Ashwani Kumar: State Power Against Opposition Shrinks Democratic Space
Ashwani Kumar cautions against the use of state power to intimidate political opponents.
Photo by Elimende Inagella
Former Union Law Minister Ashwani Kumar cautioned that the use of state power to intimidate political opponents shrinks democratic space. In an interview, he discussed his new book, Guardians of the Republic: Essays on the Constitution, Justice and the Future of Indian Democracy, dedicated to former Prime Minister Manmohan Singh. Kumar noted a discernible drift towards a muscular state at the expense of a constitutional one, emphasizing the need for transformative leaders who engage constructively with Opposition criticism.
He also expressed concern over the Supreme Court’s decision denying bail to activists Umar Khalid and Sharjeel Imam in the 2020 Delhi riots case, calling it inconsistent with judicial precedent. Kumar also commented on the scope of the top court’s review jurisdiction, particularly regarding the 16th Presidential Reference.
Key Facts
Book: Guardians of the Republic
Author: Ashwani Kumar
Dedicated to: Manmohan Singh
UPSC Exam Angles
GS Paper II: Polity and Governance - Constitutional framework, separation of powers, fundamental rights
GS Paper II: Social Justice - Role of civil society, human rights issues
Potential question types: Analytical questions on the balance between state power and individual liberties, critical evaluation of judicial decisions
Visual Insights
Shrinking Democratic Space: Key Concerns
Visual representation of the concerns raised by Ashwani Kumar regarding the shrinking democratic space in India.
Shrinking Democratic Space
- ●State Power vs. Opposition
- ●Judicial Decisions
- ●Muscular State vs. Constitutional State
- ●Need for Transformative Leaders
More Information
Background
The concept of 'shrinking democratic space' has historical roots in the evolution of state power and its relationship with civil liberties. In ancient Greece, direct democracy flourished, but it was limited to a small, select group of citizens. The Magna Carta (1215) marked an early milestone in limiting the power of the monarchy and protecting individual rights.
The Enlightenment era further emphasized individual freedoms and the separation of powers, influencing modern constitutionalism. In India, the freedom movement against British rule was fundamentally about expanding democratic space. The Constitution of India, adopted in 1950, enshrined fundamental rights and established a parliamentary democracy.
However, the balance between state power and individual liberties has been a recurring theme, with debates around emergency powers, preventive detention laws, and sedition laws shaping the contours of democratic space over the decades.
Latest Developments
In recent years, concerns about shrinking democratic space have centered on issues such as the use of technology for surveillance, restrictions on freedom of expression online, and the application of laws like the Unlawful Activities (Prevention) Act (UAPA). The Supreme Court has played a crucial role in adjudicating these matters, balancing national security concerns with the protection of fundamental rights. The increasing use of sedition laws and UAPA against activists and journalists has drawn criticism from human rights organizations.
Furthermore, the debate around data privacy and government access to personal data has intensified. Looking ahead, the future of democratic space in India will likely depend on how these challenges are addressed through legislative reforms, judicial interpretations, and public discourse.
Practice Questions (MCQs)
1. Which of the following statements best reflects the concept of 'shrinking democratic space' as discussed in the context of contemporary Indian polity?
- A.Increased participation of citizens in electoral processes.
- B.Enhanced transparency and accountability of government institutions.
- C.The perceived erosion of civil liberties and increased restrictions on dissent.
- D.Greater devolution of powers to local self-government institutions.
Show Answer
Answer: C
Option C accurately reflects the concept of shrinking democratic space, which involves the erosion of civil liberties and increased restrictions on dissent. The other options describe features that would typically indicate an expansion, not a contraction, of democratic space.
2. Consider the following statements regarding the Unlawful Activities (Prevention) Act (UAPA): 1. It was enacted in 1967 and amended in 2004 and 2019. 2. It empowers the central government to declare an organization as unlawful. 3. It allows for detention without charge for a period of up to 180 days. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show Answer
Answer: D
All three statements are correct. The UAPA was enacted in 1967 and has been amended several times, including in 2004 and 2019. It does empower the central government to declare an organization as unlawful, and it allows for detention without charge for up to 180 days.
3. With reference to the powers of the Supreme Court of India, what is the scope of its 'review jurisdiction'?
- A.To review any law passed by the Parliament.
- B.To review its own judgments or orders.
- C.To review the constitutionality of state laws.
- D.To review the decisions of the Election Commission of India.
Show Answer
Answer: B
The Supreme Court's review jurisdiction allows it to review its own judgments or orders to correct any errors or prevent a miscarriage of justice. This power is crucial for ensuring that justice is served and that the court's decisions are consistent with the Constitution and the law.