A republic is a form of government, wherein power is held by the people and their elected representatives. The head of state is not a monarch, but an elected official. In a republic, the citizens govern the state through representatives. In India it consists of a president as head of state; an executive headed by the prime minister; a legislature consisting of a parliament with an upper and lower house (Rajya Sabha and Lok Sabha); and a judiciary with a supreme court at its head.
India, the world’s largest democracy, has navigated a complex political landscape since gaining Independence in 1947. Rooted in the principles of a republic, the Indian political system emphasizes elected representation and a commitment to secularism. However, the country faces a myriad of challenges that have put its democratic ideals to the test. Visibly, there are three manifestations of India’s new constitutionalism – the “ethnic state,” the “absolute state,” and the “opaque state.” These distinct, yet overlapping faces of the Indian state have undermined the rule of law, equal citizenship, checks and balances, and democratic accountability.
Recently, prominent international organizations have downgraded India’s democratic status, indicating a worrisome trend. Freedom House, a US-based non-profit organisation, shifted India from a free democracy to a “partially free democracy” in its annual report on global political rights and liberties. Similarly, the V-Dem Institute, based in Sweden, went further, classifying India as an “electoral autocracy.” Additionally, The Economist Intelligence Unit’s Democracy Index revealed a slip in India’s ranking to 53rd place, labelling it a “flawed democracy.”
These downgrades are attributed to the leadership of Prime Minister Narendra Modi and his Hindu nationalist BJP government. Critics argue that under Modi’s tenure, there has been a surge in pressure on human rights groups, intimidation of journalists and activists, and a rise in attacks on religious minorities, particularly against Muslims. The consequences of these actions have been a decline in political and civil liberties in the country.
Freedom House highlights a deterioration in civil liberties since BJP assumed power in 2014, cautioning that India’s descent from the upper echelons of free nations could have global repercussions on democratic standards. Since BJP’s second term began in 2019, the government has pursued policies that undermine India’s democratic fabric. Allegations include the misuse of existing legislation to stifle dissent, manipulation of investigative agencies for politically motivated charges, and the establishment of detention centres targeting those unable to prove their citizenship, with a disproportionate impact on Muslims.
Dissenting voices are being stifled through the incarceration of whistleblowers and members of civil society on grave charges, utilizing draconian laws such as UAPA. Various individuals, including members of opposition political parties, are facing harassment from agencies like ED. A disturbing trend has emerged wherein those who speak out against the government find their homes bulldozed.
The landslide victory of the ruling BJP in the last national elections expedited this democratic decline. With a robust parliamentary majority, the BJP government enacted legislation that raised doubts about its commitment to democratic principles. The decision to revoke Jammu & Kashmir’s special status in August 2019 bypassed constitutional procedures, and the Citizenship Amendment Act passed in December 2019 provided relief to religious minorities from neighbouring countries while discriminately excluding Muslims.
Furthermore, the government’s use of the amended Unlawful Activities (Prevention) Act, which allows the state to label an individual as a terrorist without presenting supporting evidence, has raised concerns. The premier investigating agencies, such as the Central Bureau of Investigation and the Directorate of Enforcement, are involved in settling political scores. Recently several laws have been passed by the parliament without any or inadequate discussion, with suspending more than a hundred members. In the wake of these developments, the state of Indian democracy appears to be in a precipitous decline.
In India, judges for the Supreme Court and high courts are appointed through a mechanism that involves both sitting judges and government officials. A group of senior judges, known as the collegium, puts up candidates’ names to the Law and Justice Ministry, and these names are approved if they clear security checks. This ensures that the government plays a minimal role in judges’ selection and is involved only at the concluding stage. Now the government is trying to be the final decision-maker in the appointment of judges.
While almost every constitutional office in the country has been compromised in the past few years, it was the Supreme Court that gave hope to the common Indian that justice could prevail in the most turbulent times. Now the integrity of our judges and the character of the Indian judiciary has been called into question at a moment when we’re heading down an increasingly authoritarian path. The highest court in the land is meant to preserve and enforce the integrity of the Indian Constitution. India’s vibrant democracy rests on its shoulders. Judges are being rewarded for their judgements in favour of the government soon after their retirement. There are judges who have been transferred or suspended after their decrees against those in power. One cannot overlook the fate of Judge B.H. Loya, who was presiding over the CBI court in the Sohrabuddin Sheikh fake encounter case.
Justice PS Narasimha, Judge of the Supreme Court of India, stated during a public lecture, “Independence of the judiciary is essential for democracy. It needs to be seen how the independence of the judiciary and the concept of democracy are interconnected through constitutionalism and the rule of law. They are both dependent on each other through the concept of separation of powers.” This very concept of the separation of powers is being blurred and a lust for power is what dominates now.
While the Constitution is secular in character, meaning it forbids the persecution of individuals based on their religious beliefs, it does not explicitly establish a complete separation of church and state as seen in the United States Constitution. In Indian politics, religion plays a significant role, where the politicians are seen actively seeking votes through appeals to caste or religious affiliations.
One of the persistent challenges to Indian democracy has been the call by communal, self-styled nationalists, for the country to be redefined as the homeland of a particular religion. The Bhartiya Janata Party represents this movement, advocating for Hindutva – an ideology that envisions India as the homeland for Hindus. This has fueled religious tensions, with increased scrutiny of religious minorities, particularly Muslims.
Another significant hurdle confronting democracy in India is its inability to achieve the consistent economic progress witnessed by neighbouring countries like China over the past four decades. Additionally, it has struggled to eradicate extreme poverty. A considerable number of young Indians, especially in economically disadvantaged and populous states like Uttar Pradesh, continue to find themselves relegated to low-wage, low-skilled employment. This situation contributes to the emergence of a substantial population of impoverished and disenchanted voters.
The BJP’s endeavour to reshape India has led to a heightened polarization of political discourse, coupled with a slowing down in economic growth. This transformation has not only weakened trust in India’s institutions but has also eroded fundamental democratic principles such as the rule of law.
The already fragile trust in the legal system is exacerbated by its dysfunctionality, resulting in the prolonged detention of individuals awaiting trial for activities that include peaceful protest, which is their constitutional right. A number of youths are serving jail terms for crimes they have not committed and they are still under trial after several years. Additionally, Amnesty International has documented multiple instances of excessive force employed by India’s police and security forces, further contributing to the erosion of trust in the country’s commitment to human rights and lawful governance.
Despite being a mid-range performer in the Global State of Democracy Report 2021, India grapples with economic disparities and the persistence of extreme poverty. The lack of sustained economic development, particularly in populous states like Uttar Pradesh, has led to a large population of disenchanted and impoverished voters. This disenchantment has been exploited by political figures, leading to a polarized political discourse and eroding trust in democratic foundations.
The decline in democratic standards has become more pronounced since 2014, as seen in the downgrading of India from a free democracy to a ‘partially free democracy’ by Freedom House. The erosion of civil liberties, attacks on human rights groups, and intimidation of journalists have raised concerns about the health of Indian democracy. Furthermore, the increasing concentration of power in the executive branch and the influence of money in politics have further strained democratic institutions.
The trajectory of Indian democracy has faced numerous twists and turns since its inception. From the participative democracy of the 1950s to the dynastic democracy that emerged in subsequent decades, India has witnessed a transformation in its political landscape. The rise of Prime Minister Modi and the BJP marked a return to single-party rule after a period of coalition governments.
As India celebrates its 75th Republic Day, there is an opportunity for reflection and renewal. A healthy democracy requires active citizen participation, transparent institutions, and a commitment to pluralism. Learning from past mistakes, fostering inclusive economic growth, and addressing social inequalities can pave the way for a more vibrant and sustainable democracy.
India’s democracy has weathered storms before, and with a collective commitment to democratic principles, the nation can emerge stronger, more inclusive, and better equipped to navigate the complexities of the 21st century. As India continues its journey, the hope lies in the resilience of its democratic spirit and the determination to build a future where all citizens can thrive and contribute to the country’s progress. The ongoing rise of authoritarianism tends to fall definitely, though it may cause major losses and leave long-lasting scars on the hearts. Tyranny cannot remain forever, history has seen a lot of tyrants and dictators who had to perish ultimately.
So verily, with every difficulty, there is relief. Verily, with every difficulty there is relief. (The Quran: 94:5-6)
[The writer is Assistant Secretary, Jamaat-E-Islami Hind]