THE PERCEPTION OF JUSTICE IS AS IMPORTANT AS JUSTICE ITSELF

THE CONTEXT: In contemporary democracies, the quality of public discourse is deteriorating due to the rise of personality-driven politics and media proliferation, overshadowing critical issue-based discussions. This trend threatens the foundational institutions of democracy, necessitating a return to constitutional principles and institutional integrity.

THE CURRENT STATE OF AFFAIRS:

  • Ideological Polarization: There is a significant increase in ideological extremism and perceived polarization within party systems, which leads to decreased support for democratic principles. This polarization makes it challenging for individuals with differing ideologies to cooperate and engage in constructive dialogue.
  • Impact of social media: Social media platforms are seen as major contributors to political divisions. They often exacerbate political differences, leading to more divided opinions and less civil discourse. This division is particularly pronounced in countries like the United States, South Korea, and the Netherlands.
  • Cooperation Challenges: Political ideology influences cooperation, with conservatives often pursuing self-interest and liberals focusing on egalitarian outcomes. There is a tendency for individuals to show in-group favoritism, which complicates cooperation across political divides.

FACTORS CONTRIBUTING TO THE PROBLEM:

  • Social Media’s Influence: Social media platforms often create echo chambers where users are exposed mainly to viewpoints that align with their own, reinforcing existing beliefs and increasing societal polarization. This environment discourages exposure to diverse perspectives and fosters hostility towards opposing views.
  • Media’s Role: Traditional and digital media influence public discourse by setting agendas and framing issues in specific ways, which can skew public perception and debate. The rise of partisan media outlets contributes to polarization by presenting biased information that aligns with specific political ideologies, further dividing audiences.
  • Political and Social Dynamics: Public discourse is often influenced by political group affiliations, leading to discussions that focus more on group identity than on individual opinions or issues. There is a growing trend of polarized alienation, where individuals avoid engaging with opposing views, resulting in a degraded state of free speech.

THE CONSEQUENCES:

  • Erosion of Democratic Norms: The weakening of public discourse can lead to a disregard for democratic norms and values. This is characterized by regimes that maintain formal democratic structures while undermining the principles that sustain constitutional democracies.
  • Threats to Social Cohesion: The decline in civil discourse can contribute to social fragmentation, dividing communities along ideological lines and undermining trust and cooperation necessary for addressing common challenges.
  • Impact on Institutional Integrity: The erosion of discourse can weaken the perceived legitimacy and effectiveness of democratic institutions, making it difficult for them to perform their roles effectively.

THE WAY FORWARD:

  • Return to First Principles: Emphasize a return to foundational principles of governance, such as representation, separation of powers, and federalism, which are essential for maintaining a healthy democracy. Lawmakers are encouraged to consult founding documents like the Declaration of Independence to understand and implement these principles effectively.
  • Strengthening Constitutional Institutions: Unelected constitutional institutions should lead efforts to restore sanity and faith in democratic processes by upholding higher standards of probity and quality. These institutions should act as watchdogs to protect the letter and spirit of national constitutions and maintain their independence from political interference.
  • Enhancing Public Participation: Encourage public participation in constitutional processes through referenda or freely elected constituent assemblies to ensure legitimacy and alignment with popular sovereignty.
  • Promoting Media Literacy and Responsible Usage: Develop critical media literacy skills among citizens to discern reliable information from misinformation and avoid echo chambers.
  • Encouraging Offline Interactions: Promote offline connections and face-to-face interactions to strengthen social bonds and reduce dependence on social media. This involves prioritizing genuine human connections over virtual ones to rebuild social fabric and public discourse.

ROLE OF CONSTITUTIONAL BODIES:

  • Upholding Constitutional Principles: Constitutional organs are tasked with maintaining the foundational principles of democracy, such as checks and balances, separation of powers, and protection of individual rights.
  • Ensuring Transparency and Integrity: These institutions are expected to operate with transparency and maintain a high standard of integrity to inspire public confidence. By demonstrating commitment to probity, they gain moral authority to hold other branches of government accountable.
  • Acting as Guardians of Democracy: Unelected constitutional bodies are designed to rise above partisan politics and act as watchdogs to protect democratic values. They are responsible for preserving the independence, impartiality, and integrity necessary for a functioning democracy.
  • Facilitating Constitutionalism: Constitutional discourse can shape institutional design and practices, limiting political power and preventing its arbitrary use. Through constitutionalism, these organs help channel constitutional thoughts and practices towards a limited government framework.

CASE STUDY: T.N. SESHAN AS CHIEF ELECTION COMMISSIONER

T.N. Seshan served as the Chief Election Commissioner of India from 1990 to 1996 and is renowned for his efforts to reform the electoral process in India. His tenure is marked by significant changes that enhanced the transparency and fairness of elections.

  • Reforms Implemented: Seshan introduced several measures to curb electoral malpractices, including strict enforcement of the Model Code of Conduct, limiting election expenses, and using voter ID cards to prevent fraud.
  • Legal Challenges: Seshan challenged a 1993 Presidential ordinance that sought to convert the Election Commission into a multi-member body, arguing it was unconstitutional. The Supreme Court upheld the ordinance but acknowledged the importance of having multiple commissioners to avoid concentration of power.
  • Legacy: Seshan’s reforms and assertive leadership style left a lasting impact on India’s electoral process, earning him respect for his dedication to upholding democratic principles. His work exemplifies how strong leadership within constitutional bodies can enhance their effectiveness and credibility.

THE CONCLUSION:

To restore meaningful public discourse, it is imperative for constitutional institutions to lead by example, demonstrating transparency and independence. By upholding high standards, these bodies can inspire broader improvements in democratic engagement and accountability.

UPSC PAST YEAR QUESTION:

Q. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. 2022

MAINS PRACTICE QUESTION:

Q. The decline of public discourse in modern democracies is often attributed to the rise of individual-centric politics and media proliferation. Discuss the role of constitutional institutions in mitigating this trend.

SOURCE:

https://indianexpress.com/article/opinion/columns/express-view-to-move-forward-manipur-needs-dialogue-among-communities-9582773/

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