Abstract
India is a democratic country. Its diverse cultures and traditions paint a vibrant picture of diplomacy, where every voice finds a place. Elections, which are far from religious rituals, enlighten the power of the country. Fixed within the pages of India’s constitution are rights, freedom, and equality among the people. However, recent years have witnessed a shift in the story. People believe that the current BJP government has planted the seed of dictatorship in the country. Oppositions highlight policies and actions that undermine the very essence of India’s democracy. It poses a threat to the very foundation of India’s democracy, dissolving the Indian constitution through their actions. Different schemes, amendments in the laws and the constitution, establishing laws that are discriminatory, and controlling the investigating agencies like the Enforcement Directorate [ED] and the Central Bureau of Investigation [CBI], etc. These visible changes make it clear that the dictatorship in India is not far unless people identify and react to these actions of the government, or replace the government if possible. This paper offers you a broad understanding of India’s democratic experimentation and development towards authoritarianism since the BJP government came into power. . It explores the implications of recent political shifts on governance, citizenship, and democratic participation. Moreover, it scrutinises the responses of various international leaders, political parties, journalists, organisations for societal wellbeing, etc.
Keywords: Democracy, Dictatorship, BJP government, Laws, Amendments.
Introduction
How dictatorship forms?
Many times, dictatorships are formed after corrupted or mistrusted democracies that have preceded them. This kind of process usually starts with the weakening of significant institutions such as judiciary, legislature and electoral commissions. To foster a fair system in place, loyalists are positioned strategically in key areas whereas elections are rigged and laws enacted to limit the independence of these organs. The opposition is also silenced by the dictator through ridiculing opposition parties, media and organizations. Opponents are brutally crushed to get the narrative going, eliminate hurdles and create conditions for the uncontested rule by a leader. Power is concentrated and focused on one person: the dictator those who can be trusted within his circle. Its legal framework is manipulated in order to strengthen its grip. Such laws empower dictators, curtail individual freedoms while guaranteeing impunity within their own government. These calculated actions legitimize regimes while dismantling any real democratic check and balance systems. In these early stages, new authoritarian measures may begin to gradually erode democratic norms and concentrate power in a dictator’s hands plus his inner clique. Same scenario happened in Germany, during the time of Hitler in the 1929 the Great depression took place in the country and the people were angry and had no hope for rebuilding the economy. During this hard times Hitler came forward for the people of the country and promised them to recover Germany’s former greatness, and rebuilding their collapsed economy. Soon after getting into power within a matter of few months the freedom of press was abolished, other parties were disbanded and other anti-Jewish laws were passed.
His speeches exploited peoples fear and drive their support towards him and the Nazi party.
What Indian constitution talks about democracy
Having now gone into the processes of how dictatorships are formed in democratic countries and the use of fear and discontent to claim authority by governments during crisis periods, it is time to go into the tenure of Mr. Narendra Modi who is our dear Prime Minister and his party Bharatiya Janata Party (BJP) which came into power in 2014, this will provide insight on how they have done whatever necessary to ensure that India moves towards a dictatorship. In addition, there has been legislation passed by the government which undermines civil liberties and violates human rights. These range from restrictive laws on freedom of expression and assembly to stifling independent voices in civil society as well as media thereby narrowing the spaces for democratic participation while creating an atmosphere of fear and censorship through self-policing.
India is a vibrant democracy with the Indian Constitution being its bedrock. Here’s how it enshrines democratic principles:
- Sovereign Socialist Secular Democratic Republic: The opening sentence of the Preamble itself reads that India is a democratic republic emphasizing upon people’s power.
- Fundamental Rights: Part III of the Constitution ensures fundamental rights like equality, freedom of speech and religion without which no democracy can survive. These rights are against abuse by the government.
- Universal Adult Franchise: Every adult Indian citizen has been conferred with right to vote irrespective of caste, religion or gender by this constitution. It enables people choose representatives on their own.
- Federalism: Power sharing between central government and state governments which inhibits dictatorial rule (centralized authority).
- Independent Judiciary: By establishing an independent judiciary that can review government actions, our constitution upholds rule of law which is one the main tenets of democracy
In essence, checks and balances are established within the Indian Constitution to prevent totalitarianism thus providing for a democratic system that guards against concentration of power while protecting individual liberties
Research Methodology
The methodology adopted for this research was a descriptive investigation into the democratic trajectory of India and the sources used are primary and secondary in nature. A combination of scholarly journals, credible news reports, and online data sources traced important developments and trends contributing to a loss of democratic values in India. Analysing a wide spectrum of resources from academic literature, online databases, and real-time news updates this research is meant to carry out a comprehensive understanding of the drivers of India’s drift toward dictatorship.
Review of literature
Government’s Descent Towards Dictatorship
Arvind Kejriwal, Delhi’s Chief Minister, was recently taken into custody by the ED (Enforcement Directorate), which has caused a lot of questioning and fears about the current state of democracy under the Bharatiya Janata Party (BJP) government. This is just one more reminder that the ruling regime is increasingly totalitarian and democratic norms in India are being dismantled. Arvind Kejriwal is an influential politician who has been known for his war against corruption and massive support from ordinary citizens. He had always objected to policies made by the BJP government. The Aam Aadmi Party (AAP), his political party have appeared as strong opponents that have fought the domination of BJP at their home states including Delhi. His straightforwardness coupled with electoral triumphs of his party has been a thorn on the flesh for those in power. These tactics where law-enforcement agencies like ED are used to victimize political rivals are alarming indicators of a dictatorial trend within BJP government. Such kind of malevolence turns state organs into mere tools for political purposes thus undermining judicial independence as well as rule of law. When justice and fairness principles are twisted through politicization of criminal justice processes, it also implies that trust in democracy will be lost among people who would not even believe a court verdict meant to punish corrupt politicians or any other wrongdoers. Before arresting sitting CM of Delhi Arvind Kejrival 3 more AAP leaders were arrested by ED, who were Delhi’s education minister Manish Sisodia, Delhi’s health minister Satyandra Jain and Member of parliament Sanjay Singh. This is happening because there was an amendment made by the parliament in the PMLA act in 2019 which has armed the Enforcement Directorate with unbridled powers of summons, arrest, raids, attachment of property and made bail nearly impossible while shifting the burden of proof of innocence onto the accused rather than the prosecution. Mr. Sibal argued that the amendments stripped a person of his right under Article 20(3) (fundamental right against self-incrimination) of the Constitution. He said the ED could arrest a person even without informing him of the charges. This power was violative of the right to ‘due process’ enshrined in Article 21 of the Constitution. Besides, Article 22 mandated that no person can be arrested without informing him or her of the grounds of the arrest, the petitioners contended.
Taking over freedom of speech and expression by controlling the media, India’s press freedom continues to decline
Ravish was a 26-year veteran of NDTV, serving as senior executive editor for the news outlet, which was known for its hard-hitting policy coverage. But things started to unravel as Gautam Adani, a close friend of the Prime Minister Narendra Modi, announced that he would take NDTV in a hostile takeover. Anxiety in the newsroom peaked in August of last year, with key figures such as Ravish leaving. Since Modi came to power in 2014, India’s World Press Freedom Index rank has tumbled from 140 to 150 out of 180 nations, a sign that journalistic freedom has suffered. Adani is the founder of the country’s biggest port operator and its largest coal trader and has been accused of stock manipulation and fraud by Hindenburg Research. The prime minister tried to distance himself from Adani’s controversies. Despite assurances from Adani that NDTV would maintain editorial independence, critics contend that Adani’s vast fortune stems from an association with Modi and that NDTV would become biased.
The takeover of NDTV by Adani Group follows a broader pattern of the consolidation of media by billionaire friends of Modi. In 2014, for example, another of Modi’s billionaire friends, Mukesh Ambani, purchased NDTV’s biggest rival, Network 18. Ambani now commands more than 70 outlets countrywide, reaching close to 800 million viewers a week. Such concentration of media ownership raises concerns about press freedom in India, where the journalists are having a tough time reporting independently and holding the government to account. In view of the above, it is important that media pluralism and freedom be ensured in India. As media ownership becomes more consolidated in the hands of industrials politically connected, efforts should be made to ensure that journalism is as free and transparent as possible so that democratic principles and the right to information are safeguarded.
Allegations of Electoral Bond Scandal: Implications for Indian Democracy
Recent exposures on electoral bonds suggest corruption and undue influence within the entire Indian political system. It is now said that electoral bonds were used for bribes, to protect from central probe agencies, to control policy changes, and to influence drug regulators. Out of a total of Rs 16,500 crore worth of electoral bonds issued, half of them went to the ruling party, Bharatiya Janata Party (BJP), and the rest to parties such as the Trinamool Congress (TMC) and the Indian National Congress. No funds allegedly went to parties not in power at the Centre. The issuance of electoral bonds is believed to have taken place at the same time that contracts amounting to Rs 5 lakh crore were sanctioned and protection provided to companies under investigation by agencies such as the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), or Income Tax department. The signs, to say the least, are ominous that either money was extorted or protection money was being sought in lieu of protection, the way it’s done in the criminal world. Some telecom and pharma companies allegedly issued bonds worth hundreds of crores to political parties for preferential treatment, which includes import policy changes and halting action against these companies at regulatory levels. Now, there are demands for the formation of a Special Investigation Team comprising unbiased persons, monitored by a retired Supreme Court judge, to probe these charges. It is pointed out that agencies involved in the scandal, such as the CBI and ED, should be kept out of the investigation process to ensure fairness. The allegations have tainted the integrity of the election process and questions about the undue influence of corporates on the political class of the country are raised. An investigation by an independent and impartial body is required to get to the bottom of the alleged malfeasance and restore public confidence in the democratic system.
Constitutional Concerns: Freezing of Opposition Bank Accounts and Electoral Integrity in India
The latest allegations by the Youth Congress of freezing bank accounts of the Congress and its youth wing on the eve of the Lok Sabha polls throw an awkward spotlight on the integrity of India’s democratic system. Such acts are being perceived as moves to suppress political dissent and accumulate power in ways that trample the important provisions of the Constitution of India. Article 19 of the Constitution of India guarantees the freedom of speech and expression, which includes freedom to form associations or unions. Freezing of bank accounts of the Congress and its youth wing by the government possibly infringes upon these constitutional rights by effectively gagging political dissent and stopping opposition parties from working. In addition, Article 21 guarantees the right to life and personal liberty, including a livelihood and economic freedom. Freezing bank accounts will adversely affect the livelihood of party workers and impede their carrying out political activity, thus violating their fundamental rights.
Moreover, the timing of these actions, on the eve of the Lok Sabha elections, does create a suspicion of political motives, influencing the electoral process. Article 324 vests the Election Commission of India with the responsibility to ensure free and fair elections. Attempts to influence or hamper the functioning of political parties unduly militate against democratic elections under the Constitution of India. Moreover, allegations of misuse of government agencies like the Enforcement Directorate, Income Tax department, and Central Bureau of Investigation against opposition leaders are imputations of abuse of the executive powers and erosion of institutional autonomy. Articles 14 and 21 of the Constitution protect the guarantee of equality before the law and protection of personal liberty, respectively, and such arbitrary or discriminatory action by the government agencies go against the constitutional principles.
Suggestions for Addressing the Identified Issues mentioned in the Research Paper
- Upholding Democratic Principles: Stronger institutions of democracy like the judiciary, legislature, and electoral commissions to safeguard their independence and effectiveness. Implementation of measures for preventing the manipulation of elections, ensuring transparency and accountability in the electoral process. Civic education and awareness for an educated and an empowered citizenry, effective participation in democratic governance.
- Protection of Civil Liberties and Human Rights: Review and amendment of legislation that violates civil liberties and human rights, ensuring that laws align with provisions of the Constitution. Improved oversight mechanisms to check the abuse of government agencies for political purposes and accountability for abuse of powers.
- Protection of the Freedom of the Press: Legislative measures to safeguard the freedom and independence of the press, including measures to curtail consolidation in the media and foster the diversity of voices in the media landscape. Mechanisms for regulating the media to uphold standards and integrity, including accountability for the spread of misinformation and disinformation.
- Protection of Electoral Integrity: Reform of electoral finance laws to improve transparency and accountability in political funding, including reconsideration of the electoral bond scheme, with improved regulations. Strengthening the role and independence of electoral oversight bodies, like the Election Commission of India, to ensure free and fair elections devoid of influence on the electoral process.
- Adherence to Constitutional Principles: Compliance with constitutional provisions and principles, including fundamental rights and the division of powers, through checks and balances. Strengthening constitutional mechanisms for accountability, to wit, judicial review and parliamentary oversight, in protecting the rule of law and constitutional democracy.`
Conclusion of the Research Paper
Above all, It is noticeable that India’s political scenario is in disturbing direction and the norms of democracy enshrined in the Indian Constitution are gravely under threat. The setting up of a non-democratic regime mostly involves the deterioration of democratic institutions, which is clearly seen in the way key structures of governance like the judiciary, parliament, and the electoral bodies are manipulated. This has been translated in methods such as non-involvement of opposition voices, control of media, and initiation of legal proceedings against political adversaries the aim of which is to illustrate the danger of power consolidation trend in the few hands. The ruling party, the Bharatiya Janata Party, and Prime Minister Narendra Modi since 2014 are the subject of intense accusations given their wrongdoing in some areas of democracy and violation of the rights accorded to citizens. Among the appalling examples of rights violation are the decisions to block the political opponents’ bank accounts, the employment of police to suppress voices of dissent, the buying out of media companies through alliances with businessmen involving them politically, such situations which can’t but produce extremely serious questions about the flexibility of India’s democratic system. The scandal of the electoral bonds is also the image that the corporate forces had an extreme impact on political decision-making and are prone to rigging and distorting the transparency and fairness of the electoral process at the same time. Unveiling and avoiding such potential for graft and undue influence within the political system is necessary to educate society and the essential condition for democracy to become much stronger. Facing up to these tasks, the basic principles on which democracy is based are to be followed through, in keeping with the Indian Constitution. Essential to this endeavour is to maintain the minimum essentials of fundamental rights, freedom of expression, and independent democratic institutions in order to ensure the solidity of democratic rule in India. Current steps to promote a diverse and quality media, openness and public accountability must be also taken to ensure that we do not sink into authoritarianism and India remains a pluralistic and democratic state.
Bibliography
https://www.npr.org/2023/04/03/1167041720/india-press-freedom-journalists-modi-bbc-documentary
https://countercurrents.org/2024/04/is-india-on-the-path-to-dictatorship
Christ University Bangalore, School of law
Semester 4
Internship Assignment 1
Submitted by Aman Shaikh
Submitted to Amikus Qriae