Introduction:

• The recent events in India, involving extensive police raids on the news portal NewsClick and the arrest of its founder and Editor-in-Chief, Prabir Purkayastha, have raised serious concerns about freedom of speech and expression.

• These actions, invoking the Unlawful Activities (Prevention) Act, have sent shockwaves through the media fraternity.

• However, this incident is not an isolated one but part of a larger pattern that threatens democracy and the rule of law in India.

The Erosion of Freedom:

• The First Information Report accuses NewsClick of receiving funds from pro-China elements and undermining India’s internal security through its coverage of events like the farmers’ protests.

• NewsClick has denied these allegations, but the drastic police action against journalists and the use of a terrorism law for these cases seriously erode freedom of speech and expression.

Religious Minorities and Political Financing:

• When viewed alongside other concerning trends, such as the precarious position of religious minorities facing violence and demonization, and the introduction of electoral bonds in political financing, a discernible pattern emerges.

• This pattern has far-reaching implications for the idea of democracy and the rule of law in India.

The Call for Judicial Intervention:

• In response to these developments, media professionals have written a letter to the Chief Justice of India, D.Y. Chandrachud, urging judicial intervention.

• They hope that the Supreme Court, which previously established the “basic structure doctrine” to safeguard fundamental rights, will take note of this disturbing trend.

The Role of the Courts in Democracy:

• The role of the courts in a democracy has been a subject of debate for centuries.

• While unelected, they play a vital role in protecting the democratic process.

• Courts need to ensure that the integrity of the democratic process is maintained, as a flawed process can raise questions about the legitimacy of elected bodies.

Protecting Democracy from Within and Outside:

• The Supreme Court of India holds the power to strike down laws and constitutional amendments, and it has enforced the basic structure doctrine.

• However, protecting democracy goes beyond textual interpretations of the constitution. It involves safeguarding fundamental values like freedom of speech, expression, and association.

Democracy Beyond Elections:

• Legal scholar Richard Dworkin emphasized that democracy is not just about majority decision-making; it also requires democratic conditions that treat all individuals with equal respect and concern.

• These conditions are maintained by preserving rights and values like freedom of speech, secularism, and ensuring that majoritarianism doesn’t run rampant.

Preserving Democratic Conditions:

• Subverting democratic conditions doesn’t always require a constitutional rewrite but can be achieved through actions that circumvent the text of the Constitution.

• When terrorism laws are used against journalists, hate speeches against minorities go unchecked, or electoral funding remains opaque, democracy is undermined.

The Role of the Court:

• While applying the basic structure doctrine may not always be feasible, the Supreme Court has sufficient powers to address the decline in democratic conditions.

• Ignoring these violations outside the legal text would compromise the identities of both the Constitution and the Court.

How the Court responds to these challenges will significantly impact the fate of the people and the Court itself.