India is a nation that prides itself on being the largest democracy in the world with a decent human rights record, remarkable diversity and constitutional legacy that ensures a dignified life to every citizen irrespective of their socio-economic affiliation in terms of religion, caste and class.
All the aforementioned values have been threatened from time to time since independence, but our country managed to emerge stronger. The extraordinary resilience shown by our people helped turn every crisis into an opportunity. Take the example of decades of the 1960s and 1970s. That was the toughest time of our post-independence history. India faced an existential crisis in the form of challenges ranging from democratic succession after Nehru to fighting wars with hostile neighbours and the weakening of democracy, and the list goes on.
In the face of these challenges, India emerged stronger than ever before. Our judiciary became assertive and more protective; the Opposition assigned itself to the new role of acting as a bulwark against the State’s attempt to weaken our democracy; citizens became aware of their fundamental rights, and civil society found a new strength; our economy attained food sufficiency after Green Revolution; institutions were empowered, and so on.
Under NDA 2.0, there is again a hue and cry regarding its way of functioning. Some have even alleged that this government knows no limits and is acting with fascist tendencies. So, it’s important for us to examine its nature.
In a parliamentary democracy with first-past-the-post system, there is always a threat of any single party with brute majority acting arbitrarily and undermining democracy. NDA 2.0 also enjoys the largest majority since the time of Rajiv Gandhi.
As I have mentioned earlier that India has faced many challenges since independence. But what is it that makes the challenges posed by the Modi government different from its predecessors?
Media
Media was hailed as the fourth pillar of democracy by our first Prime Minister Jawaharlal Nehru. It was assigned the task of nation-building and maintaining the social fabric. It was not a profit-making enterprise but an institution that had to consolidate the country.
The greatest threat Indian media faced was during emergency time. But it managed to strengthen its credibility and trust among people by refusing to give up against petty political interests.
Under the second term of NDA, media has compromised with its credibility. It’s playing an opposite role now. The standards of journalism have fallen to a new nadir. Acting in a blatantly partisan manner in favour of one political party, it’s diminishing the democratic space for opposition. By fuelling communal debates, it’s intensifying the faultlines in the Indian society. By shaping the false narratives, today’s media is diverting the attention of common masses, especially the middle class, from issues concerning them like education, health, etc. to ‘Mandir-Masjid politics’ and ‘us vs them’ debates.
Public Discourse
Democracy is sustained when 3d’s—debate, discussion and dissent, are respected and cherished.
Freedom of speech and expression forms the heart of liberal democracy. But the Modi government is intolerant to any kind of protest against its policies. There are many examples such as its handling of anti-CAA protests, and slapping of draconian laws like UAPA, NSA, Sedition, etc. on students, political leaders and activists, etc.
Weakening Institutions
This government has not left any stone unturned to weaken the democratic institutions. Institutions act as a strong mechanism to ensure the system of checks and balances. People’s trust in institutions like RBI, ECI, Information Commission, etc. is eroding, thanks to this government’s all-out efforts.
Let’s take the example of the judiciary. Nothing could be more perplexing than former CJI becoming the MP of Rajya Sabha. This raises many questions that would remain unanswered for a long time.
The judiciary’s role in Delhi riots was also very submissive. It’s important to take note of Chief Justice Bobde’s observations regarding this, “the courts have never been able to prevent riots… courts cannot prevent riots,” he said. “We are not saying that people should die—we wish for peace but we have our limitations.” Adding further, he remarked, “We read newspapers, we are being made to feel responsible. The pressure is too much to bear. We cannot deal with such expectations.”
It’s unfortunate to see the the most important institution of a democracy raising its hands up when it’s needed the most.
Attack On Constitutional Values
Constitutional values like secularism, equality, fraternity, etc. act as glue to hold the diverse society of India together. The word “secular” these days is associated with hypocrisy and wooing of minorities. It’s slapped as an abuse. With media and the IT cell of BJP burning thte midnight oil, the harmony and fraternity stand fragmented.
Lack of Transparency
All authoritarian regimes are characterised by secrecy that surrounds them. This is something that is peculiar to NDA 2.0 as well. For example, PM Cares Fund established to fight the COVID-19 Pandemic is operating without transparency. It’s not subjected to CAG’s Audit, and the government is unwilling to disclose how the money is spent.
Majoritarianism
J.S. Mill warned that democracy is not the rule of the majority. With brute majority in parliament, the BJP-led government is not respecting the constitutional limitations. Acting without developing the consensus of opposition, it has reduced the parliament to its whims and fancies (e.g., Aadhaar Act was passed as a Money Bill).
The year 2020 is going to be of great interest as much would depend upon how the relation between people and the state is going to change after the COVID-19 pandemic is over.
People have begun to be more dependent on the State these days. This has given the State an opportunity to increase its surveillance.
In India also, the government is taking care of all aspects of citizens. With its overarching presence, the State will emerge stronger vis-a-vis citizens. This will have serious implication on the rights of citizens, including the right to liberty, privacy, etc.
Aarogya Setu app is collecting data of citizens and tracking their movement through GPS and bluetooth technology. This can be justified for short-term emergency measures. But what if the data collected is used for non-Corona purposes?
Indian government must learn a lesson from Australia which has made it a crime to misuse data collected to deal with the pandemic.