Your Lordship, Our Democracy is Crying Out for Help

Disclaimer: I wish to publish this in an Indian national news network. Yet wisdom prevents me from doing so only because of the fear that envelopes the nation. The claws of malevolence have reached everywhere and are not limited to politics. Citizens need to note that power and supremacy seem to be the end goals of the elected leaders or those who promise to be effective legislators. This piece is to forewarn ourselves, the citizens, that such planned attacks are possible even if the ruling party changes. One only needs to pull back the curtain behind news reports from various sources to reveal the 'sinister force’ staring back with gleaming eyes.

As a global citizen with an international human viewpoint, I wrote this more than a year ago as a general article. It does not try to portray any party or its leader badly. The situation in India is overwhelmingly bleak, largely driven by unprecedented widespread apathy. That said, a few dedicated patriots are still standing out amidst the indifference. Due to our demography, this handful is a lot of people, and it is probably enough to take baby steps toward positive changes. This piece also wants to ask the following questions to the privileged class.

Are you on the right side of history?

If yes, what are your actions (not necessarily achievements)?

If not, what are your excuses?

On to this piece…which is a plea from a concerned citizen.

Respected Chief Justice,

As a responsible but sad and hapless patriotic citizen of India, I take the liberty to write to express my concern regarding the alarming trend of the erosion of the four pillars of democracy in India: the legislature, the executive, the judiciary, and the media. I am aware that you are someone who knows this in the best possible manner, yet I am unable to stop my urge to highlight that these institutions are essential for maintaining the rule of law and protecting the rights of citizens.

Legislative Erosion

For some years, legislative actions have shown a concerning trend of undermining parliamentary authority, with the government's emphasis on sovereignty. This has been causing concerns over bills passed without sufficient debate or opposition and threatens democratic governance principles due to insufficient scrutiny.

Examples:

India's recent legislative actions have shown a concerning trend of bypassing parliamentary authority, with significant bills passing with minimal debate, such as the controversial legislation aimed at tightening government control over the press, which received minimal discussion time in parliament.

Suspended Members of Parliamentarians outside the House of Democracy

The suspension of 146 opposition members in India's parliament has led to the swift passage of key bills without objections, marking the highest number of suspensions in parliamentary history. This has effectively muted dissenting voices during critical legislative sessions, potentially reshaping the democratic landscape.

Recent parliamentary sessions have seen a significant decrease in the amount of time allocated to bills, with an average of only 40 minutes per bill. This has raised concerns (by a BJP member) about the erosion of legislative scrutiny and accountability, potentially undermining the democratic process.

Big-ticket bills, pitched battles

The legislative maneuvers in India have significant implications for democratic governance. They suggest a decline in constitutional checks and balances, which is crucial for a healthy democracy. This shift also raises concerns about majoritarianism and diminished civil liberties, potentially leading to increased government control over various aspects of civil society.

The empty seats of the opposition while bills were being passed the ruling party BJP

Executive Overreach

The government's overreach has increased, bypassing established checks and balances, leading to a diminishing accountability structure. Credible organisations report rising instances of government overreach, with surveys showing a growing perception of executive powers being concentrated, potentially violating constitutional rights for citizens.

Checks and balances are a must for just democracy

Examples:

India is experiencing a rise in government overreach, with income tax raids on media outlets like BBC India following a documentary critical of Prime Minister Modi. This is seen as an alarming use of state power to silence dissenting voices in the media landscape.

Surveys reveal a growing public concern over the concentration of executive power in India. The executive branch's dominance is intensifying and causing a decline in democratic norms. This raises concerns about governance and citizens' rights, especially in light of recent actions that violate specific constitutional rights.

Government tactics

The U.S. State Department's 2023 Human Rights Report highlights overreach actions against civil society activists and journalists, including extrajudicial killings, arbitrary arrests, and intimidation tactics, as violations of constitutional rights. These actions reflect a growing impunity among government officials, undermining civil liberties and affecting the rule of law.

The Indian democratic framework is facing a significant erosion of accountability due to government tactics that stifle dissent and limit public discourse. These strategies endanger institutional integrity and threaten democratic engagement and individual rights. As these strategies persist, calls for reform and accountability are urgently needed.

Judicial Independence

The World Justice Project reports a decline in judicial independence, with increased executive pressure undermining its impartiality. This lack of judicial autonomy threatens the fundamental checks the judiciary is supposed to provide against executive excesses, undermining the functioning of a democracy.

Regional Rankings Maps - Google Drive

Examples:

The World Justice Project has highlighted India's decline in judicial independence, citing executive pressures as a significant factor in undermining the judiciary's impartiality. This raises concerns about the judiciary's ability to act as an independent check on the executive.

WJP Rule of Law Index | Fundamental Rights (worldjusticeproject.org)

The Modi government attempted to influence judicial appointments through the National Judicial Appointments Commission (NJAC), aiming for greater executive control. However, the Supreme Court deemed the NJAC unconstitutional, emphasising the need for judicial independence.

Executive pressure, including the suspension of opposition members from parliament, has led to rushed judicial reforms without adequate debate or scrutiny. This has commodified the judiciary's role in overseeing executive actions and diminished the checks and balances essential to democratic governance.

Government officials are increasingly criticising the judiciary, questioning court rulings and judicial selection processes, posing a threat to its credibility and independence. These actions undermine the judiciary's ability to protect against potential state abuses of power and its standing as a bulwark against such abuses.

The erosion of judicial autonomy due to pressures is posing a threat to the rule of law in India, compromising the core tenets of democracy and limiting the protection of constitutional rights for citizens, as the judiciary's fundamental checks against executive excesses are compromised.

Media Freedom

India ranks 159th in the 2024 World Press Freedom Index. Ongoing violence against journalists, high censorship, and political pressure are significant threats to the media's role as the fourth estate. This deterioration has significant implications for democratic discourse and public accountability.

Decline of press freedom in India

Examples:

Indian ranking is low in the World Press Freedom

India's journalism environment has been severely impacted by violence, with 256 incidents recorded between May 2019 and August 2021, including physical assaults and intimidation, especially during protests and political unrest. These attacks highlight the risks journalists face when exposing inconvenient truths about government actions.

India has experienced widespread censorship, with the government using various legal mechanisms to suppress dissent, including the removal of critical media narratives like the BBC documentary "India: The Modi Question." This demonstrates broader patterns of governmental control over information flow, infringing on journalistic freedom.

Journalists in India face increasing political pressure and harassment, leading to a climate of self-censorship. Allegations of terrorism and sedition are used to silence critical voices, particularly against independent media organisations like The Wire and Newsclick, diminishing their role as a check on governmental power.

Hotspots for journalists in India

Violence, censorship, and political pressures in India are causing significant damage to democratic discourse and public accountability. Journalists face threats and intimidation, reducing their ability to hold governments accountable and reducing governance transparency. This suppression undermines democracy's foundational principles for informed public dialogue.

Increase in jailed journalists in India

In light of these pressing issues, I urge your esteemed office to take proactive measures to safeguard the integrity of India's democratic institutions. The judiciary must reaffirm its role as a bulwark against encroachments on democratic freedoms and uphold the principles enshrined in our Constitution.

On behalf of my fellow citizens, I plead with your Lordship to support the ‘righteous’ and take stringent action against sinners. Even with an optimistic outlook, I fear that the number of crimes is going to increase. To begin with, the reasons are socio-political—the humongous population, the motley of religions, the nuances of cultural identity, unemployment, and liberalism vs. tradition are the other factors that add to the conundrum.

As a collective of mostly helpless citizens, we would like precedents for future counsels to adhere to. Truly, our hard-won democracy is crying out for help.

Thank you for considering this urgent matter.

Sincerely,

Anonymous

concerned.citizen@gmail.com

P.S.

My dear fellow citizens, I urge you to think ahead for yourself and society. You are not a single entity and live in the context of a larger existence. I understand that most of us have our hands and mouths tied due to societal and family pressures. I would encourage you to try to share positive (there are so many samaritans out there) and negative news (to know what we are fighting against) on your social media feed. This does not have to revolve around politics because that would unnecessarily make the narrative complex.

The primary goal is to spread awareness and create hope. Be ready to become disappointed, for not everyone will likely appreciate your efforts. At least, that has been my experience. But that does not dissuade me. I will continue this until I can. Let us collectively try to wake up those unaware and those pretending to be asleep. Everyone has an element of goodness, but at times, it is buried under the blanket of hatred and complacency. We as a nation must rise to be worthy of the extremely difficult efforts of our forefathers who fought for our independence.

What is the point in breaking up something millions have painstakingly put together before us?

Here are some must-read articles for a more in-depth perspective on the piece. These are not meant to criticise anyone. They are being shared to give context, think, and decide where we should stand for a better future for us and the coming generations.