To bolster democracy, fortify key institutions

There are learned lawyers. So why don’t they arrest the deterioration of the courts? There are committed MPs. Why don’t they restore the dignity of Parliament?

We live in India, and we should be proud of it. It is the world’s largest democracy. Unlike our neighbours, we have never descended into dictatorship. How often have I written or said those words? They are true, but life doesn’t stand still, nor does democracy. We need to be sure our democracy is going in the right direction, and we are not in danger of backsliding. But two institutions crucial to a democracy — the legal system and Parliament, which makes the laws — indicate that democracy is under stress.

One of the most important debates in any Parliament should be the budget discussion. This year, Parliament has been so unruly that the budget was passed without discussion and once again, the session of Parliament was cut short, now a common practice. (Sonu Mehta/HT PHOTO)

“Let the law take its course” is one phrase I have heard several times, knowing it won’t happen. It’s the standard bureaucratic way of saying, “Forget it, and let’s move on to the next point or problem.” If, and it’s quite a big if, the matter is handed to the police or one of the other investigative agencies, no one can tell how long it will take to investigate it. The government has admitted that 76% of those unfortunate Indians locked up in prison are either under trial or awaiting trial.

That gives some indication of the mess the Indian judicial system is in. In the case involving the son of a minister, accused of killing four farmers and injuring more by driving over them, the Supreme Court gave him interim bail in January. One reason for this is that the apex court believes the trial will last for a minimum of five years when it eventually takes place.

Manish Sisodia, the former deputy chief minister of Delhi, the man credited with having made remarkable improvements to government school education, and a man with a previously unchallenged reputation for honesty, is under arrest. He is accused of corruption in the Delhi liquor case. His bail application has been kicked from the trial court to the top court and is back in the trial courts again.

In Sisodia’s case, politics and the law complicate matters. The Opposition alleges the central government is using investigative agencies to harass Opposition politicians. The Aam Aadmi Party says the Sisodia case is an example of this. Sisodia has been charged by the Enforcement Directorate, which is responsible for investigating money laundering cases, a charge Sisodia faces. Can we say all is well with a legal system when many Indians believe these agencies could be misused in this way?

What about Parliament? One of the most important debates in any Parliament should be the budget discussion. This year, Parliament has been so unruly that the budget was passed without discussion and once again, the session of Parliament was cut short, now a common practice.

This disrespect for Parliament was started by the Bharatiya Janata Party when it was in the Opposition, and it was picked up by the Congress parliamentarians when they sat on the Opposition benches. Parliament has become a place to protest, where debate and discussion are drowned by bawling and bellowing. Politicians make extraordinary efforts to get elected to Parliament, but don’t worry about what happens when they get there.

There is no shortage of learned and honest Indian lawyers and judges. There are genuinely committed Members of Parliament (MPs). So why don’t lawyers get together to arrest the deterioration of the courts? Why don’t politicians restore the dignity of Parliament?

Those institutions are crucial to the present and the future of democracy. Farmers taught MPs what they thought of legislation passed without proper review by Parliament. However, the failure to discuss the budget in Parliament indicates that MPs have not learnt that lesson. Are lawyers doing any better? There seems to be no evidence of that.

The views expressed are personal.