“Of democracy and Rule of law”

Harsh Dev Singh
Whenever discussions are held on free and fair elections in the country, it is the name of T.N Seshan that finds a categoric mention. And when it comes to a debate on law enforcement, the first name that occurs to the mind is that of Julio Ribeiro. The two legendary figures of India, who refused to succumb to political pressures to uphold democracy and rule of law, have swayed the political history of the nation by virtue of their sincerity and commitment for the cause of a healthy and vibrant political system in the country. While the nation eulogies these champions of democracy and pays tribute to them on 75 years of India’s Independence, it is the time to ruminate on our predicament in the changed scenario. Where do we stand today in terms of democracy and protection of human rights and constitutional guarantees as assured to us under the constitution?
The era of Seshan and Ribeiro is sadly over. And so has the era of Transparency and Accountability in our democratic functioning as is being believed by many of us. Democratic values are fast fizzling out and liberal democratic order appears to be rapidly dis-integrating. Not only have the reports of rigging and manipulations in elections become a routine feature after almost every poll but the govts are often being formed and toppled at the sweet will of political demagogues wielding power and influence. And in the process, the law continues to become as a mere hapless accessory. The maxim “criminals in khadi and khaki never get caught” has become most relevant than ever before.
Democracy in the country is presently on the cross-roads of history. At a time when we needed statesmen we got politicians. And democracy for them is nothing more than elections, a route to grab power and privilege. Assuming unchallenged political power and unbridled authority they are behaving as unquestionable despots. Tailoring their slogans with the sole objective of retaining power, they have the least hesitation in using the administrative paraphernalia to realize their goals. And in the process, the democracy is becoming the biggest causality.
According to the ‘Economist intelligence unit survey’ a leading Research and Analysis Organization, India has slipped on the Democracy Index from 27th place in 2014 to 51st position in 2019. Erosion of democratic values and civil liberties has been cited as a reason. Even the Supreme Court has emphasized the need for protection and preservation of democratic values. While setting aside extra judicial executions by police and expressing disapproval of suppression of voices of sanity, the Apex Court has upheld the Right of the people to criticise the govt over its policies and to hold dissenting opinions. Dissent is the safety value of the pressure cooker and if it is disallowed, the cooker would burst, the Apex Court had held. The rulers however continue to suppress all alternate and critical voices through the coercive apparatus of the state. The SC, the CBI, the ECI are grappling with a crisis of credibility. And under the circumstances the institutions are being demolished and administrative apparatus abused.
We are passing through unusual times. Value based politics is fast disappearing. The role of opposition is squeezing and the civil servants in majority are allowing themselves to be used by the rulers to bully and browbeat those questioning the Government’s policies. Dissent is being bludgeoned through the iron fist of Police with other agencies also pushed into service. Policing those criticizing the Government’s failures has become a routine feature. Protestors are delegitimized as anti-nationals, urban naxals, Tukde Tukde gang etc. Protests against rulers are met with imperious arrogance rooted in hubris. Civil society is being pulverized. Opposition is demonized and stigmatized. The posse of self-styled moral police has now re-inforcements in the form of oral police who determine what people may or may not put in their mouths. Politics of coercion, intimidation, detentions and persecutions is becoming the order of the day.
It is said that the best sign of a democracy is a protest march and not a barricaded empty street. And the worst spectable in a Democratic system is a peaceful, conscientious protestor being dragged into a police van. Bias against opposition is anti-theatrical of democracy. Such instances sadly bear the stink of demise of a responsible govt. And lying forlorn on the way side is the basic tenant that law is equal for all. Such instances occurring on a regular basis in the present times shall remain etched in public memory as watershed moments in the perversion of constitutional guarantees in the current regime in particular.
Tampering with people’s mandate has also become a unique feature of the present day democracy wherein all roads in the political landscape of the country are leading to Resorts. Winning an election is insignificant until and unless you can hire Resorts and Hotels to shelter and protect your elected representatives from sale and floor-crossing. In 2016, Uttarakhand was brought under President’s Rule to dislodge congress govt. The Apex Court over-ruled the decision and restored the congress govt. Likewise in 2016 Arunachal Pradesh was brought under President’s Rule with the Supreme Court again restoring the congress govt. Formation of govt in Goa further reveals the rut in the system and illustrates the attempts of perversion of democracy by the rulers in collusion with pliant civil servants. The Rollercoaster drama in Maharashtra Assembly also reveals as to how the Machiavellian politics is invading the soul of democracy in the country with the active support of unscrupulous elements in the system.
Democracy in the country is fast degenerating into authoritarianism. And rule of law is fast giving way to rule of whim. It is in this pretext that legendary T.N Seshan and Julio Ribeiro are being remembered and missed. T.N Seshan was once countered by several political parties jointly. But he retorted back. “I am the mirror. I show you what you are. If you find pimples on your face, don’t blame the mirror. Go and get Clearasil”. Undaunted by the political pressures, he continued with his efforts to cleanse the political system and assuring free and fair elections in the country. Julio Ribeiro, also known as the ‘super cop’ of the country, believed that a person who is fair and truthful has nothing to fear. He was largely able to insulate his command from day to day political interference and fearlessly fought corruption, communalism and terrorism. The riveting memories of the said two crusaders for the cause of Indian democracy shall also remain etched in public memory for years to come.
The Independence functions that we are organizing is the result of countless sacrifices made by our ancestors. This Independence has to be preserved. And no one can be allowed to destroy the freedoms that our ancestors and forefathers fought to defend. The Indian democracy needs to keep moving forward, to grow and flourish. Let us all play our role well to ensure a clean, transparent and accountable system in the country so that democracy prospers and rule of law prevails.
(The author is Former Education Minister)

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