Echoes of Tyranny in Democracies

Some legal and constitutional frameworks that are often misused to suppress dissent or consolidate power in India:

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.

Challenges

Way Forward

Weakening of institutions (judiciary, media, legislature)

Strengthen institutional autonomy and uphold the doctrine of separation of powers

Misuse of laws (UAPA, NSA, Sedition, etc.) to suppress dissent

Amend or repeal draconian laws; ensure laws align with fundamental rights

Judicial overreach or passivity

Ensure judicial accountability while maintaining independence; encourage proactive constitutional review

Suppression of dissent and press freedom

Protect freedom of speech and media through legal safeguards and transparent regulation

Ordinance route bypassing parliamentary debate

Limit ordinance usage to genuine emergencies and encourage legislative debate

Majoritarianism and neglect of minority rights

Strengthen constitutional safeguards for minorities and promote inclusive governance

Erosion of federalism (misuse of Article 356)

Uphold cooperative federalism and limit arbitrary central intervention

Civil apathy and declining democratic participation

Promote civic education and active citizen engagement in democratic processes

EnsureIAS Mains Question

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)

EnsureIAS Prelims Question

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.