Updated: Jun 21, 2020
Author: MAYANK JHA (Student B.B.A.,LL.B., III Year)
FIMT School of Law (GGSIPU)
» INTRODUCTION :
The term 'Democracy' comes from two Greek words "demos" (the people) and "kratia" (power of authority). So, yes democracy is a form of government that gives power to the people. Democracy is based on 'rule of law'. So, the definition of democracy is Government by the people in Which the supreme power is Vested in the people and Exercised directly by them or by Exercised directly by them or by Their elected representatives Under a free electoral system. According to Abraham Lincoln - Democracy is a government "of the people, by the people and for the people". India is the largest democratic country in the world.
» HISTORY :
We always consider that democracy in India has come into its own. Jawaharlal Nehru said "We choose this system of parliamentary democracy deliberately ; we choose it not only because, to some extent, we had always thought on those lines previously, thought on those lines previously, but because we thought it was in keeping with our own old traditions also; naturally the old traditions, not as they were, but adjusted to the new conditions and new surroundings, we choose it also let us give credit where credit is due because we approved of its functioning in other countries more especially the United Kingdom ". The quote by Nehru proves that democracy in India has come into its own. Democracy implies the right of the people to self determination and faith in the rationality and ingenuity of the human mind. In a ingenuity of the human mind. In a democracy, the people are their own masters. We have adopted a system of representation parliamentary democracy which has come into its own. During the vedic age (3000-1000 BC) the people themselves assembled together to decide the issues of governance. There were the concept of sabha and samiti in the rig vedic period. Grass roots of democracy found its expression and existence in regional councils, city councils and village assemblies and mainly focus on local affairs. Later our democratic institutions Later our democratic institutions required some fundamental changes as per the requirements. So, the charter act, 1833,1853 and Indian councils Act, 1861 were introduced to boost up the seminar of democracy.
» HOW IT IS HELPFUL TO BUILD A STRONG DEMOCRACY AND CHALLENGES : Democracy is a better form of government when compared with dictatorship or any other alternative. Criticism in democracy helps you to get all the basic fundamentals of democracy some of them are promotes equality among promotes equality among citizens, enhances the dignity of the individual, improves the quality of decision making, provides a method to resolve disputes and allows room to correct mistakes. But not so many would be satisfied. So, we face a dilemma. Democracy is seen to be good in theory or in principle but not so good in practice. Almost 113 countries of the world practice democratic politics. But the most basic outcome of democracy should be that it produces a government and it should be responsive to the needs and expectations of the needs and expectations of the citizens. Democracy is based on the idea of deliberation and negotiation. Our interest and fascination for democracy often pushes us into taking a position that democracy can address all socio economic and political problems. The first step towards thinking carefully about the democracy is just a form of government. It can only create conditions for achieving something. The citizens have to take advantage of those conditions and achieve those goals. Criticism plays a vital role when the needs of the people when the needs of the people and often ignore the demands of a majority of its population. And the news of corruption are enough to convince the people that government is not working properly. So, for the eradication some healthy practices should be channelized in the democracy some of them are already in the practice some needs to be more furnished - regular, free and fair elections, open public debate on major policies and legislation and citizens right to information about the government and its functionaries. There is no doubt in it that the law has an important in it that the law has an important role to play in political reform. Carefully devised changes in law can help to discourage wrong political practices and encourage good ones. The best laws are those which empower people to carry out democratic reforms. The Right to Information Act of 2005 is a very nice example of a law that empowers the people to find out what is happening in government and act as watchdogs of democracy. Democratic reforms can be done through the active participation of each individuals and it can only be done when every one is aware be done when every one is aware about the facts and factual. And criticism help you out to get the positive results but criticism or objection must be done in a peaceful manner and it is our duty so we must not to ignore our duties. But except all these things there are re some challenges which can impose limits on criticism some of them are working of institutions, federalism, decentralization, accommodation of diversity, political organisations, democratic rights and constitutional design. But one of the most positive outcome of the the most positive outcome of the criticism is deepening of democracy it means strengthening those institutions that help people's participation and control. This requires an attempt to bring down the control and influence of the rich and powerful people in making governmental decision.
» CAN THEY BE INCLUDED IN ARTICLE 19 OF THE INDIAN CONSTITUTION :
There are many groups or unions which are formed. The main purpose to form unions or association is to put up their problems or put up their problems or objections in front of the main authority. To form associations or unions is constitutionally valid according to Article 19(1)(c). Some of the example of unions are - Railway union, Auto rickshaw union, BSRTC union, etc. So, it is obvious, that it is their fundamental right to raise their voice to criticize on any shortcomings, loopholes, or on any government decision which directly effect them. According to Article 19(1)(a) we have right to freedom of speech and expression. It contains right to express one's views and opinions express one's views and opinions on any issue through various modes e.g. By words of mouth, writing, printing, picture, film, etc. In the Article 19 Right to criticize is an integral part of the right to freedom of speech. As per stated in the S. Ranarajan Vs. P. Jagjivan Ram case - The Hon'ble court pronounced that each and every person has a fundamental right to form his opinion on any issue. Open criticism of government policies and operations is not a ground of restricting expressions. Intolerance is curse for the democracy. So, according to the democracy. So, according to the stated it is clear that the right to criticize is our fundamental right. But we have to consider while speaking that what we speak should not be in against of the security of the state, friendly relations with foreign states, public order, decency
and morality, contempt of court, defamation, incitement to an offence and sovereignty and integrity of India as per stated in the Article 19(2) which explains the restrictions on freedom of speech. This article was inserted in the first constitutional amendment in the constitutional amendment in the year 1951 by epitome of freedom of speech Jawaharlal Nehru.
ROLE OF OPPOSITION :
"For every action, there is an equal and opposite reaction" - Newton's third law of motion. This law clarifies that absence of an equally opposite force from the other object will render the object motionless. This is the true idea of elections in a democracy. If there is no opposition or there no voice of opposition there will be vacuum and lack of motivation for the leaders and motivation for the leaders and then who will show the responsiveness and responsibility to the people if there is no opposition. For the better state there is urgent requirement of opposition and their constructive criticism is also helpful for the ruling g party and for the citizen and due to which they get to know whether the government is doing their best or not. India has the concept of direct democracy. It means in direct democracy people sit together and discuss is impossible (as was in ancient Greece). So, we need to adopt structural and organizational pattern from the Westminster system. The competitiveness between the parties creates awareness. And where the people's voice is suppressed it means dictatorship is in the grab of democracy, as seen in China. Without party politics it is impossible to increase the strength of democracy. In USSR where the one party system over 15 republics of USSR. And about the outcome we all are aware in the outcome we all are aware in the year 1991 mighty soviet union was fall. The quasi federal structure of Indian democracy ensures devolution of powers, distribution of resources to the levels of zila parishads, Panchayat samitis, Gram sabhas and panchayat so that none are left behind. And this was the biggest event when we adopted the quasi federal structure to distribute the powers and everyone has right to move forward. The oppositions criticism over electoral politics is also one of the crucial topics. But when process of election when process of election criticized by the opposition so the government and especially election commission came out with there answers that under the written principles in the constitution of India, Article 324(1) elaborates the superintendence of Election Commission for elections. The independence of Election Commission is a mark of trust that the commission has maintained. It's dependable organisation, implementation and use of EVM's are applauded elsewhere in this experiment of democracy.One more incident in democracy.One more incident in the history of politics which were criticised by the opposition was when the voters age were decreased from 21 to 18 years. This step were initiated under the regime of congress party under the leadership of Rajiv Gandhi. But after the criticism the main reason were published for decreasing down the voters age. And it was also explained that their right to choose between political alternatives strengthens a democracy. Even stuffs like political diplomacy, panel discussions, parliamentary debates, deliberation, discussion debates, deliberation, discussion all are necessary for the active, vibrant and dynamic democracy. And in our country after every five years in the country, in different states, in local self government we celebrate the festival of democracy and it is election. It is a process to choose our representatives for the next 5 years and for the next 5 years the main work of the opposition is to criticize and through the help of opposition and their criticism the good governance can be executed and we can aspect the transparency in the government towards the citizens.
ROLE OF MEDIA:
The media is the fourth limb of democratic system,the legislature, executive and judiciary being the other three. Media has the wide ranging roles in the society and it plays a vital role in moulding the opinion of the society and it is capable of changing the whole viewpoint through which people perceive various events. The media can be commended for starting a trend. Media is the primary public source and because of which maximum number of people rely for the updates and news on a for the updates and news on a national, local and regional level. It is a general understanding that the news media are not mirrors, simply reflecting events in society. But it also serves as an excellent inflammatory agent to public opinion at crucial times when the public opinions are very necessary. Especially in the incidents like emergency in 1975, at the time of election, or in any scam, or in corruption cases like chara ghotala of lalu Prasad yadav, 2G spectrum scam, commonwealth games scam, and even in the current situation in this COVID 20 situation media in this COVID 20 situation media plays a very important role. There is a case of Romesh Thappar Vs. State of Madras (1950) In this case the Hon'ble SC held that freedom of press comes under the ambit of Art. 19. In another case of Indian express Vs. UOI (1985) It was observed that press plays a very significant role in the democratic machinery. The courts have duty to uphold the freedom of press and invalidate all laws and administrative actions that abridge that freedom. Freedom of press contains freedom of publication, freedom of circulation and freedom of circulation and freedom against pre censorship. Special reports by media like organising panel discussion, raising questions from the authority or discussions with the experts, ground zero report of the situation, opinion polls in elections, door to door survey and their results influence the each and every responsible citizen. And it provides you the clear cut image in front of you. For eg. When the judgment were pronounced by the SC with 3:2 in unconstitutionality of talaq – ebiddat in August 2017 was highlighted by the media and it highlighted by the media and it was published on large circumference. It plays a very significant role among the Muslim women in all over country. And due to which it the government have to make rule on triple talaq. So, this is the power. Media also plays an active role in bringing the accused to hook especially in Nirbhaya case. Although we know that we have Independent judiciary but it is to be kept in mind that judges being humans are not free from faults. A man may not be able to put that which he has seen, heard or read entirely out of his mind, and he entirely out of his mind, and he may be affected by it. In Reliance Petrochemicals Vs. Proprietor of Indian express in the light of the P. C. Sen, it can be inferred that the SC has accepted that judges are likely to be subconsciously influenced by the media publicity. As per stated in the Madrid principles that the freedom of speech and expression is essential in democratic society. And the media has an obligation to respect the rights of Individuals. Recently, a Congress
minister in the coalition government of J and K had to resign after revelations of his resign after revelations of his sexual advances and molestation became public. Same in the case cabinet minster in BJP M. J. Akbar and exactly the same case with veteran journalist, tarun tejpal. Media also have right to broadcast because it becomes as the technology modified. And Mahatma Gandhi said that freedom of media is the freedom of people as they should be informed of public matters.
True democracy drives its power from the participation, cooperation, tolerance, inclusiveness, tolerance, inclusiveness, awareness of the people. People are what is at the core of the concept and continuance of democracy.
Image Courtesy: https://www.aljazeera.com/
DISCLAIMER: Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of A & S Jurisprudentia Ltd. A & S Jurisprudentia Ltd also does not certify correctness of the Language, Spelling, Grammar, context etc. of the Blog and disclaims any Liability, consequences which may arise of this Blog.