THE GIST of Editorial for UPSC Exams : 20 August 2019 (Democracy under siege (The Hindu))

Democracy under siege (The Hindu)

Mains Paper 2: Polity
Prelims level: Constituent Assembly
Mains level: Representation of people Act

Context

• The Constituent Assembly formation was the culmination of the final stage of the struggle for freedom and Independence, which was won by the supreme sacrifices made by millions of Indians.
• People across the length and breadth of the country made sacrifices in one way or the other. On January 26, 1950, India got its Constitution.
• Every succeeding generation in India owes an eternal debt of gratitude to the country’s forefathers for this ‘sacred text’.
• There is absolutely no doubt that we must keep the spirit of this text as well as the letter, while also protecting Constitutional values and its morality.

A missing debate

• Today, liberty, equality and fraternity are becoming subservient to a new idea of sovereignty.
• Ultra-nationalism has trampled over basic human rights and the dignities of citizens, especially of the “downtrodden” and the “minorities”.
• Constitutionalism is being forgotten. As a result democratic principles are unable to check legislative, judicial and executive powers.
• Each organ is paying lip service to this fundamental principle. Examples are writ large in front of us and happen everyday.

Stepping back

• The judiciary, especially the Supreme Court of India, is the custodian of the fundamental rights of citizens under the Constitution.
• But the problem is not the absence of the law but of its implementation.
• The judiciary’s blanching over protecting the fundamental rights of the citizens of Jammu and Kashmir points to its abdication of carrying out its duty.
• The judiciary itself has held that a judicial review of actions by the Executive is a part of the basic structure and has even proclaimed that “there are no unreviewable discretions under the constitutional dispensation”.
• If one can go by various judgments, it is dutybound to inquire into the legitimacy of the exercise of powers.

Conclusion

• The election result of 2019 is the proof of Ambedkar’s prophecy coming true. But sadly, the real protectors of the Constitution do not seem bothered.
• They are content with allowing the government to have either the last say or the last laugh.

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Prelims Questions:

Q.1) With reference to Mughal period 'muqaddams' were:
(a) Judicial officer at province
(b) Head of artisan community
(c) Worker in Mughal karkhanas
(d) Village level officer

Answer: D
Mains Questions:
Q.1) Liberty, equality and fraternity are becoming subservient to a new idea of sovereignty. Critically examine the statement.