Praising democracy amidst perils it faces
By Vinod Varshney
To praise Indian democracy as Modi did in Madison Square Garden, New York without making efforts to strengthen its core or paying attention to its fundamental values is nothing but chicanery. One major shortcoming of our democratic system is that it sometimes results in majoritarian rule by a party, and immense power goes with it, even while leaving out a whole community as large as fourteen percent of the country’s population. Look at the absurdity of the situation: the BJP government with 282 members in the Lok Sabha has a massive mandate, but it does not represent Muslims; yet it targets them in various ways, like raising the bogey of ‘love jihad’ and imposing ban on entry to garba venues without an ID card (a way to screen out Muslims). Such patently discriminatory approach presents a grave danger to our parliamentary democracy and even our very survival as a free nation.
Free media and independent judiciary are two important pillars of democracy and they keep it in good health in normal times. But these are not normal times and condition of these props is getting worrisome. Attempts are being made to weaken their very foundation itself. The media today is largely owned by private players, some based abroad. It was thought that with expansion into new fields with immense reach and possibilities, media would be freer and competitive. But the opposite is happening. During Lok Sabha elections the entire range of media was unashamedly campaigning for just one person; it is doing the same even five months after. Many specialists who keep a tab on media aver that this behaviour of media is unprecedented. Except during the emergency imposed by Indira Gandhi, the media had never been so partisan and one-sided. It seems the media are now totally under the control of vested interests. Not a good sign for healthy democracy! The situation in the judiciary is equally perturbing. Many eminent jurists have expressed concern about the changes contemplated in the system of selection of judges of the Supreme Court and High Courts. The recently retired chief justice of India R M Lodha thinks that the National Judicial Appointments Commission is a potential threat to the independence of judiciary, which we all know should be non-negotiable. Justice Lodha firmly believes that the current collegium system, with all its shortcomings is much better, since judges are best suited to select and appoint judges. They know all about ‘court craft, skill, legal knowledge and other important aspects of justice-delivery’. Only those who wish to use judiciary for their own ends will think otherwise. Judges getting in through any opaque route would be pliable because they would be looking for jobs post-retirement. ‘You scratch my back, I will do yours.’ That is the common approach. It is no secret that the biggest litigant in the country today is the government. It has, therefore, its interest in having judges to do its bidding. The likes of Lalu Yadav, Yeddyurappa, Jayalalithaa, Om Prakash Chautala, Madhu Koda—their number is increasing by the day—could not have been sent to jail if we did not have an independent and fearless judiciary. Cancellation of 124 telecom and 214 coal mining licences would not have been possible with pliant judges. But things might change for the worse if we are not vigilant and do not keep independence of judiciary non-negotiable. The National Judicial Appointments Commission Bill was passed in the Lok Sabha without a single vote opposing it. It is a wake-up call for us. All democracy lovers, independent judiciary and free media are the guarantors of your freedom and chosen way of life. Keep them sacrosanct, undefiled by corruption and communalism.
The Article was first published in the monthly magazine of political affairs, the ' Lokayat' (October, 2014 issue)
By Vinod Varshney
To praise Indian democracy as Modi did in Madison Square Garden, New York without making efforts to strengthen its core or paying attention to its fundamental values is nothing but chicanery. One major shortcoming of our democratic system is that it sometimes results in majoritarian rule by a party, and immense power goes with it, even while leaving out a whole community as large as fourteen percent of the country’s population. Look at the absurdity of the situation: the BJP government with 282 members in the Lok Sabha has a massive mandate, but it does not represent Muslims; yet it targets them in various ways, like raising the bogey of ‘love jihad’ and imposing ban on entry to garba venues without an ID card (a way to screen out Muslims). Such patently discriminatory approach presents a grave danger to our parliamentary democracy and even our very survival as a free nation.
Free media and independent judiciary are two important pillars of democracy and they keep it in good health in normal times. But these are not normal times and condition of these props is getting worrisome. Attempts are being made to weaken their very foundation itself. The media today is largely owned by private players, some based abroad. It was thought that with expansion into new fields with immense reach and possibilities, media would be freer and competitive. But the opposite is happening. During Lok Sabha elections the entire range of media was unashamedly campaigning for just one person; it is doing the same even five months after. Many specialists who keep a tab on media aver that this behaviour of media is unprecedented. Except during the emergency imposed by Indira Gandhi, the media had never been so partisan and one-sided. It seems the media are now totally under the control of vested interests. Not a good sign for healthy democracy! The situation in the judiciary is equally perturbing. Many eminent jurists have expressed concern about the changes contemplated in the system of selection of judges of the Supreme Court and High Courts. The recently retired chief justice of India R M Lodha thinks that the National Judicial Appointments Commission is a potential threat to the independence of judiciary, which we all know should be non-negotiable. Justice Lodha firmly believes that the current collegium system, with all its shortcomings is much better, since judges are best suited to select and appoint judges. They know all about ‘court craft, skill, legal knowledge and other important aspects of justice-delivery’. Only those who wish to use judiciary for their own ends will think otherwise. Judges getting in through any opaque route would be pliable because they would be looking for jobs post-retirement. ‘You scratch my back, I will do yours.’ That is the common approach. It is no secret that the biggest litigant in the country today is the government. It has, therefore, its interest in having judges to do its bidding. The likes of Lalu Yadav, Yeddyurappa, Jayalalithaa, Om Prakash Chautala, Madhu Koda—their number is increasing by the day—could not have been sent to jail if we did not have an independent and fearless judiciary. Cancellation of 124 telecom and 214 coal mining licences would not have been possible with pliant judges. But things might change for the worse if we are not vigilant and do not keep independence of judiciary non-negotiable. The National Judicial Appointments Commission Bill was passed in the Lok Sabha without a single vote opposing it. It is a wake-up call for us. All democracy lovers, independent judiciary and free media are the guarantors of your freedom and chosen way of life. Keep them sacrosanct, undefiled by corruption and communalism.
The Article was first published in the monthly magazine of political affairs, the ' Lokayat' (October, 2014 issue)
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