India's Democratic Decline: The Judiciary and Governance Under Siege

 

India's Democratic Decline: The Judiciary and Governance Under Siege

In recent years, the state of democracy in India has come under intense scrutiny, with particular concern about the integrity of democratic institutions, especially the judiciary. Allegations that these bodies have surrendered to the whims of the elected government are mounting, and this perceived erosion of democratic principles is deeply troubling. The Supreme Court, once the pillar of justice and the guardian of the Indian Constitution, has increasingly been criticized for its perceived failures, raising critical questions about the future of governance and justice in the country.

The Supreme Court has been accused of doing little more than offering lip service on crucial issues. For instance, when opposition parties raised concerns about the potential for vote manipulation through electronic voting machines (EVMs), the Supreme Court delayed hearings until there was no time to take meaningful action, effectively avoiding the issue. This inaction left the impression that the judiciary was either unwilling or unable to confront challenges that could undermine the democratic process.

The handling of Arvind Kejriwal’s case has further exposed the judiciary's shortcomings. When Kejriwal was granted bail by the lower court, the Supreme Court prioritized the politically influenced decision of the High Court, despite knowing that the ruling was likely compromised. This move suggested that the Supreme Court was more concerned with appeasing political powers than upholding justice. Moreover, when the Supreme Court granted bail in the Enforcement Directorate (ED) case, it inexplicably allowed the Central Bureau of Investigation (CBI) to override its decision, effectively acting as if it had no power to enforce its rulings. This abdication of responsibility has made the Supreme Court appear weak and ineffective, raising serious concerns about the judiciary's independence and integrity.

One of the most glaring examples of this perceived failure is the prolonged detention of Arvind Kejriwal. The Supreme Court initially granted the government an extension until August 23rd to file their reply to Kejriwal's bail application. However, when the government failed to provide a reply, instead of acting decisively, the Court granted an additional extension until September 5th. This delay is seen by many as a complete travesty of justice. The Chief Justice has stated that bail is a right and jail is an exception, yet Kejriwal remains incarcerated. This situation highlights how far the justice system has fallen, with the Supreme Court seemingly bending to the will of a corrupt government. The unjustified delay has led to widespread accusations that the judiciary is either compromised or lacking the necessary qualifications to execute the law effectively.

Beyond the judiciary, there is a growing perception that various government departments have similarly surrendered to the executive branch's authority, often at the expense of upholding constitutional values. This trend has sparked fears that the essential checks and balances required for a functioning democracy are being systematically eroded. Critics argue that certain political figures, despite their questionable qualifications, wield disproportionate influence over government agencies, leading to a culture of submission where the pursuit of justice and the protection of citizens' rights take a backseat to political expediency.

India's multi-party system was designed to prevent any single entity from monopolizing power, ensuring that the government remains accountable to the people. However, the actions of smaller political parties in recent times have cast doubt on their commitment to this principle. Many of these parties, once seen as bulwarks against the concentration of power, are now accused of compromising their values for personal gain. Political leaders such as Nitish Kumar, Chandrababu Naidu, Ram Vilas Paswan, and Eknath Shinde have been criticized for aligning with the ruling party despite ideological differences. This alignment has led to accusations that these leaders are more interested in securing personal benefits than in representing the interests of their constituents. The financial incentives purportedly used to secure their allegiance have further deepened concerns about the integrity of India's political system.

At the heart of these issues lies a broader concern about the decline of democratic values in India. The perceived erosion of free speech, the growing influence of money in politics, and the weakening of institutions designed to hold the government accountable are all indicative of a deeper malaise. The idea that political power can be bought and sold, with little regard for the electorate's will, poses a serious threat to the future of Indian democracy. Prime Minister Narendra Modi, often at the center of these debates, is seen by some as an embodiment of this decline. While his leadership has been lauded by many for its decisiveness, critics argue that it has come at the cost of eroding democratic principles. However, the blame does not lie solely with him. The complicity of other political leaders, who have enabled the concentration of power in the hands of a few, is equally troubling.

The challenges facing Indian democracy are significant, and addressing them requires a collective effort. Citizens, civil society, and political leaders must remain vigilant in defending the principles that form the bedrock of the nation's democracy. The judiciary must reaffirm its independence, government institutions must uphold the Constitution, and political leaders must prioritize the interests of their constituents over personal gain. The future of India's democracy depends on the ability of its people and institutions to resist the forces that seek to undermine it. Only by standing firm in the face of these challenges can India hope to preserve the democratic values that have long been its strength.