15 Apr 2024  |   03:37am IST

The Rule of Law and Elections: The Bedrock of Democracy

Voting is an expression of our commitment to our country and the world. Every vote counts and every voice ought to be heard in a democracy. Not voting is not a protest but a cowardly surrender. We do not have a government of the majority but a government of the majority who participated. Elections give candidates and governments legitimacy
The Rule of Law and Elections: The Bedrock of Democracy

Shanti Maria Fonseca

“Act as if the whole election depended on your single vote.”  -  John Wesley

Politics is the most common phenomenon in the world today.  Politics is the concept which provides the framework and sets the rules to govern a state and country. Its primary aim is to provide good governance to the people. The Elected representatives are expected to possess all the requisite qualities to provide good governance. Over the decades, elections in India have been marred by the evil influences of caste and religion and money. This has led to communalisation and corruption of electoral politics. Never before in independent India’s history have so many eminent writers and public intellectuals mounted a strident collective protest against the government’s failure to protect the freedom of expression and contain religious intolerance!

Next to free and fair elections, one of the most important defining characteristics of democracy is the ‘Rule of Law.’ While the citizens of a democracy choose their leaders and representatives through elections, the ‘Rule of Law’ defines the relationship between the representatives and citizens in between the elections.  An essential component of a constitutional democracy is its ability to give and secure for its citizenry a representative form of government, elected freely and fairly, and comprising of a polity of men and women of high integrity and morality. Contrary to this India stands witness to an alarmingly high number of people with criminal background who have polluted Indian polity.

Elections are the bedrock of a democracy.  Yet no political term has been abused so indiscriminately as ‘Democracy’. It is amusing to notice patently totalitarian regimes flaunting the democratic label. International news describes India as the world’s largest democracy. But this democracy is rotting from within. Our rule of law is under attack from our own government.

Since first coming to power in 2014, the Modi government has embarked on an agenda of majoritarian Hindu nationalism.   Led by the ideology of Hindutva, which perceives India’s history to be inextricably linked with Hindu religious practice.  A vision of India by Hindus for Hindus.   In Modi’s Hindutva version of India, law now exists on 2 parallel planes.  Constitutionally it remains a secular democracy committed to the idea of social and political equality.  Yet, on the level of policing, judicial interpretation and increasing legislation, the Indian State law has become a site where majoritarian Hindutva ideologies have reshaped the ideas of justice and belonging.

Voting is an expression of our commitment to our country and the world.    Every vote counts and every voice ought to be heard in a democracy.   Not voting is not a protest but a cowardly surrender.  We do not have a government of the majority but a government of the majority who participated.  Elections give candidates and governments legitimacy.

Democracy is based upon the conviction that there are extraordinary possibilities in ordinary people.  Somewhere inside all of us, is the power to change the world.  Elections and other political processes are pivotal to the quality of a country’s governance.  Elections can either greatly advance or set back a country’s long term democratic development.  Etymologically,  the sovereign act of a democracy means:  the power of the people, government of the people, for the people, by the people.

Strengthening democracy requires the active participation of every voter eligible for voting.  In a democracy it is the people who give the government its power.   They do this through elections in which they vote for particular persons and elect them.  Once elected, these persons form the government.  In a democracy the government has to explain its actions and defend its decisions before the people. People should not be afraid of their government.  Rather it is the government that should be respectful and sensitive to their needs.

It is not a happy thought that after 75 years of electoral democracy, Indian citizens are witness to attempts to subvert the electoral process.  The question before India today is whether in the present situation our Constitution, laws and courts can protect the integrity of the electoral system.  Our Constitution like a machine is lifeless. It acquires life because of the men who operate and control it.  India today needs nothing more than a set of visionary persons who have the interest of people and their country before them.  If the people who are elected are capable, men and women of character, integrity and socially committed, they will succeed to enliven the tenets of the Constitution. If they are found lacking in these qualities, the Constitution alone cannot uplift the country and its people.  

The communalism and caste-based politics has crossed all barriers which can result into an unknown, alarmingly dangerous situation.  India has been affected by the rise of conservative religious ideologies and there is a rise of ‘vigilantism’ and violence against Muslims, minorities and dissenting voices.  The Rule of law forms the supreme manifestation in human civilization with eternal values of constitutionalism, inherently dedicated to democracy and good governance.  The Rule of Law respects human rights of persons irrespective of their status in society. This rule is like a golden thread in the Constitution which ensures supremacy of law over the society.  It is the cardinal principle, forming the basic structure for constitutional governance in the country. As a principle, the rule of law is a sentinel of ‘the voice of justice’. It guarantees the personal safety and well-being of its citizens by ensuring that its citizens are not detained arbitrarily, and their fundamental, human rights are not violated. To act coolly, intelligently and prudently in perilous circumstances is the test of a nation.

If India wants to be a global player in the true sense, we cannot afford to walk the path of the other despicable authoritarian regimes who disrespect the rule of law.  This will result in losing credibility on the world stage.  If India wants to play the role of a responsible player in the world as a peace maker between warring nations, the Indian state must ensure that it is not backtracking in its ideals of democracy and values of justice, liberty, equality and equity enshrined in its constitution.   

(The writer a social scientist and practicing criminal lawyer)


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