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Context
The sequence of incidents, such as the most recent one with NewsClick's detention, has demonstrated that the fundamental principles of the Constitution are in jeopardy, as they are threatened by both textual modifications and the deterioration of its liberal, democratic spirit.
The Intensity of Late Developments
· Searches on NewsClick and Arrests: The Delhi Police carried out a number of searches on the NewsClick news portal. The Unlawful Activities (Prevention) Act was used to bring charges, citing connections to pro-China groups.
· Undermining Freedom of Expression: The use of terrorism laws against journalists and other severe measures taken against the media bring attention to the serious threat that freedom of speech and expression faces.
· Pattern of Unsettling patterns: When compared to other unsettling patterns such as acts of violence against religious minorities and shifts in political funding, an unsettling pattern appears that threatens the foundations of democracy and rule of law.
The Courts Function in Preserving Democracy
· The function of courts in democracies has been a topic of discussion for a considerable amount of time. Despite not being elected, they are vital to preserving the integrity of democracy.
· Ensuring Democratic Conditions: Courts should prioritize maintaining democratic conditions, which include treating all participants with dignity and consideration and which include fundamental rights such as freedom of speech and expression.
· Subversion without Textual Modifications: Democracy may be threatened even in the absence of clear constitutional revisions. This subtler degradation is exemplified by allegations of terrorism against journalists and by untransparent election finance.
Imperative for Courts to Act
· Safeguarding Fundamental Principles: The judiciary has the power to uphold democratic values. The identity of the Court and the Constitution are in danger when democratic conditions are violated outside of formal legal documents.
· Establishing the Future: The people, the Court's own legacy, and the Court's role in preserving democracy will all be greatly impacted by how the Court responds to this situation.
LTX Mains Question:
Q. Discuss the various ways that the Indian Constitution is under threat. In what ways might these obstacles be overcome to protect its democratic and liberal principles?
{{Mounica Sukhavasi}}