Some European Lessons for Democracy
By: Amit Bhushan Date: 10th Feb. 2018
Two events in Indian sub-continent should raise some alarm but the International media seems less than vocal. Even though the local media has been agitated, but its focus seems to be more on a particular third country rather the population within these countries. Incidentally both events have do with courts even if in dramatically different ways. An event in Bangladesh and another in Maldives Island. We have Judiciary’s involvement coming to different conclusions while interpreting and guiding laws to their course of action. The cases are a testimony to the unique challenges of the ‘developing world democracies’ perhaps with traditional societies tolerance leading to rampant nepotism and corruption in politics with the political Netas succumbing to it some by design and others due to compulsions rather than being able to counter it. In fact for the courts, the Judiciary in another third country within the region could hold torch, even if the country may not be known for either its democracy or its free society and often finding itself at the wrong end of the stick in these articles.
We have a country where courts decided a corruption case to send the main principal opposition to dungeons and other where courts took action to put some Netas back into a democratic ‘contest’ only for their own peril. Deliberation on how a judicial action could impact the overall system of the democracy, seems to off radar while pronouncing judgment and if that would lead even greater chaos and even more of ‘corruption’, seems to have been deemed unimportant. The ‘independent media’ with their political focus, would create hype based on its political loyalties rather than being loyal to the democratic system. This remains so even when much of society, bureaucracy as well as judiciary by design wants to preserve the ‘class’, but is unable to guide the ruling Netas on what should be fought politically in electoral gambits, and what needs to be settled via some other ways.
Of course in such situations, there are ‘dinosaurs’ both within and outside and in abundance to take advantage of the ensuing situation. While the Netas may put forth the arguments for their ‘case’, the Judiciary holds responsibility to look at the case in the context of the overall system as well. This is especially true for ‘cases’ with involvement of the ‘high & mighty’ or often ‘the politically exposed persons’. It should be noted that these articles are not to favour any Neta or Party or even to question wrongful interpretation of laws (which cannot be decided on account negligible information with the author), but only around how the overall balance seems to be getting impacted as a result of Judiciary or the Government actions in these countries.
The actions in these countries leave many confused and perhaps it might be a nice idea for some French or European intervention via media regards constitution and preservation of democracy. The ensuing as well as subsequent actions also needs to be watched over by the courts and Judicial officers in other countries to understand how some of the decisions impact and unbalance the overall system. While the USA has rumoured of external undemocratic hands in its elections, it might be a nice idea if the diplomats in these countries contextualize the sequence of events that seems to be unbalancing the democracies to check if there are indeed external hands and how they seem to be operating. A sound and healthy debate n media would perhaps help, rather than the ‘dread and fear’. Of course in such debates, those not really a champion of democracy should also be allowed to proffer their views. Let the ‘Game’ evolve…