Monday, January 26, 2009

Celebrating the Republic

On the 60th anniversary of our Republic Day, my greetings. On this occasion, it is worth spending a few minutes to review the structure of the State that is India - a federal democratic republic.

The word "Republic" originates from the Latin Res Publica meaning "thing" "appertaining to the people". It originally meant the equivalent of the term "commonwealth", but by the time of the late Roman Republics, had come to mean a state in which power was exercised in accordance with a constitution, and was divided among duly constituted offices of the state. Both these factors are important.

Political thinkers have long understood that democracy ("demos" - the people, "kratein" - to rule) by itself may not be able to do both - represent the will of the people, and do what is right. Democracy is meant to prevent concentration of power in the hands of one or a few, and ensure that "bad" government can be deposed peacefully. However, the potential threat of coercive power by a tyrannical majority remains - if a majority is in agreement, is it legitimate to harm the minority? This led Winston Churchill to remark "Democracy is the worst form of government except for all those others that have been tried".

The Founding Fathers of America were seized of this issue.
“When a majority is included in a faction, the form of popular government, on the other hand, enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens. To secure the public good and private rights against the danger of such a faction, and at the same time to preserve the spirit and the form of popular government, is then the great object to which our inquiries are directed.”
They therefore constructed a "representative democracy", with a separation of power between organs of the state...

“In a single republic all the power surrendered by the people is submitted to the administration of a single government; and the usurpations are guarded against by a division of the government into distinct and separate departments. In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.”
India followed a similar system, with state and central governments' controlling different aspects of state policy. At each level, the control is further divided amongst the three pillars of government - the legislature, the executive and the judiciary.

It has become fashionable to condemn Indian democracy as divisive, with regional parties dominating at the state level and national parties at the Centre - often working at cross purposes. It is worthwhile to remember though that, as articulated above, the construct of our constitution was to create a mechanism of mutual restraint, with each arm of the government working together, yet watching over the other, in protecting the interests of the citizens.

If, after six decades of independence, we see regional aspirations dominating national debate, it is indeed a reflection of how deep-rooted our democratic institutions have become. This internal churn will undoubtedly throw up new leaders who appeal to a larger audience. Alternately, regional leaders have to take up issues that reflect the aspirations of more of the citizens of this country.

Better the jostling and conflict of a working republic than the neatness and placidity of a dead one.

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