Monday, 27 December 2021

The Story of Indian Democracy

💊THE STORY OF INDIAN DEMOCRACY 


What is Democracy? 

Democracy is when people have the power to choose their leaders. Common man has a say in the government’s works or choosing the representatives. We are all familiar with the idea that democracy is a government of the people, by the people, and for the people. 

Democracies fall into two basic categories which are: Direct Democracy and Representative Democracy.

1. Direct Democracy : All citizens, without the intermediary of elected or appointed officials, can participate in making public decisions. Such a system is clearly only practical with relatively small numbers of people.

2. Representative Democracy : Citizens elect officials to make political decisions, formulate laws, and administer programmes for the public good. Every citizen has the important right to vote for her/his representative. People elect their representatives to all levels from Panchayats, Municipal Boards, State Assemblies and Parliament.

The concepts of participatory democracy and decentralised governance are popular.

I). Participatory Democracy : Participate in major decision making and they elect their government.

ll). Decentralised Governance : Democratic decentralisation system of governance, where power is divided among levels and each level has its own powers and authority (duties, responsibilities) e.g. Panchayati Raj.


The Indian Constitution

1. The Core Values of Indian Democracy

  • Social change in modern India is not just about Indian or western ideas. It is a combination as well as reinterpretation of western and Indian ideas. The use of both modern ideas of equality and traditional ideas of justice. Democracy is no exception. 
  • Is democracy just about political freedom? Or is it also about economic freedom and social justice? Is it also about equal rights to all irrespective of caste, creed, race and gender? And if that is so how can such equality be realised in an unequal society? Answers to all these questions were answered in the karachi session in 1928. Also known as Karachi Resolution in which ideas were put together and later put into the constitution, fundamental rights were taken from these ideas.

2. Fundamental Rights ( Karachi Resolution-1931)

  • All religions are equal : Everyone has the right to choose his/her religion Everyone should be free to elect, and vote for his/her representatives. Women can also work and can exercise their rights. Right to Freedoms—Justice to all.

3. Constituent Assembly Debates

  • In August 1946, The Indian National Congress’ Expert Committee moved a resolution in the Constituent Assembly. This contained the declaration that India shall be a Republic where the declared social, economic and political justice will be guaranteed to all the people of India.
  • Issues debated ranged from right to employment, to social security, land reforms to property rights, to the organisation of panchayats. Here are some snippets from the debates:
    • (i). Right to useful employment
    • (ii). Functions of government as justiciable and non justiciable
    • (iii). Land reforms
    • (iv). Tribal people and their interests
    • (v). Village panchayats
    • (vi). Promotion of Cottage industry , agriculture and animal husbandry on modern lines etc.

4. The Constitution and Social Change

  • The multi-religious and multicultural composition of the population with distinct streams of tribal culture is one aspect of the plurality. Many divides classify the Indian people. 
  • The impact that culture, religion, and caste have on the urban–rural divide, rich-poor divide and the literate-illiterate divide is varied. Deeply stratified by caste and poverty, there are groupings and sub-groupings among the rural poor.
  • The urban working class comprises a very wide range. Then, there is the well organised domestic business class as also the professional and commercial class. The urban professional class is highly vocal.
  • Competing interests do not always reflect a clear class divide and operate on the Indian social scene and clamour for control of the State’s resources.
  • Eg:, the issue of the close down of a factory because it emits toxic waste and affects the health of those around. This is a matter of life, which the Constitution protects. The flipside is that the closure will render people jobless. Livelihood again, is a matter of life that the Constitution protects.
  • It is interesting that at the time of drawing up the Constitution, the Constituent Assembly was fully aware of this complexity and plurality but was intent on securing social justice as a guarantee.

5. Constitutional Norms and Social Justice : Interpretation to Aid Social Justice

  • The essence of law is its force. Law is law because it carries the means to coerce or force obedience. The power of the state is behind it.
  • The essence of justice is fairness. Any system of laws functions through a hierarchy of authorities.
  • The Indian Constitution is India’s basic norm. All other laws are made as per the procedures the Constitution prescribes. These laws are made and implemented by the authorities specified by the Constitution.
  • A hierarchy of courts (which too are authorities created by the Constitution) interpret the laws when there is a dispute. The Supreme Court is the highest court and the ultimate interpreter of the Constitution.
  • The Supreme Court has enhanced the substance of Fundamental Rights in the Constitution in many important ways.

(a). The Constitution and Social Justice

  • The Constitution is not just a ready reference of do’s and don’ts for social justice. It has the potential or the meaning of social justice to be extended.
  • Social movements have also aided the Courts and authorities to interpret the contents of rights and principles in keeping with the contemporary understanding on social justice.
  • The Constitution remains a means to channelise and civilise political power towards social welfare. 
  • The Constitution has the capacity to help people because it is based on basic norms of social justice.
  • For instance, the Directive Principle on village panchayats was moved as an amendment in the Constituent assembly by K. Santhanam.



The Panchayat Raj and the Challenges of Rural Social Transformation

A). Ideals of Panchayat Raj

  • Panchayati Raj translates literally to ‘Governance by five individuals’.
  • The idea is to ensure at the village or grass root level a functioning and vibrant democracy.
  • While the idea of grassroot democracy is not an alien import to our country, in a society where there are sharp inequalities democratic participation is hindered on grounds of gender, caste and class.
  • Traditionally there have been caste panchayats in villages. But they are represented as dominant groups.
  • They often held conservative views and often have, and continue to take decisions that go against both democratic norms and procedures.
  • When the constitution was being drafted panchayats did not find a mention in it. As B R Ambedkar was the head of assembly. There were a lot of debates on various issues e.g. When Panchayati Raj was suggested B R Ambedkar was against it because there would be more divisions among castes.
  • The concept of local government was dear to Gandhiji too. He envisaged each village as a self-sufficient unit conducting its own affairs and saw gram-swarajya to be an ideal model to be continued after independence.
  • It was, however, only in 1992 that grassroots democracy or decentralised governance was ushered in by the 73rd Constitutional Amendment. This act provided constitutional status to the Panchayati Raj Institutions.

B). Panchayat Raj Institution

  • The structure of the three tier system of Panchayat Raj Institution is like a pyramid. At the base of the structure stands the unit of democracy or Gram Sabha followed by the Panchayat Samiti or Gram Panchayat and then the Zila Parishad.
  • This consists of the entire body of citizens in a village or grama. It is this general body that elects the local government and charges it with specific responsibilities. 
  • The Gram Sabhas ideally ought to provide an open forum for discussions & village level development activities & play a crucial role in ensuring inclusion of the weaker sections in the decision-making processes. 
  • The 73rd Amendment provided a three-tier system of Panchayati Raj for all states having a population of over twenty lakhs. It became mandatory that election to these bodies be conducted every five years.
  • It provided reservation of seats for the SC, Scheduled Tribes and thirty three percent seats for women.
  • It constituted the District Planning Committee to prepare drafts and develop plans for the district as a whole.
  • The 73rd and 74th amendments provided : Ensured the reservation of one third of the total seats for women in all elected offices of local bodies in both the rural and urban areas. Out of this, 17 percent seats are reserved for women belonging to the scheduled castes and tribes.
  • This amendment is significant as for the first time it brought women into elected bodies which also bestowed on them decision making powers. One third of the seats in local bodies, gram panchayats, village panchayats, municipalities, city corporations and district boards are reserved for women.
  • A constitutional amendment prescribed a three-tier system of local self-governance for the entire country, effective since 1992-93.

C). Powers and Responsibilities of Panchayats

  • Panchayats should be given powers and authority to function as institutions of self-government. It, thus, requires all state governments to revitalise local representative institutions.
  • The following powers and responsibility were delegated to the Panchayats:
    • - To prepare plans and schemes for economic development
    • - To promote schemes that will enhance social justice
    • - To levy, collect and appropriate taxes, duties, tolls and fees help in the devolution of governmental responsibilities, especially that of finances to local authorities. 
  • Social welfare responsibilities: The maintenance of burning and burial grounds Recording statistics of births and deaths, establishment of child welfare and maternity centres, Control of cattle pounds, Propagation of family planning, Promotion of agricultural activities.
  • Development activities: The construction of roads, public buildings, wells, tanks and schools.
    • - They also promote small cottage industries and take care of minor irrigation works.
    • - Many government schemes like the Integrated Rural Development Programme (IRDP) and Integrated Child Development Scheme (ICDS) are monitored by members of the panchayat. 
  • Income of the Panchayats: The main income of the Panchayats is from tax levied on property, profession, animals, vehicles, cess on land revenue and rentals.
  • The resources are further increased by the grants received through the Zilla Panchayat. It is also considered compulsory for Panchayat offices to put up boards outside their offices, listing the break up of funds received, and utilisation of the financial aid received.
  • This exercise was taken up to ensure that people at the grassroot level should have the ‘right to information’ – opening all functioning to the public eye.
  • People had the right to scrutinise allocation of money. And ask reasons for decisions that were taken for the welfare and development activities of the village.
  • Nyaya Panchayats: Nyaya Panchayats have been constituted in some states.
    • - They possess the authority to hear some petty, civil and criminal cases.
    • - They can impose fines but cannot award a sentence.
    • - These village courts have often been successful in bringing about an agreement amongst contending parties. They have been particularly effective in punishing men who harass women for dowry and perpetrate violence against them.

D). Panchayat Raj in Tribal Areas

  • Tribal areas like Kahsis, Jaintias and Garos in Meghalaya have their own traditional political institutions that have existed for hundreds of years.
  • These political institutions were fairly well-developed and functioned at various tiers, such as the village level, clan level and state level. For instance, in the traditional political system of the Khasis each clan had its own council known as the ‘Durbar Kur’ which was presided over by the clan headman.
  • Though there is a long tradition of grassroot political institutions in Meghalaya, a large chunk of tribal areas lie outside the provisions of the 73rd Amendment. This may be because the concerned policy makers did not wish to interfere with the traditional tribal institutions.
  • However, as sociologist Tiplut Nongbri remarks that tribal institutions in themselves need not necessarily be democratic in its structure and functioning.
  • The strong egalitarian ethos characterises tribal societies and thus the element of stratification is not altogether absent.
  • Tribal political institutions are not only marked by open intolerance to women but the process of social change has also introduced sharp distortions in the system, making it difficult to identify which is traditional and which is not.

E). Democratisation and Inequality

  • Democratisation is not easy in a society that has had a long history of inequality based on caste, community and gender.
  • Given this unequal and undemocratic social structure, it is not surprising that in many cases, certain members belonging to particular groups, communities, castes of the village are not included or informed about meetings and activities of the village.
  • The Gram Sabha members are often controlled by a small coterie of rich landlords usually hailing from the upper castes or landed peasantry. They make decisions on development activities, allocate funds, leaving the silent majority as mere onlookers.



Political Parties, Pressure Groups and Democratic Politics

In a democratic form of government political parties are key actors.

Political party : It is defined as an organisation oriented towards achieving legitimate control of government through an electoral process. Political Party is an organisation established with the aim of achieving governmental power and using that power to pursue a specific programme. Political parties are based on a certain understanding of society and how it ought to be. In a democratic system the interests of different groups are also represented by political parties, who take up their case.

Pressure groups: Different interest groups work towards influencing political parties to take up their case. When certain groups feel that their interests are not being taken up, they may move to form an alternative party. Or they form pressure groups who lobby with the government. It would be more accurate to suggest that the dominant class or classes control the state, but social movements and pressure groups also continue to play a very important role in a democracy. 



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