Kadilin Gangmei
Tetso College
India is regarded as the largest democratic country in the world since her independence from British colonial empire in 1947. She had adopted a Parliamentary government and became a Republic State on 26 January 1950 when her new Constitution came into force.
Abraham Lincoln, the 16th US president defined democracy, “the government of the people, by the people, and for the people.” In a democratic state the rulers are elected by the people in which the former represent the later in both the Houses of Parliament and State Assembly.
The extent to which democratic ideas are properly upheld or applied in India is a contentious issue. The topic of whether India is truly governed by the people has been around since the BJP came to power in 2019. The examples and information provided below will assist in addressing the question and illuminating whether India is a truly democratic nation.
Firstly, as per Article 355 of the Indian Constitution, the Union is authorised to safeguard the province states from both internal disturbances and external invasion. In the early 1980s and late1990s Article 355 is imposed in states like Assam, Punjab, Jammu and Kashmir, Nagaland, Arunachal Pradesh to address insurgency, internal conflict, agitation, political crisis, etc.
But in recent year 2023, the said Article was not imposed when communal violence broke out between Meitei and Kuki on May 3. The central government failed and till date despite various appeals and petition from two opposing communities, the Union remained alienated form the hearts of the people of Manipur.
Also, one of the fundamental tenets of democracy is the representative's responsibility to ensure the welfare of the people. But, in India, grave practices of corruption by the higher officials such as MLAs, Ministers undermine the principle of democracy. Devouring the scholarship fund, meant for the students by the state’s officials contribute to the declining reputation of India’s democracy.
The National Scholarship Portal (NSP) provides scholarship at the rate of Rs.15,000/- for the students of Undergraduate (UG) and Postgraduate (PG).However, Nagaland students are victims of scholarship misuse by higher officials or by those with access to the funds. Because they receive no more than 11,000 total from the first and second instalments, which are worth $5,500 each.
In addition, "Freedom of Speech and Expression" is guaranteed to citizens by Article 19 (1) (A) of the Constitution. The government needs to give the people's voice some weight. Things like the BJP leaders' attacks on Indian journalist Nikhil Wagle after the latter criticised Prime Minister Modi and BJP icon L.K. Advani. Likewise, Sanjay Kanera, a photojournalist, was attacked during the altercation between residents and police in Haldwani Banbhoolpura following the demolition of a madrasa and a mosque on February 8. Such incidents caused India's freedom of speech to plunge into a dangerous abyss.
Furthermore, silencing of MP Mahua Moita from the Lok Sabha further indicates that the essence of India’s democracy is growing thin. In India, the people choose their representatives, who then represent the former in Parliament, airing their grievances, demands, and desires for the advancement of their states. Thus, when Moita was silenced, the people of Krishnanagar, West Bengal were also silenced.
Moreover, when PM Modi inaugurated the new Parliament buildings on 28 May, 2023, he installed ‘Sengol’ in the Lok Sabha chamber near the Speaker’s chair.Sengol translates to "Raja ka Danda" or "Raj-Dand.” In our democratic nation, it is inappropriate to observe sengol installed in the new Parliament building. It is a complete mockery to the Indian Constitution which was long adopted on 26 November, 1949. India has gone through the king era and now is run by a ‘Written Constitution.’The Constitution serves as a symbol of India's democracy. Is the BJP government endorsing a monarchical system that further belittles and disregards the fundamental principles of democracy?
Additionally, the three new criminal laws, namely; the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam, which came into effect on 1 July, 2024 are draconian in their implementation and also challenged the principle of democracy. These laws were passed in December 2023, at a time when 144 opposition members from both the Houses were suspended. The said laws were passed within minutes without any discussion on them. They were sent to the Parliamentary Standing Committee, but dissenting voices were not considered.
The BNS's Section 152 addresses "Act endangering Sovereignty, Unity and Integrity of India." This law makes it illegal to discriminate against nationals in any way. According to the law, it is an affront to India's sovereignty and integrity for any citizen to say or do anything that contradicts the government line. The "Freedom of Speech and Expression" is directly impacted by this statute. It has an immediate effect on the right to dissent as well.
According to Section 173 (3) of the BNSS, the registration of FIRs is discretionary for an offence where the punishment ranges from 3-7 years. This disproportionately harms marginalised groups, who may be unable to get even FIRs registered. It is up to the Station House Officer (SHO), to decide whether to file FIR or not. This gives the SHO significant authority in these cases, making the ultimate decision maker.
The new laws introduce arbitrary detention and abuse of power. They bring big changes and also worries about custody and bail. Section 187 (3) of the BNSS allows police ask for custody up to 15 days at any time during 60-90 days period, even if the accused qualifies for bail. This could lead to longer detention and possible misuse of power.
In conclusion, though India is known as the world’s largest democratic nation, the above events and legislative actions elevate significant doubts whether she truly embraces the principles of a democracy “of the people, by the people, and for the people.” India, the most democratic nation, is merely a democracy in name; its true nature is veiled and difficult to perceive. Will India become a state in which the police have the upper authority over the mere citizens as a result of these new criminal legislations? All these developments question the very spirit of India’s democracy whether or not the will and welfare of the citizens are in first place to be heard in the governance.
