Echoes of Tyranny in Democracies

1. Preventive Detention Laws

1. Examples:
   1. National Security Act (NSA)
   2. Unlawful Activities (Prevention) Act (UAPA)
2. Misuse:
   1. Used to detain individuals without trial for long periods.
   2. Frequently invoked against journalists, activists, and protesters without sufficient evidence.

2. Constitutional Amendments

1. Article 368 (Amendment of the Constitution)
2. Misuse:
   1. Can be used to alter the basic structure if not checked, such as weakening the independence of institutions.
   2. Past example: 42nd Amendment during the Emergency weakened judicial review and strengthened executive control.

3. Ordinance-Making Powers

1. Article 123 (President) and Article 213 (Governor)
2. Misuse:
   1. Ordinances bypass Parliament/Legislature, often used for political convenience or to avoid debate.

5. Internet Shutdowns and Surveillance Laws

1. Laws Involved:
   1. Information Technology Act
   2. Indian Telegraph Act
2. Misuse:
   1. Arbitrary internet bans to prevent protests.
   2. Surveillance without adequate checks threatens privacy and freedom of expression.

6. Anti-Defection Law (Tenth Schedule)

1. Misuse:
   1. Intended to curb political defections but is often used to pressure or disqualify dissenting legislators.

7. Contempt of Court Law

1. Misuse:
   1. Sometimes invoked to stifle fair criticism of judicial functioning.

8. Emergency Provisions

1. Articles 352, 356, 360
2. Misuse:
   1. Article 356 (President’s Rule) has historically been misused to dismiss state governments on political grounds.

What is Democracy?

Democracy is a system of government in which power is vested in the people. It allows citizens to participate in political decision-making, either directly or through elected representatives.

Features of Democracy

1. Popular Sovereignty: Power ultimately lies with the people.
2. Free and Fair Elections: Regular elections ensure people can choose their representatives.
3. Rule of Law: All individuals, including leaders, are subject to the law.
4. Separation of Powers: Division of government into legislature, executive, and judiciary.
5. Fundamental Rights: Citizens enjoy rights like freedom of speech, religion, and equality.
6. Independent Judiciary: Courts function without interference to uphold justice.
7. Political Pluralism: Multiple political parties and ideologies are allowed.
8. Accountability and Transparency: Elected leaders are answerable to the public and institutions must function openly.

How the Indian Constitution is Democratic

1. Preamble: Declares India to be a Sovereign, Socialist, Secular, Democratic, Republic, clearly asserting democratic ideals.
2. Universal Adult Franchise: Every citizen above 18 has the right to vote, ensuring equal political participation.
3. Parliamentary System: Elected representatives form the government, making it answerable to the legislature and people.
4. Fundamental Rights (Part III): Protects individual freedoms and equality before law, essential for democracy.
5. Independent Judiciary: Ensures rule of law and constitutional supremacy, and acts as guardian of rights.
6. Federal Structure: Division of powers between Centre and States allows for decentralized governance.
7. Elections Commission: An autonomous body conducts free and fair elections.
8. Right to Constitutional Remedies (Article 32): Empowers citizens to approach the Supreme Court to enforce their rights.

Q. Democracy can be undermined not just by force, but through the misuse of legal and institutional frameworks. In this context, examine the role of the judiciary, civil society, and legislature in safeguarding democratic values. (250 words)

Q. Which of the following are essential features of a constitutional democracy?

1. Separation of powers
2. Periodic elections
3. Judicial independence
4. Rule by ordinances
5. Protection of fundamental rights

Select the correct answer using the code below:
a. 1, 2 and 3 only
b. 1, 2, 3 and 5 only
c. 2, 3 and 4 only
d. 1, 2, 4 and 5 only

Answer: b

Explanation:

Statement 1 is correct: Separation of powers is a key principle. A constitutional democracy distributes power among the legislature, executive, and judiciary to avoid concentration of authority. Each branch acts as a check on the others, ensuring accountability and balance in governance.

Statement 2 is correct: Periodic elections are fundamental to democracy. Regular, free, and fair elections allow citizens to choose their representatives and hold them accountable. This ensures that the government remains representative and responsive to the people.

Statement 3 is correct: Judicial independence is essential. An impartial and independent judiciary ensures that laws are fairly interpreted and enforced, and that fundamental rights are protected, even against the actions of the government.

Statement 4 is incorrect: Rule by ordinances is an exception, not a feature. Ordinances are temporary laws made by the executive without legislative approval, intended for emergencies. Frequent or unjustified use bypasses democratic processes and undermines parliamentary authority.

Statement 5 is correct: Protection of rights is vital in a constitutional democracy. Fundamental rights such as freedom of speech, equality, and personal liberty are essential for individual dignity and democratic participation. Their protection ensures the government operates within constitutional limits.