Democracy Restored?

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Have the 2024 elections restored the democratic balance in India? Off and on fears were expressed that the Indian Constitution would be abolished and replaced with theocracy. Some believed India was becoming an autocracy. Let’s understand the differences between the three forms of governance before responding to these concerns.

Comparative Analysis of Liberal Democracy, Autocracy, and Theocracy

Global governance systems vary in principles, structures, and implications for freedoms. Liberal democracy, autocracy, and theocracy exemplify these governance differences. Understanding these differences is crucial for appreciating governance’s impact on societal norms, citizen engagement, and individual rights.

Liberal Democracy

Governance Structure 

Liberal democracy has a governance structure with power distributed among different branches of government. The structure maintains a balanced and fair governance. Government legitimacy and accountability rely on free and fair elections. For example, the US functions as a liberal democracy with powers divided among the President, the Congress, and the Supreme Court. Citizens choose their representatives through elections, which ensures the government’s accountability.

Rule of Law

The rule of law is crucial in a liberal democracy. Laws apply equally to all individuals and institutions, and an independent judiciary protects individual rights. Legal standards are the same for everyone, regardless of their status. For instance, in Germany, the Federal Constitutional Court ensures compliance with the Constitution, protecting individual rights and the integrity of the legal system.

Individual Rights and Freedoms

Liberal democracies protect civil liberties, such as freedom of speech, assembly, religion, and the press. Legal frameworks safeguard against arbitrary arrest, detention, and persecution, upholding personal freedoms. Sweden showcases commitment to individual rights through legal protections and emphasis on human rights, freedom of expression, and press freedom.

Political Pluralism

Liberal democracies feature political pluralism with multiple parties and interest groups. Diversity promotes citizen participation and encourages diverse viewpoints. The UK’s parliamentary system demonstrates political pluralism and encourages diverse political views and democratic dialogue.

Accountability and Transparency

Liberal democracies have accountable and transparent governments. Transparency in reporting and investigating corruption is necessary for holding public officials accountable. Canada’s Access to Information Act promotes government transparency and accountability by allowing citizens to request information on government activities.

Civil Society and Media

In a liberal democracy, a free and independent media and active civil society are essential. These entities monitor government actions, inform the public, and advocate for social issues. This is a prominent feature of most liberal democracies.

Autocracy

Governance Structure

Autocracies concentrate power in a single leader or small group. Genuine democratic participation is hampered by non-existent or heavily controlled elections. North Korea, led by Kim Jong-un, is an autocracy with centralised power and sham elections.

Rule of Law

Autocratic regimes rule by arbitrary decrees. The judiciary lacks independence. It has no choice but to serve the ruling power’s interests. Russia, led by Putin, lacks judicial independence and applies laws arbitrarily, especially against political opponents and dissenters.

Individual Rights and Freedoms

Autocracies severely limit individual rights and freedoms. Censorship, surveillance, and repression of dissent are widespread. The state control is extensive. China’s strict control of the internet, media, and dissent showcases these autocratic features.

Political Pluralism

Autocracies have little to no political pluralism. Opposition parties and dissenting voices are suppressed to maintain an unchallenged ruling party or leader. Political pluralism is absent in North Korea and dissent is punished with extreme harshness.

Accountability and Transparency

Autocratic leaders lack accountability and unchecked power. Government operations lack transparency. Belarus under Lukashenko lacks accountability and transparency, often suppressing opposition and independent media.

Civil Society and Media

Autocracies typically have state-controlled or heavily regulated media. The state restricts civil society organisations, limiting their independence. Eritrea, known as the “North Korea of Africa,” tightly controls its media and civil society, limiting independent journalism and civil activism.

Theocracy

Governance Structure

Theocracies are ruled by religious leaders and have laws influenced by religious doctrines. Political authority comes from religious texts or divine mandates. Iran’s governance structure is theocratic, with religious authorities having significant power.

Rule of Law

Theocracies base laws on religious texts or interpretations. Judicial systems blend religious and state law. The courts are presided over by clerics or their appointees. Saudi Arabia follows a strict interpretation of sharia. The legal system is heavily influenced by religious principles, and sharia courts handle various matters.

Individual Rights and Freedoms

Theocracies restrict religious diversity and secular perspectives. Rights depend on following the state religion. Religious minorities and dissenters in Iran face discrimination and restrictions, based on Islamic principles. In Pakistan, too, religious minorities and non-Sunni sects face discrimination.

Political Pluralism

Political power in theocracies favours the adherents of state religion. Vatican City’s political landscape is closely connected to the Catholic Church, reflecting religious hierarchies. Its governance mirrors the Catholic Church hierarchy. The Pope is its Head of State and the highest authority. The Curia, the governing body, comprises various departments. It assists the Pope in administering the Holy See and the Vatican's limited territory. Its political fabric is woven with Catholic doctrine and traditions.

Accountability and Transparency

In theocratic systems, leadership is beholden to religious edicts and theological precepts rather than serving at the will of the populace. Governmental transparency and openness are constrained by religious doctrine and theocratic modes of governance. The Kingdom of Saudi Arabia exemplifies this dynamic, where mechanisms for holding leaders accountable primarily exist within the insular realm of the religious-political elite class.

Civil Society and Media

Theocracies regulate media to uphold religious values. Civil society groups must adhere to religious norms or risk facing restrictions. Iran strictly monitors and regulates the media and civil society to align with Islamic values, restricting independent civil activity.

Conclusion

Clearly, liberal democracies value checks and balances, individual freedoms, and political pluralism, while autocracies and theocracies give priority to centralised power and limited freedoms. Recognising the impact of governance on human rights, political participation, and societal development is crucial.

Has democracy in India been derailed in the past decade?

India's democracy has withstood the test of time. At its core lies the regular conduct of free and fair elections, a hallmark of any thriving democracy. The nation's electoral process has consistently witnessed robust voter turnout, reflecting active citizen participation in shaping the country's political landscape. The 2024 general elections, for instance, saw a turnout of around 65%, underscoring the electorate's unwavering engagement with the democratic process.

However, the controversy surrounding electoral bonds has highlighted the need for a genuinely transparent political funding system, ensuring that the integrity of the electoral process remains uncompromised. 

Beyond the electoral arena, India boasts a vibrant civil society, with active non-governmental organizations (NGOs) and advocacy groups playing a crucial role in holding the government accountable. Organizations like PRS Legislative Research continue to provide detailed analyses of parliamentary activities, fostering informed public discourse and promoting transparency in governance. The Association for Democratic Reforms works on protecting Indian citizens’ rights while actively fighting for reforms in various institutions of governance.

Furthermore, the judiciary has demonstrated its commitment to protecting constitutional rights through public interest litigations (PILs). The Supreme Court's proactive involvement in issues such as vaccine distribution and the migrant worker crisis during the pandemic exemplifies the judiciary's willingness to exercise judicial activism when necessary.

India’s federal structure ensures that multiple political ideologies and governance models coexist, providing a check on the central authority. This pluralistic political environment fosters healthy competition and collaboration, ultimately benefiting the citizens. Actually, India’s federal polity facilitates pushback against the Centre’s overreach. States can challenge central policies and assert their Constitutional autonomy.

India has witnessed numerous economic and social reforms aimed at enhancing the well-being of its citizens. Welfare programs have been implemented to promote social equity and development. The increased internet access have empowered citizens with better access to information and services, promoting transparency in governance. The Aadhaar system, a unique identification initiative, has facilitated direct benefit transfers, streamlining the delivery of government services.

However, certain recent trends have worried the thinking people.

1. Erosion of Civil Liberties

Freedom of Expression: There have been many instances of crackdowns on dissent in India. Journalists, activists, and citizens are intimidated for criticising the government. Laws like sedition and the UAPA are used to silence dissenting voices. The arrest of student leader Umar Khalid under UAPA and the detention of journalists such as Siddique Kappan highlight these concerns.

Press Freedom: India’s ranking in the World Press Freedom Index has declined over the years, indicating growing concerns about media freedom. Instances of self-censorship among journalists are rising because of fear of retribution. Raids on media outlets like Newslaundry are seen as press intimidation.

2. Judicial Independence Under Threat

Politicisation of Judiciary: Concerns about judicial independence in India are rising. There are allegations of the Executive interfering with the appointments and working of judges. These concerns have been intensified by the handling of high-stakes cases, like the Ayodhya dispute verdict. The perceived lack of impartiality in politically sensitive cases raises doubts about the judiciary’s commitment to fairness and neutrality.

Delay in Justice: India’s judicial system faces a major challenge. The backlog of cases and slow legal proceedings undermine the rule of law and equal access to justice. Interminable delays in the judicial process erode public confidence and deny timely justice to those seeking legal recourse. Here too, the influential are able to jump the queue.

3. Political Polarisation and Majoritarianism

Communal Tensions: Communal tensions and violence against minorities have increased. Society became more divided because of policies and rhetoric favouring the majority community. Lynchings and riots in Delhi in 2020 highlight growing intolerance. Although the violence has subsided, the threat remains.

Erosion of Secularism: 

Controversy arises from policies undermining India’s secular nature. The CAA, granting citizenship based on religion, has sparked protests and criticism for undermining secular principles.

4. Weakening of Democratic Institutions

Parliamentary Functioning: Parliamentary procedures have been bypassed, and debates have been curtailed. Legislation like the farm laws and Article 370 abrogation were passed with limited scrutiny, raising concerns about parliamentary democracy erosion.

Election Commission Independence: Concerns have been raised about the Election Commission’s impartiality and effectiveness in handling electoral violations and ensuring fair elections. Allegations of electoral malpractices and leniency towards ruling party violations have damaged the Commission’s credibility.

Civil Liberties

Activists, journalists, and students have been arrested for dissent. Some stand-up comedians were arrested or harassed for targeting the establishment in their shows. This raises concerns about shrinking spaces for free speech, essential for a healthy democracy. Hate crimes against minorities have worsened societal divisions. 

Abridged Parliamentary Debates

There have been claims that India's Parliament has engaged in hurried and expedited deliberations when passing significant pieces of legislation. Frequent disruptions, protests, and an absence of thorough debates have potentially undermined the democratic functioning and integrity of the parliamentary process.

Conclusion

Although there are concerns about India’s democracy, its institutional framework and diversity of voices present a strong bulwark against derailment. While the recent elections have reaffirmed the resilience and vibrance of India’s democratic structures and processes, preserving India’s democracy requires vigilance, independence, and respect.