Democracy in India: The Indian Constitution, with its democratic and liberal values, serves as the bedrock of the nation’s governance. However, recent developments have raised concerns about the subversion of its identity. Beyond textual transformations, the Constitution’s core elements face threats from external forces that challenge its democratic environment. This article explores the various factors endangering the Constitution’s identity and the vital role the judiciary plays in safeguarding it.
A show of concern for democratic institutions in India coming from certain parts of the US elite is nothing more than cynical realpolitik. If New Delhi’s interests are aligned with those of Washington, then it could care less about anything else.
A democracy is a type of government in which rulers are elected by the people through elections that are free and fair, on the basis of universal adult franchise, and are governed on the basis of certain fundamental rules such as a constitution.
Federalism is a form of government that involves the division of powers between two or more levels of government, such as between the central government and the states or government. Within the context of a broader political entity, federalism makes room for both diversity and the sovereignty of distinct geographic areas. The basic tenets on which the two democratic systems are based are:
The President of the United States serves as the country’s chief executive officer, but in India, the Union Cabinet, which is led by the Prime Minister, is the genuine top executive body.
Both of these nations have written constitutions that guarantee fundamental rights to their citizens and ensure that a republican form of government is in place. Both of these nations adhere to a republican form of government and give their adult citizens the right to vote.
One of the most alarming trends is the erosion of freedom of speech and expression. Recent incidents, such as the raids on the news portal NewsClick and the subsequent arrests of its founder and Editor-in-Chief, have raised serious questions about the state of journalism in India. The police action, which involved invoking the Unlawful Activities (Prevention) Act, has sent a chilling effect throughout the media fraternity.
The allegations against NewsClick, accusing the news organization of accessing funds from pro-China elements and undermining India’s internal security, have been vehemently denied. However, the use of a terrorism law against journalists highlights the growing threat to freedom of speech and expression. These actions not only hinder the media’s ability to report truthfully but also undermine the democratic fabric of the country.
In addition to the erosion of freedom of expression, the increasingly precarious position of religious minorities adds to the concerns regarding the Constitution’s identity. Religious violence and demonization have become persistent issues, perpetuating a cycle of fear and discrimination. The Constitution, which guarantees the right to freedom of religion, is being tested as these minority communities face marginalization and violence.
Secularism, a fundamental principle enshrined in the Indian Constitution, is essential for maintaining a harmonious and inclusive society. However, when hate speeches and actions against minorities go unchecked, the secular identity of the nation is undermined. The Constitution’s commitment to protecting the rights of all citizens, regardless of their religious beliefs, must be upheld to preserve its democratic essence.
Given the challenges to the Constitution’s identity, the role of the judiciary becomes crucial in protecting democracy. The question of the extent of a court’s reach in a democratic system has long been debated. While the judiciary is unelected, it has a responsibility to safeguard the democratic process and ensure the integrity of the system.
Legal scholars, such as John Hart Ely, argue that the courts should focus on protecting the processes that sustain democracy. While decisions on societal rules and values are primarily left to the elected representatives, the courts have an obligation to ensure the fairness and integrity of the democratic process. By doing so, they safeguard the legitimacy of the representative body and prevent the erosion of democratic conditions.
Despite the fact that the political systems of the United States and India are comparable in a number of ways, each is the product of its own particular past, socio-economic environment, and distinct political culture. Nevertheless, they should work together on a variety of fronts in order to offer mankind, which is currently confronted with a number of difficulties, a glimmer of hope.
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