Principles that hold a democracy up

A healthy democracy rests on some principles that cannot be given up. Think of them as the pillars holding up a building. This lesson looks at each one.

1. The Rule of Law: no one is above the law. Not a minister, not a rich person, not a film star. It means:

• equality before the law: everyone is treated equally, whatever their rank;
• equal protection of the law: people in similar situations are treated alike.

If there is a dispute, it goes to court and follows the procedure established by law, never force or influence. Article 21 says no one shall lose life or personal liberty except by that procedure.

2. Fundamental Rights (maulik adhikar). There are six:

If your rights are violated, you can go to the Supreme Court (Article 32) or a High Court (Article 226). These rights can be enforced in court, with reasonable restrictions set by law. (The Right to Education, Article 21A, added in 2009, gives free and compulsory schooling to children aged 6 to 14.)

"What does 'Constitutional Remedies' mean?" A remedy is a cure. This right is the cure when another right is broken: it lets you go to court to get your rights back.

3. Separation of Powers. Government has three organs, each with its own job:

• the legislature (vidhayika) makes laws;
• the executive (karyapalika) carries them out;
• the judiciary (nyaypalika) interprets them.

No single organ gets all the power, and each checks the others. For example, Parliament can amend the Constitution, but courts can review the amendment; and a court can strike down a law that goes against the Constitution.

The judiciary is independent and impartial. Through Public Interest Litigation (PIL), a case can be brought to court for the public good, which widens access to justice.

4. Accountability and Transparency. The government must answer to the people. Citizens judge it through elections, public debate and civil society (voluntary groups, NGOs, community associations). Tools that help:

• the Right to Information (RTI) Act, 2005: citizens can ask government offices for information;
• Question Hour: the first hour of a sitting of Parliament, when members question the government;
• auditing (checking) of government accounts.

5. A multi-party system. Many parties contest, so voters have real choices. The party or coalition that wins more than 50% of the seats forms the government; the largest group against it becomes the opposition. Parties follow the rules of the Representation of the People Act, 1951.

6. Protecting vulnerable groups. History left opportunities shared unequally, so the government must share resources fairly, especially with the most vulnerable. Article 46 asks the State to take special care of the education and economic interests of the weaker sections, in particular the Scheduled Castes and Scheduled Tribes, and protect them from injustice and exploitation.

Who does what?

Watch out: the book reminds us that all of these depend on citizens. Without people who take part, know their rights and duties, and act honestly and fairly, no institution can work well.