Relevance: GS-2: Indian Constitution and polity: features, evolution, historical underpinnings, constitutional democracy

Key Phrases: Constitutional democracy, Parliamentary Democracy, Evolution of Indian Democracy, Challenges of Indian Democracy, Progress of Indian Democracy,

Context:

• As the Indian State celebrates its 75 years of Independence there are discussions and debates alike across various segments of the intelligentsia, academia, and institutions about the state of constitutional, legal provisions, constitutional democracy, and role of various organs of state polity.

Background:

• Since the commencement of the Constitution on 26th JAN 1950, doubts were cast on survival of democracy in India by many scholars and critics.
• Many were sceptical because only a few countries outside Trans-Atlantic embraced Parliamentary democracy successfully which was largely due to external factors and a naive country like India was going for it against all odds, but on its own terms.

Challenges before a newly setup Democracy:

• The immediate challenges before constitutional democracy in India were:
  • Make itself acceptable across its social divide and integrate all the strata of the society into a national fold.
  • Accommodate its large diversity within the fold of parliamentary democracy.
  • Extending equal citizenship in a society that was ridden by inequality while at the same time ensuring steady economic progress.
  • Integrating and making democracy work in state machinery which was invaded by colonial practices of authoritarianism.
  • Informing democracy and linking it with India’s rich past.
  • Rehabilitation of refugees and those who were victims of partition and events thereon
  • Reimagining India afresh by rebuilding institutions from scratch beyond colonial legacy and the travails of Partition.

The Indian Democracy : Core Principles

• The establishment of a democratic setup acceptable to all sections of the society based on the deliberations of the Constituent Assembly and public discourse of the freedom movement is the core of Indian Democracy which has the following features:
  • Equal citizenship and universal adult franchise with periodic elections.
  • Autonomy to Adivasi habitats by special provisions of scheduled areas.
  • Parliamentary democracy and federal distribution of powers.
  • The executive being responsive to the popularly elected House of the legislature at each level.
  • An independent and integrated judiciary entrusted with arbitration over competing federal claims.
  • The President is elected by both Houses of Parliament and State Assemblies putting states on equality.
  • Governors appointed by the Union government which keeps a check on states.
  • The Upper House of Parliament representing the States were to be the gatekeepers of the unity of the federation.
  • The Constitution Provides Fundamental rights, minority rights and preferential measures to disadvantaged groups.
  • The state was directed to fulfil a set of positive obligations (DPSP).
  • An independent Election Commission to ensure free and fair elections.

Evolution of Indian Democracy and its impact:

• Indian Democracy has evolved over the years and many political and judicial initiatives have contributed to evolving this democratic setup.
• It has impacted India's democratic credentials in both positive and negative ways as mentioned:

Initiatives that strengthened the democratic character Providing reservation in education and public employment to the backward classes/underprivileged. Reorganization and expansions of federal units to fulfil aspirations of local people. Curbing misuse of Emergency powers Doctrine of Basic Structure of constitution. Existence of many Social security schemes for the poor and vulnerable. Decentralization of power to local bodies through 73rd, 74th constitutional amendment PESA act in scheduled areas Land reforms in various states Survival of Coalition Governments at both Union and state levels Existence of multi-party system Shift from a state-controlled Economy to a Liberalized and Globalized economy.

Initiatives that have diluted the democratic character Ineffectiveness of Anti-defection law Criminalisation of Politics Parliament and State legislature have not been effective in checking the executive at times and lacked autonomy. Lack of accountability in various constitutional and statutory bodies. Under representation of women in legislature and judiciary. Increased cases of disputes among states and frequent confrontations between state and union governments. Instances of electoral malpractices. Frequent interference of judiciary in executive domain.

Indian Democracy : Flaws and Challenges in present times

• Pluralism in the society and the associated challenge of binding diverse doctrines, beliefs, languages and ways of life into a single Indian character is not easy and aggravated by unequal access to resources, opportunities and freedoms.
• Increasing inequality and economic divide among the poorest and the richest sections of society. Even various social security schemes have been unable to bridge the gap and reduce inequality.
• The deplorable state of public accountability and oversight and public corruption is its manifestation. This is worsened by weakening the frame of law and caste, and community-based politics.
• The diluted credentials of the welfare state due to thriving corporates, monetisation of public assets, and thriving partisans’ interests which have evaded almost all the institutions.
• Increased polarization in the society and manifestation of India’s past on various lines by various political and non-political stakeholders.

Way Forward:

• Independent Secretariat of Election Commission of India: In April 2018 ECI has requested for a constitutional amendment for greater autonomy and rule-making powers. The Secretariat would be able to discharge its functions in the most efficient manner.
• Permanent Expulsion of the Candidates if found Guilty of Corrupt Practices under the Representative of Peoples Act, 1951.
• Strict Surveillance on the Sources of Fund for Election Campaigns and limited bar on Corporate Funding.
• The Government should hear criticism rather than reject it out rightly. Suggestions on eroding democratic values need a thoughtful, and respectful response.
• The press and Judiciary are considered the pillars of India’s democracy, required to be independent of any executive interference.
• The citizens need to be vigilant and dutiful towards their rights and duties equally.
• More emphasis on substantive democracy than a procedural one.
• Ignorance of citizens is the most prominent black hole of democracy and the real safeguard of democracy, therefore, is education.
• Thus the need of the hour is that the citizens of the country take immediate and aware steps in ensuring and protecting the constitutional character of Indian polity and to fix the accountability of various stakeholders.
• At the same time judiciary and constitutional bodies should exercise their authority to enhance the Democratic character and protect it from eroding.
• Only then will we realize the dream of our founding fathers and the choice they made and that would be the true AMRIT KAAL of our polity.

Source: The Hindu  

Mains Question:

Q. Despite facing adverse challenges Indian Democracy has survived and thrived in last 7 decades, Discuss. Also suggest ways to strengthen India’s democratic character. (250 words).