Constitutional democracy requires Constitutional morality

By Jerald D’ Souza, SJ

The three pillars: The three pillars of Indian democracy are the Legislature, the Executive, and the Judiciary. The Legislature consists of elected representatives who enact laws; the Executive implements those laws; and the Judiciary interprets the Constitution and ensures that the other two branches function within its framework. Together, these institutions are intended to keep one another accountable and fulfill the promises made to the people of India.

However, in recent years, these institutions seem to fail in doing what they were meant to do – provide checks and balances. Therefore the democratic structure that citizens often take for granted seems to be getting weaker. Democracy – expressed through liberty, secularism, equality, sovereignty, fraternity, justice, and tolerance – should also shape our social environment and individual conduct.

Not accountable: Elected representatives no longer appear to feel sufficiently accountable to the citizens who elected them. Furthermore, the first-past-the-post electoral system often reduces incentives to represent the interests of all constituents. Political leaders tend to focus primarily on preserving their vote banks rather than addressing the concerns of the entire electorate. As a result, governance risks becoming increasingly partisan, instead of being genuinely representative.

Defections without fresh mandates: The Legislature enjoys considerable authority within India’s constitutional framework. Yet many of the rules governing legislative privileges and accountability are drafted and approved by legislators themselves. This raises legitimate concerns about institutional accountability. It is therefore troubling that elected representatives can, under certain circumstances, switch political parties without seeking a fresh mandate from the electorate. Such defections undermine the spirit of representative democracy. If an elected representative wishes to change political allegiance, it would be more consistent with democratic principles to seek re-election and obtain the consent of the voters.

Right to dissent: The right to dissent is another indispensable feature of democracy. Citizens have the constitutional right to question government policies, organise peaceful protests, and express disagreement. Consider the nationwide student protests following allegations of irregularities in the NEET examination. The protests were largely disciplined and peaceful, marked by solidarity across diverse groups, effective use of social media, inclusivity, and a clear articulation of legitimate demands. The students were exercising both a constitutional right and a democratic responsibility. Yet the response was deeply troubling. What unfolded was not merely an attack on protesting students but, arguably, an assault on the democratic principles that safeguard India from authoritarianism.

Lack of scrutiny: Parliament is intended to be the nation’s foremost forum for debate, deliberation, and dissent. Yet, in recent years, numerous Bills have been passed with minimal discussion or scrutiny. Legislation has often been approved amid disorder in the House, leaving little room for meaningful debate or consideration of dissenting voices. As Derek O’Brien observes in ‘Who Cares About Parliament?’, the average time taken to pass a Bill has reportedly fallen to approximately eighteen minutes. Such haste is deeply troubling for a democracy as large and diverse as India.

If an elected representative wishes to change political allegiance, it would be more consistent with democratic principles to seek re-election and obtain the consent of the voters.

Between 2004 and 2009, nearly 60 per cent of Bills were referred to Parliamentary Standing Committees for detailed examination. Since 2019, however, only around 12 per cent have undergone such scrutiny. Major legislation concerning citizenship, agricultural reforms, and cattle slaughter has been enacted with limited committee review and inadequate public consultation. Whether one agrees or disagrees with the substance of these laws, the legislative process itself should embody transparency, deliberation, and democratic accountability.

Misuse of laws and labels: Beyond the legislature, concerns have also emerged regarding the rule of law. Mob lynchings in the name of cow protection, the selective application of criminal laws, and the use of legislation such as the Unlawful Activities (Prevention) Act (UAPA) against critics have raised serious questions about equality before the law. Individuals are often branded with labels such as ‘urban Naxal,’ ‘jihadist’ " or ‘rice-bag convert’ – terms that polarise public discourse and undermine reasoned democratic engagement.

Social justice: The welfare of every individual – especially the poorest, most marginalised, and most vulnerable – must remain at the centre of public life. Social justice is not an optional ideal but an essential measure of democratic success.

The role of peaceful protests: Equally important is the recognition that protest is not a threat to democracy but one of its defining features. When fellow citizens take to the streets to oppose injustice or demand accountability, they should not automatically be viewed with suspicion or branded as anti-national. Historically, it is peaceful protests that have expanded rights, challenged discrimination, protected vulnerable communities, and strengthened democratic institutions. A democracy that silences dissent ultimately silences itself.

Participatory decision-making: Decision-making must also become more participatory. Public consultation before the introduction of major policies or development projects should be genuine rather than a procedural formality. Public hearings should enable meaningful dialogue rather than merely satisfy legal requirements. When citizens are invited to participate sincerely, government decisions gain both legitimacy and public trust.

Decentralisation: Decentralised governance remains one of the Constitution’s most significant democratic innovations. Panchayati Raj Institutions and Urban Local Bodies were established to bring governance closer to the people, encourage participation, and make public officials more accountable. Yet these institutions frequently remain constrained by political interference, inadequate financial autonomy, and excessive centralisation. Strengthening local self-government is therefore essential for deepening democracy.

Constitutional morality: Ultimately, no Constitution, however well drafted, can preserve democracy on its own. Institutions are only as strong as the people who sustain them. Dr. B. R. Ambedkar warned that constitutional democracy requires constitutional morality – a culture of respect for the rule of law, equality, and democratic values. That responsibility rests not only with governments but with every citizen.

When India attained Independence, sovereignty passed from colonial rulers to the people. It was ‘We, the People of India’ who gave ourselves the Constitution and established the legislative, executive, and judicial institutions that govern the Republic. The Constitution is therefore not merely a legal document but an expression of the people’s collective aspirations. Its Preamble, Fundamental Rights, and Directive Principles of State Policy together articulate the values that should shape democratic citizenship.

Democracy cannot survive if citizens become passive spectators. It flourishes only when people remain informed, engaged, and willing to hold those in power accountable.

Responsibilities of citizens: The Constitution also places responsibilities upon citizens. It calls upon every Indian to respect the Constitution and its institutions, uphold its ideals, promote harmony, and foster a spirit of fraternity that transcends religious, linguistic, regional, and sectional differences. Citizens are further expected to reject practices that undermine the dignity of women and the equal worth of every human person.

Citizens should not be viewed merely as taxpayers or passive recipients of government programmes. They are active participants in shaping public policy, monitoring government performance, and safeguarding democratic institutions. Genuine democracy transforms the principle of popular sovereignty into lived reality by recognising citizens as partners in governance rather than subjects of the state.

Democracy cannot survive if citizens become passive spectators. It flourishes only when people remain informed, engaged, and willing to hold those in power accountable. Citizenship carries both rights and responsibilities. A citizen is not merely someone who possesses legal status or exercises the right to vote every five years. True citizenship requires active participation in public affairs and a willingness to defend constitutional values. When citizens fail to question injustice or demand accountability, they unintentionally enable the erosion of democratic institutions.

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