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LATEST NEWS UPDATES | Character of our nation is on test -Aruna Roy and Nachiket Udupa

Character of our nation is on test -Aruna Roy and Nachiket Udupa

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published Published on Aug 26, 2019   modified Modified on Aug 26, 2019
-National Herald

Those of us who care for integrity, principle and constitutional values as citizens of India have a huge task ahead. When Independence was dreamt of, it must have seemed impossible

“Being part of a democratic government is hard. Being a citizen is hard. It is a challenge. It’s supposed to be. There’s no respite from our ideals. All of us are called to live up to our expectations for ourselves -- not just when it’s convenient, but when it’s inconvenient. When it’s tough. When we’re afraid.”

- Barack Obama


This was an Independence Day that came with baggage. This is a time when fundamental questions arise about our democratic practice. It has questions that are being asked just not today, but even those that future generations will ask of the ruling dispensation, the dispersed Opposition and of the adult citizens of today.

Some of the problems arise from the inherent short-changing and perversion of procedures, vital for fair democratic functioning. All this boils down to what we call the basic structure and fabric of a democracy, the Parliament. To quote from the PRS report:

“The 17th Lok Sabha … was remarkable for several reasons. … Parliament passed 28 Bills during the session -- higher than any in the last ten years.

Hidden amongst this high level of productivity is the lack of scrutiny. Of the Bills passed, 23 were not examined by any parliamentary committee; the other five had been scrutinised in earlier avatars by the last Parliament. 25 Bills were discussed within five working days of their being introduced. These included Bills such as the ones related to reorganisation of J&K (and the resolutions) which Lok Sabha Members saw only after the day’s sitting had started; and very technical Bills such as the Companies Amendment (which, introduces jail terms for not meeting CSR obligations) and the Insolvency and Bankruptcy Code Amendment; the RTI Amendment; and the National Investigation Agency Amendment.”

The Indian Parliament is bulldozing fundamental changes to the Constitutional architecture of our country without proper pre-legislative, or Parliamentary consultation by disallowing any detailed scrutiny, or examination even by standing and select committees set up for the purpose.

Laws so passed are going to become part of governance, and when anti-people laws get enacted, the rule of law evolved to protect us becomes, ironically, the tool of suppression. The RTI, was first in the line because it is an entitlement that allows us to legitimately question the power structure, including the elected and non-elected members of the ruling elite. The changes in the UAPA is bound to throw fear into the mind of every dissenting person, that expressing their opinion could have them arrested for being a terrorist. Don’t ask uncomfortable questions; don’t express dissent seems to be the clear warning of the government.

India is celebrating 72 years of freedom. But what does freedom indeed mean? The Constitution says that the State derives its sovereignty from its people. But it also gives us principles. There has to be a principled and therefore accountable use of that sovereignty. The people of India, who are the sovereign, will have to be informed, consulted and made part of the decision-making process, without compromising on the principles we stated and accepted as we laid the foundations for a free nation.

It is in this context that we must analyse the political environment in India today. Those in power have never been comfortable with being questioned. Privilege begins with impunity. When the principles or rights begin to create discomfort, the ruling dispensation starts curtailing the freedom of citizens. As a result, either the principles prevail, or crude power breaks down all constitutional and ethical safeguards to ensure continuity of power. It can happen like it did during the Emergency or now, when structures protecting public interest are being swept aside mindlessly.

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National Herald, 17 August, 2019, https://www.nationalheraldindia.com/opinion/character-of-our-nation-is-on-test-2?fbclid=IwAR1SWHxg2mz01J40bWDEAGcyat2jgWS6uaeJASIR78fAMktArkFAV60K7IA


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