Indian democracy reality and myth.pdf

15
Indian Democracy: reality or myth? Author(s): Soli J. Sorabjee Source: India International Centre Quarterly, Vol. 33, No. 2 (AUTUMN 2006), pp. 83-96 Published by: India International Centre Stable URL: http://www.jstor.org/stable/23005873 . Accessed: 06/09/2014 03:03 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. . India International Centre is collaborating with JSTOR to digitize, preserve and extend access to India International Centre Quarterly. http://www.jstor.org This content downloaded from 14.139.122.40 on Sat, 6 Sep 2014 03:03:48 AM All use subject to JSTOR Terms and Conditions

description

Indian democracy reality and myth.pdf

Transcript of Indian democracy reality and myth.pdf

  • Indian Democracy: reality or myth?Author(s): Soli J. SorabjeeSource: India International Centre Quarterly, Vol. 33, No. 2 (AUTUMN 2006), pp. 83-96Published by: India International CentreStable URL: http://www.jstor.org/stable/23005873 .Accessed: 06/09/2014 03:03

    Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp

    .

    JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact [email protected].

    .

    India International Centre is collaborating with JSTOR to digitize, preserve and extend access to IndiaInternational Centre Quarterly.

    http://www.jstor.org

    This content downloaded from 14.139.122.40 on Sat, 6 Sep 2014 03:03:48 AMAll use subject to JSTOR Terms and Conditions

  • Soli J. Sorabjee

    Indian Democracy: reality or myth?*

    I

    I

    selected the present topic for the lecture because V.M.Tarkunde

    had an abiding faith in democracy and firmly believed in the

    importance of adhering to democratic values.

    No political term has been abused so indiscriminately as

    'democracy'. It is amusing to notice patently totalitarian regimes

    flaunting the democratic label. I do not propose to indulge in semantics

    and regale you with various definitions of democracy, because I have

    in mind T.S. Eliot's quip that 'when a term has become so universally sanctified as "democracy" I begin to wonder whether it means

    anything, in meaning too many things'.

    Etymologically, democracy means the power of the people. Government of the people, by the people, for the people, is the

    sovereign definition of democracy. Even if democracy cannot be

    precisely and comprehensively defined we can recognize it by some

    of its essential features in action.

    Regular, fair and free elections are the fundamental unmistakable

    indicia of democracy. The foundation of democracy is that people have

    the right to vote freely and fearlessly and thus rule through their

    elected representatives. Churchill, in felicitous language, said: 'At the

    bottom of all tributes paid to democracy is the little man, walking into a little booth, with a little pencil, making a little cross, on a little

    bit of paper.' Justice Hugo L. Black of the United States Supreme Court

    articulated a central tenet of democratic governance when he said:

    * Delivered at the India International Centre on 25 July 2006, as the First V.M. Tarkunde

    Memorial Lecture

    This content downloaded from 14.139.122.40 on Sat, 6 Sep 2014 03:03:48 AMAll use subject to JSTOR Terms and Conditions

  • 84 / India International Centre Quarterly

    'No right is more precious in a free country than that of having a

    voice in the election of those who make the laws under which we must live.'

    Let us turn now to the ground realities. The undeniable fact is that corruption and criminalization have bedevilled the process of free and fair elections. The power and tyranny of wealth combined

    with muscle force have subverted the system. In some parts of the

    country, democracy is treated as a harlot to be picked up in the street

    by a man with an AK-47. There are blatant and pervasive breaches of

    the law prescribing a ceiling on election expenses. Potential lawmakers

    begin their political careers as unashamed lawbreakers. The limits of election expenditure prescribed are meaningless and almost never

    adhered to. Political parties, which have a fair share of the criminal

    elements, handle enormous funds, believed to be unaccounted illicit

    money, collected ostensibly for meeting party and electoral

    expenditure. Electoral compulsions for funds become the foundation of the super structure of corruption. As a result, it becomes difficult

    for the good and the honest to contest elections and gain entry into Parliament and the state legislatures.

    Election laws at present in force permit persons with colourful

    criminal backgrounds to contest elections. The recommendations of the National Commission to Review the Working of the Constitution

    (NCRWC), and also of the Law Commission that persons against whom charges have been framed by a court of law should be

    disqualified from contesting elections have not at all been heeded. For this all political parties have to bear their proportionate share of

    blame. The consequence is the disgusting spectacle of history sheeters and criminals in Parliament and state legislatures, and worse, also in

    the Cabinet making laws and ruling us and our children.

    Barring honourable exceptions, the prime motivation of these

    elected representatives of the peoplethe supposed servants of the

    peopleis to recoup the illegally incurred election expenses. The

    notion of rendering service to the nation appears strange and is alien

    to their thinking. Thus, money power and criminal elements have thoroughly

    criminalized politics and have contributed to the pervasive

    degeneration of standards in political and also in public life. This is

    reflected in the shoddy quality of governance and of the governing processes.

    This content downloaded from 14.139.122.40 on Sat, 6 Sep 2014 03:03:48 AMAll use subject to JSTOR Terms and Conditions

  • Sou J. Sorabjee / 85

    Again, barring a few exceptions, we have legislators who

    apparently answer the description given by Sri Aurobindo who

    referred to the average politician in words which have striking relevance today:

    ...he does not represent the soul of a people or its aspirations. What he does usually represent is all the average pettiness, selfishness, egoism, self-deception that is about him and these he

    represents well enough as well as a great deal of mental

    incompetence, timidity and pretence. Great issues often come to him for decision, but he does not deal with them greatly; high words and noble ideas are on his lips, but they become rapidly the claptrap of a Party.

    In view of this state of affairs, one wonders whether what we have is

    democracy or mobocracy in action. Whatever the nomenclature, this

    makes a mockery of democracy and leads people to conclude that

    democracy in India is a glorified myth. If democracy is to be made a reality, the cleansing of public life is

    absolutely imperative. A beginning should be made with the law

    relating to defections which cries out for an urgent change. Defection

    is the worst form of political immorality. A defector commits a breach

    of faith with the electorate. Defection in any form must not be

    countenanced nor permitted, be it by a merger of political parties or

    other stratagems. A defector should be debarred from holding any ministerial post or any public office, thereby removing a strong incentive for defection. Moreover, the question of disqualification of

    a member on account of his alleged defection should not be decided

    by the Speaker. My personal experience has shown that Speakers of

    some State Assemblies do not display the requisite impartiality and

    independence expected of them.

    Let me give you an amusing example. I was briefed in a matter

    where the issue involved was the disqualification of a member on

    account of his joining another political party. During the conference I

    enquired about the various persons in my chambers. One of them

    turned out to be the Speaker whose order was being questioned before

    the Court. I asked him, 'Mr. Speaker, why are you here in the

    conference?' He replied with gusto, 'Sir, I am on the Chief Minister's

    side, am on your side.' I had to politely but firmly tell him, 'Mr.

    Speaker, you are not supposed to be on the side of anyone.' I whispered to my instructing advocate, Praveen Parekh, in Gujarati that he may ask the Speaker to leave my chambers, which he did. The Speaker

    This content downloaded from 14.139.122.40 on Sat, 6 Sep 2014 03:03:48 AMAll use subject to JSTOR Terms and Conditions

  • 86 / India International Centre Quarterly

    was furious and complained to the Chief Minister that 'Sorabjee insulted me and did not take my assistance in the matter.' So much

    for his independence and impartiality! I believe that the convention that a person on being elected as a

    Speaker should sever his political ties with the party to which he

    previously belonged should be made a legal requirement. Besides, in

    view of the experience of the working of the tenth Schedule in the

    Constitution, which deals with defections, an amendment is necessary to provide that the power to decide questions of disqualification on

    the ground of defection, should be entrusted to the Election

    Commission instead of the Chairman or Speaker of the House

    concerned as at present. That was one of the recommendations of the

    NCWRC. It has been ignored once more.

    II

    I

    now turn to the lack of representational legitimacy. The

    multiplicity of political parties, combined with our Westminster

    model based on the first-past-the-post system results in a majority of legislators getting elected on a minority vote. They usually win by

    obtaining less than 50 per cent of the votes cast, that is, with more

    votes cast against them than in their favour. There are states where 85

    per cent to 90 per cent of the legislators have won on a minority vote.

    At the national level, in the last three Lok Sabha elections, the

    proportion of MPs who have won on a minority vote is over 67 per cent on an average. In extreme cases, some candidates have won even

    on the basis of 13 per cent of the votes polled. Thus Parliament and

    the state legislatures, owing to the inherent weaknesses of the first

    past-the-post electoral system, have not acquired a true representative character. The thirteenth Lok Sabha represented only 27.9 per cent of

    the total electorate. This low representative character of the

    legislatures, even after more than fifty years of independence, casts

    serious doubt about the reality of democracy. Another serious problem in the functioning of democracy is voter

    apathy owing to a deep disenchantment with the working of the

    institutions of democracy. People seem almost to have resigned to

    what they consider their inevitable fate. This attitude of fatalism

    coupled with cynicism is detrimental to democracy, and is also partly

    responsible for the fact that corrupt and undesirable persons get elected

    This content downloaded from 14.139.122.40 on Sat, 6 Sep 2014 03:03:48 AMAll use subject to JSTOR Terms and Conditions

  • SOU J. SORABJEE / 87

    and rule us and the future generations. The right to vote, of making the little cross on the little bit of paper is a precious right and must be exercised with a full sense of responsibility. Votes should not be cast on the basis of the religion or caste or lineage of the candidate, but on his or her individual merit. Casting votes for candidates with a

    colourful criminal record is a sacrilege, an affront to honest law-abiding

    people. Indeed, it is the citizens' ethical obligation to reject such

    candidates.

    It is forgotten that a citizen's obligation in a democracy is not

    discharged by the exercise of franchise once in five years and thereafter

    retiring in passivity and not taking any interest in the working of the

    government and enforcing its accountability. Accountability is to be

    enforced not merely at the time of elections, but during the life of the

    government in power. Otherwise, democracy becomes merely a

    ritualistic exercise in voting and not a continuous process of

    government by the people. M.N. Roy believed that to make democracy effective, people should exercise this right not periodically, but from

    day to day. This is a rather tall order. However, what Roy wanted to

    emphasize was that an alert and active citizenry is essential to ensure

    the successful functioning of participatory democracy and making it

    a reality. I would be presenting a lop-sided picture if I did not mention

    some positive developments, one of which is the widening of the

    democratic base with the formation of elected panchayati raj institutions. Another significant feature is that representation in the

    legislatures has become more egalitarian. The composition of

    Parliament and the state legislatures, in terms of the width of social

    representation is moving in the right direction. The seventy-third and

    seventy-fourth amendments to the Constitution ensuring the

    reservation of one-third of seats for women in elections to village panchayats and municipalities have provided a welcome impetus to

    democracy. The recent entry in Parliament of young, intelligent and

    dedicated persons is another encouraging development. The most heartening feature is the willingness to abide by the

    electoral verdict after a free and fair election. No government in India

    has hung on to power after the electorate has rejected it. There has

    been an orderly succession after every electoral verdict. This is a vital

    distinctive feature of democracy which distinguishes it from a

    dictatorship.

    This content downloaded from 14.139.122.40 on Sat, 6 Sep 2014 03:03:48 AMAll use subject to JSTOR Terms and Conditions

  • 88 / India International Centre Quarterly

    Our founding fathers were aware of the vast disparities in wealth

    and income of our people. Their anxiety that the operation of the

    economic system does not result in the concentration of wealth is

    reflected in Directive Principle 39(c) of the Constitution, namely, 'that

    the operation of the economic system does not result in the

    concentration of wealth and means of production to the common

    detriment'. While winding up the debate in the Constituent Assembly on 25 November 1949, before the Constitution was finally adopted, Dr. Ambedkar pointed out the perils of what he described as a life of

    contradictions in these memorable words:

    On 26th January, 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality. In politics we will be

    recognising the principle of one man one vote and one vote one value. In our social and economic life, we shall by reason of our social and economic structure, continue to deny the principle of one man one value. How long shall we continue to deny equality in our social and economic life? If we continue to deny it for long, we will do so only by putting our political democracy in peril. We must remove this contradiction at the earliest possible moment else those who suffer from inequality will blow up the structure of democracy which this Constituent Assembly has so laboriously built up.

    Wide disparities in wealth and income persist, nay have

    increased, and may be accentuated in the wake of unregulated

    globalization. The anguished question posed by Dr. Ambedkar

    continues to haunt us. His warning has been ignored. How long shall

    we dither in getting rid of this life of contradictions?

    In an article published in July 1974 in the Radical Humanist, Tarkunde advocated the 'adoption of income policies and taxation

    laws which would contain disparities of income and wealth within

    comparatively narrow limits'. It was his strong belief that 'equality

    requires that "fair shares" in the national product should be available

    to all and that excessive disparities of income and wealth should be

    prevented' [emphasis added].

    Regrettably, the sordid phenomenon of the concentration of

    wealth in the hands of a few families and industrial houses whilst the

    majority of our people can hardly eke out a decent existence still

    persists. Motor cars like the Lamborghini and Rolls Royce, each valued

    at between Rs. 2 and 4 crores, have been imported and have been

    This content downloaded from 14.139.122.40 on Sat, 6 Sep 2014 03:03:48 AMAll use subject to JSTOR Terms and Conditions

  • Soli J. Sorabjee / 89

    rapidly picked up by some persons overflowing with unbounded

    wealth. I do not resent their wealth, but am distressed that thanks to

    the hideous working of our system the common person cannot afford

    to buy and possess even an auto. We are witness to the disgusting

    spectacle of lakhs of rupees being spent by some plutocrats on social

    occasions like weddings with pomp and splendour in sharp contrast

    to the conditions of the majority of the people living across the street

    in dingy dwellings and in unhealthy surroundings. Is this democracy or plutocracy? Why, then, are we surprised that Naxalites are gaining

    ground? I am surprised that there are not more Naxalites when we

    have provided a fertile soil for their proliferation. At the end of fifty years, despite the growth record, the backlog

    of poverty in our country is enormous and human deprivations are

    immense. We must remember that poverty is a potent violator of

    human rights. To many the taste of democracy is bitter because its

    fullness is denied to them. 'We can have democracy or we can have

    concentration of wealth in the hands of a few. We cannot have both.'

    This was not said by a die-hard Marxist, but the great American judge and jurist, Louis Brandeis. Securing economic and social justice is a

    moral imperative for any democracy. Failure to do so results in

    disillusionment with democracy and leads to emergence and ultimate

    acceptance of authoritarian regimes. Social justice, which is reflected

    in the Preamble to our Constitution, and is the signature tune of our

    Constitution, is still a distant dream. And without social justice

    democracy cannot be a reality: it is a fashionable myth.

    Ill

    I

    would now like to address another feature of our democratic

    polity. In one of his essays, Arthur M. Schlesinger Jr. has pointed out theiperils of hero worship: namely, the surrender of decision,

    the unquestioning submission to leadership, the prostration of the

    average person before the Great Man or Woman and how these are

    fatal to human dignity. Roy, too, deprecated the cult of hero worship which is endemic in our country, and where the personality cult is

    ever flourishing. There is nothing wrong in admiring our leaders as

    heroes and heroines. However, the risk is that in the process there is a

    tendency to entrust such persons with vast powers and uncritically

    This content downloaded from 14.139.122.40 on Sat, 6 Sep 2014 03:03:48 AMAll use subject to JSTOR Terms and Conditions

  • 90 / India International Centre Quarterly

    accept the exercise of these powers by them without insisting on

    accountability. Dr. Ambedkar was aware of these lurking dangers. In the

    Constituent Assembly he underlined the importance of observing the

    caution which John Stuart Mill had uttered to all who are interested

    in the maintenance of democracy, namely, 'not to lay their liberties at

    the feet of even a great man, or to trust him with powers which enable

    him to subvert their institutions'. There is nothing wrong in being

    grateful to great leaders who have rendered life-long services to the

    country. But there are limits to gratitude. As has been well said by the

    Irish patriot Daniel O'Connell, 'No man can be grateful at the cost of

    his honour, no woman can be grateful at the cost of her chastity and

    no nation can be grateful at the cost of its liberty.' Dr. Ambedkar

    emphasized that this caution is far more necessary in the case of India

    than in the case of any other country because:

    ... in India, Bhakti or what may be called the path of devotion or hero worship, plays a part in its politics unequalled in magnitude, by the part it plays in the politics of any other country in the world. Bhakti in religion may be a road to the salvation of the soul. But in

    politics, Bhakti or hero worship is a sure road to degradation and to eventual dictatorship.

    These words have a prophetic ring. We did not heed them to our

    cost and had to suffer the imposition of the spurious June 1975

    emergency which was foisted on the country by a powerful charismatic

    leader. The slogan 'India is Indira and Indira is India' was chanted ad

    nauseam in the sycophantic hero worship of the leader. We paid the

    price. Democracy suffered a temporary demise in our country from

    June 1975 till March 1977 when it was restored. We must be on our

    guard that this phenomenon, which is fatal to human dignity and

    eventually leads to dictatorship, does not recur. We have had enough of dynastic rule.

    In one of his writings Tarkunde perceptively pointed out that:

    ...the reason why authoritarianism appears to be always round the corner in India is that the majority of the people in the country continue to hanker for a saviour who will lift them from the mire of poverty and provide them with the means for a decent human existence. The attitude they have in politics is similar to the attitude

    they have in religious affairs. It is not an accident that there are numerous holy pretenders in India with large followings.

    This content downloaded from 14.139.122.40 on Sat, 6 Sep 2014 03:03:48 AMAll use subject to JSTOR Terms and Conditions

  • Soli J. Sorabjee/ 91

    Democracy has wider moral implications than mere

    majoritarianism. A crude statistical view of democracy gives a

    distorted picture. A real democracy is one in which the exercise of the

    power of the many is conditional on respect for the rights of the few

    and especially of the minorities. Pluralism is the soul of democracy. The right to dissent is the hallmark of a democracy, indeed its

    very essence. In a real democracy the dissenter must feel at home and

    ought not to be nervously looking over his shoulder fearing captivity or bodily harm, or economic and social sanctions for his

    unconventional or critical views. There should be freedom to express the thought we hate. Freedom of speech has no meaning if there is no

    freedom after speech. The reality of democracy is to be measured by the extent of freedom and accommodation it extends, in the words of

    our Supreme Court in its celebrated decision in S. Rangarajan:

    .. .not merely to ideas that are accepted but those that offend, shock or disturb the State or any sector of the population because such are the demands of the pluralism, tolerance and broadmindedness without which there is no democratic society.

    In my opinion, of all the threats to our democracy the gravest is

    the rise of fanaticism and intolerance all round, which has assumed

    menacing proportions. In a free democratic society tolerance is vital

    especially in large and complex societies comprising people with

    varied beliefs and interests. An intolerant society does not brook

    dissent. An authoritarian regime cannot tolerate the expression of ideas

    which challenge its doctrines and ideology in the form of writings,

    plays, music or paintings. Intolerance is utterly incompatible with

    democratic values.

    The rise of intolerance all round is alarming. It is not confined to

    any particular political party or group or sect. Any criticism of Madame

    Sonia Gandhi and her style of functioning by any Congress person is

    visited with unpleasant consequences. You will recall that Sharad

    Pawar and Sangma, when they were members of the Congress party, had proposed that a person of non-Indian origin should be ineligible to hold high offices under our Constitution including that of the prime minister. The proposal was obviously designed to preclude Sonia

    Gandhi from becoming the prime minister of India. This led to a

    frightening outburst of anger in the Congress. Effigies of Pawar and

    Sangma were burnt, and if they had attended the Congress Working

    This content downloaded from 14.139.122.40 on Sat, 6 Sep 2014 03:03:48 AMAll use subject to JSTOR Terms and Conditions

  • 92 / India International Centre Quarterly

    Committee, which was to be held at that time, they would have been

    lynched. No one can criticize the supremo, Bal Thackeray, without

    incurring the wrath of the Shiv Sainiks. It is depressing that we have reached a stage where even the moderate expression of a different

    point of view is met with hostility. Of late, there have been vociferous demands for bans. The banning itch has become infectious. Sikhs are

    offended by certain words in the title of a film; Christians want the film Da Vinci Code banned because they find it hurtful. No one dare write an authentic and critical biography of a revered religious or

    political leader. The American author, Laine, who wrote a biography of Shivaji in which there were unpalatable remarks about Shivaji was

    sought to be prosecuted, and there was a ridiculous demand for his extradition. Worse, the prestigious Bhandarkar Institute at Pune where Laine had worked and done some research was vandalized by bigots and invaluable manuscripts were destroyed. This was fascism at its worst and a fatal blow to our democracy. The Taliban was emulated.

    Take the recent instance of intolerance displayed towards the actor Aamir Khan. One may disagree with his views or his lending support to the Narmada Bachao Aandolan movement and criticize him severely. However, to burn his posters and to prohibit the

    screening of his films and subject him in Gujarat to social and economic sanctions is the height of intolerance. This attitude is totally antithetical to our Indian psyche and tradition. Our Supreme Court, speaking through Justice Chinnappa Reddy in the Jehova's Witnesses' case, has rightly reminded us that: 'Our tradition teaches tolerance; our

    philosophy preaches tolerance; our Constitution practises tolerance. Let none dilute it.'

    It must be realized that intolerance has a chilling, inhibiting effect on freedom of thought and discussion. In the absence of tolerance,

    healthy and vigorous debate and frank discussion are no longer possible. The consequence is that dissent dries up; when that happens democracy loses its essence and reality. There is an urgent need to combat intolerance and the deadly threat it poses to the democratic fabric of our nation with all our might. The practice of tolerance in our multireligious, multicultural nation must be regarded as a fundamental duty of every citizen, and must be actively encouraged and performed if we are to make our pluralist democracy a living, robust reality.

    This content downloaded from 14.139.122.40 on Sat, 6 Sep 2014 03:03:48 AMAll use subject to JSTOR Terms and Conditions

  • Soli J. Sorabjee / 93

    IV

    The

    collapse of the criminal justice system is a tragic indisputable fact. The judicial system has not been able to meet even the

    modest expectations of the society. Its delays and costs are

    frustrating, its processes slow and uncertain. People are pushed to

    seek recourse to extra-legal methods for relief. Trial systems, both on

    the civil and criminal side, have broken down. Access to justice is not

    a reality; it has become a cruel slogan. After this dismal picture, it may well be concluded that

    democracy has withered away in our country and there can be only one answer to the question posed in the title of this talk. However, that is not so because even though the firmament is dark and

    depressing, there are rays of hope, there is a silver lining. There is no

    dearth of criticism, at times virulent, and often ill-informed about our

    judiciary. Yet, paradoxically, it is the institution of an independent

    judiciary which has prevented the collapse of democracy and made it

    a reality. It has done so by steadfastly upholding the Rule of Law

    which sustains democracy. Accountability is the sine qua non of

    democracy. Our judiciary has enforced the accountability of the

    holders and wielders of power on several occasions. It has acted on

    the dictum that 'however high you may be the law is above you' and

    has done so irrespective of the status of any person or authority.

    Recently, a minister in the Maharashtra Cabinet was sentenced to one

    month's imprisonment for committing a breach of a Supreme Court order passed for protection of environment.

    Another judicial contribution is the development of Public

    Interest Litigation (PIL). The occasional aberrations and abuse of PIL

    should not blind us to the fact that, thanks to PIL, numerous under

    trial prisoners languishing in jails for inordinately long periods have

    been released; persons treated like serfs and held in bondage have

    secured their freedom and have been rehabilitated; inmates of care

    homes and mental asylums have been restored their humanity; and

    the condition of workers in stone quarries and young children working in hazardous occupations has undergone a humanizing change. Women who are the victims of sexual harassment have secured relief.

    Juristic activism in the arena of environmental and ecological issues

    and accountability in the use of hazardous technology has been made

    possible and has yielded salutary results. Fundamental rights have

    become living realities, to some extent, for at least some indigent,

    This content downloaded from 14.139.122.40 on Sat, 6 Sep 2014 03:03:48 AMAll use subject to JSTOR Terms and Conditions

  • 94 / India International Centre Quarterly

    disadvantaged and exploited segments of Indian humanity. The most

    heartening feature is that courts have started taking human suffering

    seriously and are responding to it with sensitivity. A free and independent press also enforces accountability by

    exposing malfeasance and lapses in administration and thus functions

    as an instrument of democratic control by enabling citizens to call

    upon their rulers to account for their actions. Furthermore, the press

    gives voice to the voiceless, hope to the hopeless and the exploited

    segments of our society whose plight is unknown till the press brings it to our notice.

    No doubt the press acts irresponsibly at times, indulges in

    sensationalism and unjustifiably violates the privacy of individuals.

    Yet, no human institution is perfect. Demands for stringent restrictions

    on the press are unwarranted. In the words of Madison: 'It is better to

    leave a few of its noxious branches to their luxuriant growth, than, by

    pruning them away, injure the vigour of those yielding the proper fruits.'

    It is my firm belief that, but for an independent judiciary and a

    free press, democracy would have disappeared from our midst long

    ago. What makes our democracy a reality is the adherence to the Rule

    of Law by our judiciary, and the enforcement of accountability of the

    wielders of power by the judiciary and a free press. It is these institutions which have given strength to our democracy and sustained it. It should be our endeavour to strengthen these institutions and

    remove anomalies and shortcomings, if any, in their functioning rather

    than weaken these institutions.

    V

    The

    real problem, the deep malaise lies in the fact that there is a

    collapse of values in public life. Unfortunately, we live in times

    when there are no men and women to match our Himalayan

    peaks, when our political system has more criminals, fixers and

    hypocrites per capita than at any time in our history. There is a crisis

    of confidence. There is a crisis of leadership. The foremost requirement is the restoration of confidence in the institutions of democracy. This

    needs a strong and enlightened national leadership that is able to cope with emergent problems boldly and decisively.

    This content downloaded from 14.139.122.40 on Sat, 6 Sep 2014 03:03:48 AMAll use subject to JSTOR Terms and Conditions

  • Sou J. Sorabjee / 95

    Let us not forget the elementary truth that the effectiveness of

    democracy rests not only upon knowledge and judgment, but upon character, a commodity in short supply Louis Brandeis rightly reminds

    us that 'democracy in any sphere is a serious undertaking. It is more

    difficult to maintain than to achieve. ... Success in any democratic

    undertaking must proceed from the individual'. It is only the morally mature and sensitive individual who will be determined to do away with slums, eliminate the ever-growing cancer of corruption and help lift the load from the poverty stricken. The prime need is to bring about a revolution in the mindset of the people. We need persons whom Roy calls 'detached individuals; spiritually free individuals'.

    We need in our public life persons like Tarkunde who did not

    hanker after fame and fortune. His top-most priorities were the welfare

    of the nation and the protection of the human rights of our people and, in particular, the rights of the minorities. He was keen that

    minorities enjoyed the full plenitude of the fundamental rights

    guaranteed to them under our Constitution and that they should not

    labour under any feeling of insecurity and discrimination. He

    possessed in abundant measure that rare and lovely virtuecourage which was visibly displayed during the dark days of the Emergency when many lawyers were reluctant, or afraid, to take up cases of the

    victims of illegal detentions under MISA. I can only lament with the

    poet Wordsworth and say: Tarkunde, 'thou shouldst have been living at this hour, the Nation hath need of thee'. I shall always remember

    my close association with him during that time, and also his advice

    and guidance. It was his persuasion to which I yielded and accepted the offer of the post of the Attorney General for India in 1998, which I

    had previously declined. Tarkunde was always toiling tirelessly day and night for the dissemination of humanist values of freedom, rationalism and secular morality. When I think of Tarkunde, I am

    reminded of the verse:

    The heights of great men reached and kept, Were not attained by sudden flight, But they, while their companions slept, Were toiling upwards in the night.

    Friends, after 56 years the lofty aims and aspirations and the

    pledges of our Founding Fathers have not been fulfilled. Yet there is

    no room for despondency or fatalism. Let us resolve today to redeem

    the unfulfilled pledges of our Founding Fathers. I know that this may

    This content downloaded from 14.139.122.40 on Sat, 6 Sep 2014 03:03:48 AMAll use subject to JSTOR Terms and Conditions

  • 96 / India International Centre Quarterly

    appear Utopian and that the task is stupendous. But the stakes too are

    stupendous: the survival of democracy in our land. Therefore in the Tarkunde spirit let us undertake cheerfully and undaunted the journey on that bumpy and difficult road with miles to go, always remembering that we have promises and pledges to keep before we

    go to sleep.

    This content downloaded from 14.139.122.40 on Sat, 6 Sep 2014 03:03:48 AMAll use subject to JSTOR Terms and Conditions

    Article Contentsp. [83]p. 84p. 85p. 86p. 87p. 88p. 89p. 90p. 91p. 92p. 93p. 94p. 95p. 96

    Issue Table of ContentsIndia International Centre Quarterly, Vol. 33, No. 2 (AUTUMN 2006), pp. 1-180Front MatterEDITORIALLinking Histories: the planning of New Delhi [pp. 1-12]Enshrining an Imperial Tradition [pp. 13-26]Imperial Delhi: imagined, imaged, iconicized [pp. 27-37]Photo EssayThe Authorised Version [pp. 38-56]

    INTERVIEWA Nice Man to Know [pp. 57-74]

    All the Teachings [pp. 75-82]Indian Democracy: reality or myth? [pp. 83-96]Making Truth Powerful [pp. 97-107]Climate Change and Global Warming [pp. 108-114]Primary Education and the Law [pp. 115-124]Court to Academy: Karnatik music [pp. 125-138]INTERVIEWA Blessed Life [pp. 139-156]

    BOOK REVIEWSHow Much is Enough? [pp. 157-160]The New American Empire? [pp. 161-163]Plaiting Patterns [pp. 164-170]Great Expectations [pp. 171-174]How Green is My Delhi? [pp. 175-177]

    Back Matter