20 years of 21st century vis-à-vis the 20th century: Democracy an Supreme Court

Profile of the Author: Sampriti is a 2nd-year law student of BALLB course, WBNUJS, Kolkata

Indian Democracy and the Supreme Court of India

Democracy and Politics

The politics of work, education, equal access to resources like electricity and gender safety, in short, this has been a tone of 21st century. [1]It might be intended only to outline the party’s achievements during the tenure, 21st century also marked a stark end to dynastical politics. The near 60 years rule of Congress in India faded into powerlessness. Started as an umbrella organization, Indian National Congress promoted diverse schools of thoughts and was discouraged by Gandhi to identify itself as political entity. It stood not only as a political party but defined the whole political system of India. Rajani Kothari gave it the term, “Congress System” to define the initial political era. Mahatma Gandhi envisaged India with “mini-republics” in the form of Swarajya or self-governing small units not political parties governed by fragmented ideologies. The importance of Gandhi’s vision of autonomous villages was realized when people hopelessly voted in the name of Congress, disregarding their own senses.

Power corrupts and absolute power corrupts absolutely. The politicians once recognizing the majority they enjoy use the very institution of democracy to kill it. Weaponizing the judiciary, buying off the journalism and promoting pro-government media, finally if need be circumventing the laws through passing the laws in favour[2]. Indira Gandhi’s declared emergency was a paragon of how autocrats subvert democracy. Silencing the voices against the government, the emergency was a tool that enabled the government to demonstrate the power it had, going to an extent to suspend the fundamental rights of citizens as well. During the gradual disappearance of Congress, and the BJP coming into power, have we really learnt our lessons? Though, by bringing other parties into power, the people of India have bolstered the weakening democracy, but have we really changed?

India’s Press Freedom Index ranking has been falling year after year. Ranked 142 out of 170 countries, India offers an uncomfortable past of dying democracy as a lesson.[3] While the legitimacy of amending Article 370 of the Constitution is a subjudice matter, the secretive fashion in which the bill was passed is nostalgic of 20th Century Congress regime. Ramchandra Guha remarked on the manner of the amendment as “handiwork of paradise… not democracy, but authoritarianism.” [4]

The Supreme Court of India

Unprecedented in the history of India, an impeachment motion was filed against former Chief Justice of India, Dipak Misra by the opposition party. This incident happened after four judges publicly criticized the CJI’s misuse of the privileged master of roster.[5] A black day in the history of Indian Judiciary, the Supreme Court had previously with much difficulty gained the reputation and stood the test of time. But turning the pages backwards will return us to the darkest year of Indian Judiciary. In 1973, four judges of Supreme Court resigned after Justice A. N. Ray was appointed as CJI superseding three senior-most judges. Rupturing the Indian Judiciary, which offers the maximum credibility to the Indian public, decays democracy and disrupts the functioning of other institutions. Previously Granville Austin had commented on Indira’s attempt of packing the court with judges looking forward to the tails of government, “by attempting to make the court obedient to her governance, she was unbalancing the power equation among the three branches of the government and distorting the seamless web”[6]

It is not only necessary that executive and judiciary remain independent and untouched from each other, but judiciary maintains the confidence in the eyes of the public. The basic structure doctrine due to which the Indian Constitution is still running is tantamount to the landmark judgement on the rights LGBTQ, where the Supreme Court has not hesitated to fight against the strong forces and guide the befogged minds of the society.

Edmund Burke said, “Those who don’t know history are destined to repeat it.” The unbalance ensued in the dark past must guide us towards light and development. We need the four pillars of democracy working in harmony. To fix the dent, we need a balance between democracy and Judiocracy.

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FAQs:

Q1. When was India’s first election held?

A1. The first assembly was the constituent assembly. The first election was held in 1951-1952 where the first proper legislative assembly was elected.

Q2. When was the Basic Structure Doctrine Formulated?

A2. In the case of Kesavananda Bharti Vs. State of Kerala, the Supreme Court of India coined the term “Basic Structure”. The court said while the Parliament enjoys the right to amend any provision, it cannot amend the basic structure.

[1] Aneesha Bedi, ‘Arvind Kejriwal talks of politics of 21st century’ (The Print, 16 February 2020) <https://theprint.in/politics/arvind-kejriwal-talks-of-politics-of-21st-century-india-as-he-takes-charge-of-delhi-again/366317/> accessed 17 July 2020

[2] Steven Levitsky, ‘This is how democracy dies’ (The Guardian, 21 January 2018) <https://www.theguardian.com/us-news/commentisfree/2018/jan/21/this-is-how-democracies-die> accessed 17 July 2020

[3] Fiza Jha, ‘Pressure to toe Hindutva lien sees India drop to 142 on World Press Freedom Index’ (The Print, 21 April 2020) <https://theprint.in/india/pressure-to-toe-hindutva-line-sees-india-drop-to-142-on-world-press-freedom-index/406123/> accessed 17 July 2020

[4] Shivam Vij, ‘No Debate, No Dissent, No Discussion and the Constitution is changed’<https://theprint.in/opinion/no-debate-no-discussion-no-dissent-and-the-constitution-is-changed/272436/> accessed 17 July 2020

[5] Ashok Bagriya, ‘Turmoil in SC as four judges speaks out against CJI’ (Hindustan Times, 12 January 2018) <https://www.hindustantimes.com/india-news/4-senior-supreme-court-judges-speak-out-against-cji-dipak-misra-say-need-to-preserve-institution-for-survival-of-democracy/story-UqaLGhs4iCbyk4zckVmMbM.html> accessed 17 July 2020

[6] Anmol Jain, ‘Strong Executive, Weak Courts: Collapsing edifice of judicial independence’ (The Leaflet, 10 October 2019) <https://theleaflet.in/strong-executive-weak-courts-collapsing-edifice-of-judicial-independence-opinion-supreme-court-of-india/> accessed 17 July 2020

Picture Credits- Soumyadip Sinha, Indian Express