Chief Justice of India Justice NV Ramana’s recent observations on the essentials of a functioning democracy and the need for a reasoned and reasonable public discourse to keep the spirit alive could not have come at a better time. The reiteration is also refreshing, coming as it does in the backdrop of multiple instances over the past few years when the judiciary, at various levels, was found wanting in upholding the basic democratic principles and fundamental rights of citizens. Among the three pillars of a democratic structure, the judiciary has always been and continues to be seen as the last resort by citizens victimised by laws that are not in consonance with the Constitution or the excesses by the executive armed with such laws.
Seen in this context, the CJI’s comment that the mere right to change the ruler once in five years is no guarantee against tyranny of the elected assumes importance. Over the decades since this country gave itself a Constitution that guaranteed its citizens basic fundamental rights, we have seen multiple attempts by governments to deny those freedoms to the people. Rules of engagement with people change for a political party depending on whether it is in power or the opposition. A protest, a cartoon or a comedy show that was perfectly fine when a particular party is in opposition becomes offensive when it comes to power. What rulers often forget is that the core of our constitutional values, however, doesn’t change depending on who is in power.
When it comes to fundamental rights or enforcement of laws, the judiciary is not expected to look at it from the prism of gender, religion or political ideology. It is only a strong and independent judiciary, as the CJI put it, that is capable of ensuring this happens. If some of the recent verdicts delivered by various HCs and the SC are any indication, the judiciary has rightly asserted its role and also made clear the rules of engagement between the three organs. Rulers should realise that the powers vested in them are given by the people who elect them, and by implication they have as much a role to play in the implementation of laws as the executive. Ignoring this fundamental tenet amounts to weakening democracy itself.