Why India cannot be a unitary state despite the fact that the constitution has made center more strong then the states?
The 1975 Emergency in India, declared by then-Prime Minister Indira Gandhi, was a 21-month period marked by suppression of civil liberties, mass arrests, and censorship. This dark chapter in Indian history had far-reaching impacts, especially on social movements and dissent, and became a crucial wakRead more
The 1975 Emergency in India, declared by then-Prime Minister Indira Gandhi, was a 21-month period marked by suppression of civil liberties, mass arrests, and censorship. This dark chapter in Indian history had far-reaching impacts, especially on social movements and dissent, and became a crucial wake-up call for the protection of democratic values in India.
Consequences of the Emergency on Social Movements and Dissent in India:
- Suppression of Political Opposition: The arrest of opposition figures like Jayaprakash Narayan, Atal Bihari Vajpayee, and L.K. Advani had a crippling effect on the opposition’s capacity to rally people against the government, discouraging others from openly challenging the ruling party.
- Stifling of Student Movements: The incarceration of student leaders such as Arun Jaitley had a chilling effect on student activism. Universities, traditionally the breeding grounds for social change, became arenas of apathy and fear, inhibiting future leaders and activists from emerging. Ex- Student’s Union of BHU was dissolved in 1997 and since then there are no Student Body Elections in the University.
- Clampdown on Labour Unions: The arrest of George Fernandes, a notable trade union leader, served as a blow to the labor movements. Workers became apprehensive of organizing strikes or demanding better working conditions, knowing well the risks involved.
- Censorship of Media: When newspapers like “The Indian Express” and “The Statesman” were censored, it wasn’t just the press that got muzzled but also the common man’s access to unbiased information. This control over media outlets severely hindered any form of journalistic dissent.
- Decimation of Regional Movements: The Akali Dal in Punjab, which was a strong proponent of regional autonomy, was brutally suppressed during the Emergency. This suppression of regional voices had a detrimental effect on the principle of federalism in India. Ex- Imposition of Article 356 in Gujarat in 1971, 1974, 1976, 1980 etc.
- Curtailment of Civil Liberties: The suspension of Habeas corpus (ADM Jabalpur case), meant that people could be detained without trial. This sent a wave of fear through the society, chilling all forms of social and individual dissent.
- NGOs and Civil Societies: Non-Governmental Organizations and other civil societies, already operating in a constrained environment, found it increasingly difficult to function. They either had to align with the government’s views or risk shutdowns, arrests, and financial ruin.
Emergency Period Served as a Wake-Up Call for Protecting Democratic Values in India in the following ways:
- Strengthening Judiciary: Lessons from the famous ADM Jabalpur case, where the Supreme Court failed to protect habeas corpus, led to efforts to safeguard the judiciary from political interference, making sure it acts as a strong pillar of democracy.
- Electoral Reforms: The malpractices observed during the Emergency pushed for electoral reforms. The Election Commission was empowered further, and measures like voter ID cards were introduced to enhance the transparency and integrity of elections.
- Amendment of the Constitution: To prevent the misuse of Emergency powers, the 44th Amendment was enacted in 1978. This amendment made it mandatory for the President to act on the advice of the Cabinet as a whole, rather than a single Prime Minister, to declare an Emergency.
- Rise of Coalition Politics: The excesses of the Emergency led to the decline of one-party rule. The 1977 elections resulted in the formation of the Janata Party, a coalition of several smaller parties, signifying the need for more democratic inclusiveness in Indian politics.
- Revitalized Media: The stifling censorship during the Emergency served as a lesson for the media. Post-Emergency, the media emerged as a more vigilant entity, focusing on investigative journalism and holding governments more accountable than before.
- Boost to Opposition Parties: The Emergency united fragmented opposition parties. Their collective struggle against autocratic rule created a blueprint for future political alliances aimed at preserving democratic norms.
- Strengthening of Civil Society: The Emergency revealed the importance of civil society as a counterweight to government power. NGOs, social activists, and other institutions became more robust in their roles as watchdogs, advocating for social justice and constitutional rights.
- Political Discourse: Post-Emergency, terms like ‘civil liberties,’ ‘human rights,’ and ‘judicial activism’ entered the mainstream discourse. Public debates began to focus more on democratic values, accountability, and the protection of individual rights.
Overall, it was a turning point that revealed the vulnerabilities in the democratic fabric of the nation. While the immediate impact was devastating for social movements and dissent, the lessons learned have had a lasting influence on India’s political system serving as a necessary wake-up call, setting the stage for a more resilient democracy.
See less
India cannot be a unitary state because the constitution gives more power to center than the states,more power is given to central government.Here's an explanation for more clarity- 1-India is a diverse country and home of vast cultures,languages,ethnic groups and religions,if all the power will beRead more
India cannot be a unitary state because the constitution gives more power to center than the states,more power is given to central government.Here’s an explanation for more clarity-
1-India is a diverse country and home of vast cultures,languages,ethnic groups and religions,if all the power will be centralised it would be difficult for a government to manage and respect the diversity,hence the federal structure gives different states the authority to manage things according to their local needs.
2-In British era,India was controlled by a centralised authority,which caused a lot of dissatisfaction and the framers of the constitution were aware about this situation hence they designed our constitution accordingly.
3-The federal structure of our constitution divides the power between central and state.India has bicameral legislature which represents the states at the federal level.
4-The center has more powers but supreme court often rules in favour of states rights whenever there is conflict which maintains power between center and state.
5-India is large and diverse country it cannot be government effectively by centralised authority and centralised government would be overburdened and disconnected from local realities ,local administration are better at handling local issues which helps in smooth functioning.
In simpler terms,India should remain a federal country because it is too diverse and has complex historical context and need for local governance.The balance between federalism and centralisation ensures effective functioning of a nation while respecting regional identities and maintaining unity.
See less