The Role of Citizen Participation: Embracing Democratic Values on International Day of Democracy

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16-Sep-2024 | Akai Negi

Democracy thrives when citizens actively engage in the systems that govern them, making participation a vital element of democratic integrity. Citizen involvement in elections, policymaking, and holding institutions accountable is not merely a right but a cornerstone of effective governance worldwide. As we celebrate the International Day of Democracy on September 15^th, it’s an opportunity to reflect on the essential role of citizen participation in reinforcing democratic values and principles.

The International Day of Democracy, established by the United Nations in 2007, serves as a reminder of the importance of democracy in promoting human rights, social inclusion, and the rule of law. It encourages nations around the world to engage in dialogue and celebrate democratic principles while addressing the challenges they face in sustaining them.

The theme of this day often revolves around key issues affecting democracy, such as participation, freedom of expression, electoral integrity, and justice. On this day, governments, civil society, and citizens come together to affirm their commitment to democratic governance and to explore ways to ensure that democracy remains resilient in the face of evolving global challenges.

At its heart, democracy is about people’s participation—whether through voting, activism, or civic engagement.

This article explores the importance of citizen participation in democratic processes and highlights recent legal cases that underscore its critical role in shaping modern governance.

By examining the evolving relationship between citizens and their governments, we can better understand how democratic values are being protected and challenged across the globe.

Constitutional Basis for Citizen Participation in India

Citizen participation in Indian democracy is rooted in the Constitution, which guarantees numerous rights and freedoms enabling people to engage in governance and public affairs. Several provisions of the Constitution explicitly facilitate citizen involvement in democratic processes.

Article 19: Guarantees the right to freedom of speech and expression, peaceful assembly, and the formation of associations or unions. These rights are fundamental for citizens to express their views, protest government policies, and organize movements.
Article 21: The right to life and personal liberty has been interpreted broadly by courts to include the right to live with dignity, further empowering citizens to demand accountability from the government.
Article 326: Enshrines the right to vote based on universal adult suffrage, allowing citizens to directly participate in choosing their representatives.

Legal Framework for Electoral Participation

The Representation of the People Act, 1951: It regulates elections and ensures that every citizen's vote carries equal weight. Through these legal protections, the Indian Constitution creates avenues for citizens to engage meaningfully in the political process, whether by casting a vote, participating in protests, or filing public interest litigation (PIL).

The Judiciary’s Role in Promoting Citizen Participation: :Indian courts have played an essential role in enhancing citizen participation by interpreting the Constitution expansively and by intervening in matters that strengthen democratic governance.

Public Interest Litigation (PIL): The development of Public Interest Litigation (PIL) in India has empowered ordinary citizens to approach courts to address issues of public interest. PIL has become a powerful tool for holding the government accountable on matters ranging from environmental protection and human rights to corruption and electoral malpractices. PILs have become an indispensable aspect of Indian democracy, enabling citizens to seek judicial redress for collective concerns, even if they are not directly affected by the issue at hand.

Judicial Review: The judiciary in India also exercises the power of judicial review, allowing courts to assess the constitutionality of laws and executive actions. This power is critical for ensuring that government actions do not infringe on citizens’ democratic rights.

Kesavananda Bharati vs. State of Kerala (1973): The Supreme Court established the basic structure doctrine, which ensures that fundamental principles like democracy and the rule of law cannot be altered even by constitutional amendments.
S. R. Bommai vs. Union of India (1994): This case reinforced the supremacy of democratic governance by limiting the imposition of President’s Rule and ensuring that democratically elected governments are not arbitrarily dismissed.

Through these rulings, the judiciary protects the core values of democracy and enables citizens to engage with the legal system to safeguard their rights.

Legal Developments Impacting Citizen Participation

Recent cases from 2024 further underscore the judiciary’s active role in defending democratic values and enhancing citizen participation.

1. Freedom of Expression and Online Hate Speech Regulation

In XYZ vs. Union of India (2024), the Supreme Court tackled the growing challenge of regulating online hate speech and disinformation. The Court ruled that while freedom of expression is fundamental to democracy, it must be balanced with the need to prevent speech that could incite violence or disrupt social harmony.

The Court upheld the right to free expression under Article 19(1)(a) but emphasized that this right is subject to reasonable restrictions under Article 19(2) to protect public order and national security. This ruling reflects the judiciary's role in adapting democratic principles to the digital age, ensuring that citizens can engage in public discourse while protecting the broader interests of society.

2. Criminalisation of Politics and Electoral Reforms

In Abhinav Verma vs. Union of India (2024), the Supreme Court reinforced its commitment to addressing the criminalization of politics by disqualifying candidates convicted of serious crimes from contesting elections. The Court emphasized the need for political parties to disclose criminal records of candidates and bring greater transparency to electoral processes.

This ruling builds on earlier decisions like Lily Thomas vs. Union of India (2013), ensuring that citizens have the right to elect representatives who adhere to democratic principles of integrity and accountability.

3. Environmental Democracy and Citizen Participation

In the PIL case People’s Rights Foundation vs. Union of India (2024), the Supreme Court issued directives for cleaning the Ganga River, emphasizing the importance of environmental democracy. The Court acknowledged the role of civil society in demanding government action on environmental issues, recognizing that citizens have the right to participate in decisions affecting natural resources.

This ruling highlights how the judiciary promotes public involvement in environmental protection, ensuring that government policies align with the public interest and uphold citizens’ right to a healthy environment.

4. Voting Rights and EVM Integrity

In Ajay Gupta vs. Election Commission of India (2024), concerns over the integrity of Electronic Voting Machines (EVMs) and the Voter-Verified Paper Audit Trail (VVPAT) system were addressed. The Supreme Court ordered the Election Commission to conduct 100% VVPAT counting in at least 50% of constituencies, bolstering public confidence in the electoral process.

This ruling reinforces the judiciary’s role in ensuring the credibility of elections, protecting citizens’ voting rights, and enhancing transparency in electoral procedures.

Challenges to Citizen Participation in India

Despite strong legal protections, several challenges continue to hamper citizen participation in India’s democracy.

1. Voter Apathy and Electoral Malpractices

Voter apathy, particularly in urban areas, poses a threat to the democratic process. Additionally, issues like money power and criminalization of politics undermine the integrity of elections. The judiciary and the Election Commission of India have taken steps to address these challenges, but voter turnout and electoral malpractices remain areas of concern.

2. Disinformation and Hate Speech

The rise of social media has given way to disinformation and hate speech, which can polarize society and disrupt democratic discourse. Legal frameworks like the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 are designed to address these issues, but they must be balanced with protecting free speech.

3. Inequality and Access to Justice

Social and economic inequalities continue to restrict meaningful participation in democracy for marginalized groups. The judiciary’s interventions in expanding access to education and addressing social justice issues are important, but there is still much progress to be made in ensuring that all citizens have equal access to legal resources and opportunities.

Addressing Challenges in Citizen Participation: Judicial Approaches

1. Voter Apathy and Electoral Malpractices

Judicial Oversight: Courts can mandate reforms to ensure electoral transparency and address malpractices. For example, they can enforce laws requiring political parties to disclose funding sources (Lily Thomas vs. Union of India, 2013).
Public Interest Litigation (PIL): PILs allow citizens to challenge electoral malpractices and advocate for reforms. Courts can use PILs to push for necessary changes in election laws.
Voter Education: Courts can direct electoral bodies to implement voter education campaigns to address apathy and encourage participation.

2. Disinformation and Hate Speech

Legal Frameworks: The judiciary can interpret laws to balance freedom of expression with the need to prevent disinformation and hate speech, as seen in XYZ vs. Union of India (2024).
Content Regulation: Courts can review and ensure that laws regulating online content do not infringe on fundamental rights while addressing harmful information.

3. Inequality and Access to Justice

Legal Aid: Increase support for legal aid services to ensure marginalized individuals have access to justice. Courts can oversee the effectiveness of these services.
Inclusive Policies: The judiciary can advocate for and enforce policies that address socioeconomic inequalities and expand access to education and healthcare.

4. Social and Economic Inequality

Policy Scrutiny: Courts can review government policies aimed at reducing socioeconomic disparities to ensure they are effectively implemented.
Community Support: Courts can support community initiatives that promote civic engagement and ensure equal opportunities for all citizens.

Conclusion

The role of citizen participation in Indian democracy is fundamental to sustaining the values enshrined in the Constitution. The judiciary, through its proactive interventions and expansive interpretations of the law, has played a crucial role in enhancing citizen engagement and protecting democratic principles.

The 2024 cases underscore the dynamic nature of Indian democracy and the judiciary’s ongoing efforts to safeguard citizens’ rights. From regulating online speech and ensuring electoral integrity to promoting environmental justice, these rulings demonstrate the judiciary's central role in maintaining a vibrant democracy.

As India continues to evolve, the active participation of its citizens, supported by a robust legal framework and an independent judiciary, remains essential for the preservation of its democratic values.

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