Context: Restrictions on protests: The crackdown on protests at Delhi’s Jantar Mantar, alongside closures of other spaces for dissent, has raised concerns about shrinking democratic spaces and restrictions on political expression.
- Background: Protests against the Special Intensive Revision (SIR) of electoral rolls, demands for the removal of the Chief Election Commissioner (CEC), and concerns over alleged voter disenfranchisement have intensified political confrontation.
Concerns Regarding Democratic Rights
- Restrictions on dissent: Protesters and journalists have reportedly faced physical abuse, while opposition leaders and groups have encountered restrictions on permissions to protest or organise public gatherings.
- Electoral concerns: The controversy surrounding the SIR, alleged irregularities in electoral rolls and the judiciary’s response has raised concerns about voter exclusion and the protection of electoral rights.
- Political competition: Disputes over party symbols, party splits, Election Commission appointments and electoral procedures have raised questions about the fairness of political competition.
- Shrinking public spaces: Closures of protest venues and restrictions on public mobilisation can weaken citizens’ ability to express grievances and demand accountability.
How Democratic Competition Is Being Undermined
- Electoral manipulation allegations: Concerns include alleged misuse of applications for voter deletion, removal of voters without adequate scrutiny and insufficient action against potentially fraudulent applications.
- Institutional accountability: The article questions whether electoral institutions and the judiciary are responding adequately to allegations of disenfranchisement and procedural irregularities.
- Suppression of opposition: Restrictions on protests and public expression may reduce the ability of opposition parties, civil society organisations and citizens to challenge government decisions.
- Declining public participation: Repeated restrictions can discourage political participation and weaken citizens’ confidence in democratic institutions.
Democratic Closure and Authoritarian Tendencies
- Democratic closure: Refers to the shrinking of opportunities for political participation, public protest, independent expression and meaningful electoral competition.
- Electoral authoritarianism: A system in which elections continue formally, but restrictions on opposition, civil liberties and institutional independence undermine genuine democratic competition.
- State power and civil liberties: The article argues that excessive restrictions can turn administrative and legal mechanisms into instruments that weaken dissent and political accountability.
- Institutional versus extra-institutional resistance: Within-system resistance involves electoral, judicial and constitutional remedies, while extra-institutional resistance involves public mobilisation, protests and civil society action.
Historical Foundations of Indian Democracy
- Social equality: The democratic project draws upon struggles against caste discrimination and social exclusion, including the ideas of Jyotirao Phule.
- Constitutional democracy: The Constitution of India institutionalised electoral competition, political equality, civil liberties and representative government.
- Democratic participation: The article emphasises that democracy requires more than periodic elections; it also depends on public participation, social justice, freedom of expression and responsive institutions.
Challenges to Democratic Resilience
- Institutional remedies: Elections, courts and constitutional bodies provide formal mechanisms to address grievances, but their effectiveness depends on accessibility, independence and timely decisions.
- Public mobilisation: Farmers’ protests, youth mobilisation at Jantar Mantar and other demonstrations illustrate how collective action can challenge institutional restrictions.
- Risk of further closure: Repeated restrictions may normalise obedience, discourage dissent and weaken the culture of democratic participation.
- Need for social democracy: Political equality must be accompanied by social inclusion, dignity and improved livelihoods to strengthen democratic legitimacy.
Way Forward: Redemocratisation
- Protect peaceful protest: Ensure reasonable, non-discriminatory access to public spaces for peaceful demonstrations, subject to proportionate restrictions necessary for public order.
- Strengthen electoral integrity: Improve transparency in electoral roll revisions, provide effective grievance redressal and ensure due process before deleting eligible voters.
- Ensure institutional independence: Strengthen the autonomy, accountability and credibility of constitutional bodies, particularly those responsible for elections.
- Promote civil liberties: Safeguard freedom of speech, peaceful assembly and association under Article 19, subject to constitutionally permitted reasonable restrictions.
- Strengthen democratic culture: Encourage citizen participation, independent media, civil society engagement and dialogue between institutions and dissenting groups.
- Combine political and social democracy: Address caste-based exclusion, inequality and livelihood insecurity alongside institutional reforms to make democratic participation meaningful for all citizens.
Additional Constitutional Provisions
- Article 19(1)(a): Guarantees freedom of speech and expression, subject to reasonable restrictions under Article 19(2).
- Article 19(1)(b): Guarantees the right to assemble peaceably and without arms, subject to reasonable restrictions under Article 19(3).
- Article 19(1)(c): Guarantees the right to form associations or unions, subject to constitutional restrictions.
- Article 21: Protects life and personal liberty and has been interpreted by the Supreme Court to include several dimensions of dignity and individual freedom.
- Basic structure doctrine: Established in Kesavananda Bharati v. State of Kerala (1973), it protects the Constitution’s basic features, including democracy, against destruction through constitutional amendments.
