of the case and achieve success, whereas negative-minded officers cannot achieve goals by interpreting the same Rules and Regulations against the case. Discuss with illustrations. (2022)

Q.5 Discuss the Public Services Code as recommended by the 2nd Administrative Reforms Commission. (2016)

MAINS PRACTICE QUESTION:

Q.1 Analyze the notion of majoritarianism in Indian democracy. How does it impact the fundamental right to dissent and minority interests, as provided by the Indian Constitution?

SOURCE:

https://indianexpress.com/article/opinion/columns/accessibleindia-can-mughalhistory-inspire-modern-inclusion-9162126