There was a time when India was celebrated worldwide for its adherence to the rule of law. The Indian state functioned under the firm guidance of a constitution meticulously crafted by the nation’s founding fathers, many of whom, including Mahatma Gandhi, were trained as lawyers. Their legal expertise and commitment to justice ensured that rule of law was the foundation of Indian democracy.
However, this respect for the rule of law now seems like a distant memory. With the passage of time, as the founding leaders exited the scene, electoral politics began to overshadow the principles they stood for. Tragically, many of those who entered politics did so not with a vision to serve, but with the intention of exploiting the system for personal gain. The feudal structures that India had worked so hard to dismantle through the removal of zamindari and jagirdari reappeared in new forms—political dynasties and powerful “netas” who prioritized personal wealth over public service.
The erosion of India’s parliamentary democracy can be traced back to the crisis within the Indian National Congress following the death of Lal Bahadur Shastri. The old guard of the party struggled to adapt to the leadership of Indira Gandhi, leading to a split that forever altered Indian politics. The Indian National Congress became Congress (I), marking the beginning of family-controlled political parties. Electoral politics became more about slogans and empty promises than about governance. Party manifestos were reduced to formalities, with no intention of delivering on the promises made to the electorate.
With electoral politics came the entry of criminal elements. In urban slums, voters were coerced to vote en masse for certain candidates, while in rural areas, Panchayats dictated which way the villagers should cast their votes. The independence of the voter—a cornerstone of democracy—was eroded by these new political feudal lords.
True democracy is based on rule of law and accountability. In the early years of independent India, ministers took responsibility for their portfolios. Lal Bahadur Shastri, as Railway Minister, resigned after a train accident, holding himself accountable for the tragedy. Similarly, Finance Minister T.T. Krishnamachari resigned following the Mundhra scandal, even though he was not personally involved, because the issue fell under the purview of his ministry. These examples of accountability now seem like relics of a bygone era. Today’s politicians often look for scapegoats within the bureaucracy rather than accepting responsibility for failures.
India’s political system today suffers from two major afflictions: family control over political parties and the criminalization of politics. Political dynasties dominate the landscape, even in parties like the BJP, where many leaders lobby for their children to be given preferential treatment in election tickets. This makes it nearly impossible for visionary leaders to emerge from outside the system. Narendra Modi, in many ways, is a rare exception to this rule.
The entry of criminals into politics has also led to a complete subversion of the rule of law. Many politicians with criminal backgrounds manipulate the justice system to protect themselves, using their influence to sway outcomes in their favor. Their vision is not of public service, but of amassing wealth under the guise of representing the poor.
Over the past several years, the people of India have witnessed multiple scandals and have become painfully aware of how the nation’s resources have been looted through the subversion of the rule of law. In this atmosphere of helplessness, where democratic institutions seem unable to provide relief, the Supreme Court of India has emerged as the last bastion of hope. The Court has intervened on several occasions to protect the rule of law, most notably by ordering the disqualification of politicians facing serious criminal charges. This move was a beacon of hope for a nation fed up with criminal elements in its political system.
The failure of Parliament to address these issues has led the people to turn to the judiciary for solutions, even for matters like air pollution, which should be the responsibility of the executive branch. The government’s response to the Supreme Court’s orders has often been troubling. At one point, the government attempted to pass a bill that would nullify the Court’s order disqualifying politicians with criminal charges. This marked a sharp departure from the high ideals set by Mahatma Gandhi and the founding fathers of the nation.
India’s credibility as a nation that respects the rule of law has been severely damaged. The government’s reluctance to accept the Supreme Court’s ruling has only worsened the situation. How can the world trust India if its own government does not respect the judgments of its highest court?
In the midst of this political and legal turmoil, there is a silver lining: the President of India upheld his constitutional duty by refusing to ratify an ordinance that would have negated the Supreme Court’s order. This move signaled a commitment to preserving the rule of law in India.
As we celebrate Gandhi Jayanti, it is imperative that we reflect on the state of our democracy and renew our commitment to respecting the rule of law. The time has come for India to rid its political system of criminal elements and restore accountability in governance. Only by doing so can we honor the legacy of Mahatma Gandhi and ensure a brighter future for our nation. (ANI)