Executive overreach is quite disconcerting

Executive overreach is quite disconcerting
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Highlights

The Indian Constitution has created a system of checks and balances among different wings, particularly the four pillars of democracy – Executive, Judiciary, Legislature and Media. Each pillar has an equally important role in society.

The Indian Constitution has created a system of checks and balances among different wings, particularly the four pillars of democracy – Executive, Judiciary, Legislature and Media. Each pillar has an equally important role in society. The tussle between these wings at times is not new as it provides an opportunity for them to evaluate and take corrective measures. This practice had continued for decades. The only aberration was during the emergency in 1975 when all of them became nearly defunct.

In the last decade or so, the jarring sound of friction between the governments and the other three wings has begun and the worst affected is the media. For all ruling parties, whether it be at the Central level or the state level, the first target is media which is supposed to be reflecting the omissions and commissions of the government, and highlight the success stories as well as the problems faced by the society.

Just as politicians have divided the society along the lines of caste and community for winning elections, they have divided the media, too, and have attributed colours to it. Our leaders and parties believe only in 'friendly' media, more so if they are owned by the ruling party or its leaders. All other media houses are subjected to discrimination, abuses and diatribe. What is more is some leaders are openly asking the bureaucrats to abuse the media if they publish any news that is against the government.

One needs to understand that it was the media that had exposed several scandals from Watergate to 3G spectrum case. The most famous exposure in India was that of the Bofors scam which led to fall of the then Congress government led by Rajiv Gandhi and the fodder scam of Bihar government led by Lalu Prasad Yadav. It's a different issue that some of them are still mired in litigation.

What needs to be changed regarding the media is the perspective and attitude of the governments. The new trend now is that if any uncomfortable news appears, they threaten the journalists, file cases against them, put them behind bars and stop advertisements to those media houses so that they will come down on their knees. This has made some media houses take a political line which leads to losing of freedom of expression.

Another trend is the increasing influence of the social media on the society. Social media platforms which should be a way to connect people across the globe are turning into news sharing platforms, creating multiple narratives. But no one knows whether it is fake or doctored. With no control or watchdog to monitor them, facts take a toll. Another pillar which is facing a tussle with the executive is the judiciary. This tussle between both is also not new but now it seems to be taking an unsavoury turn. The judiciary under the Constitution has the power to set aside laws enacted by the legislature if they violate constitutional provisions or the basic structure of the Constitution. It can declare any executive action as null and void if it is in violation of law. A little friction is a sign of a working democracy and an independent judiciary. But it is now worrying on the rise. One can question the functioning of the judiciary but what is happening now is politicians are taking pot shots and the language used against the media and the judiciary borders on slander and that is disturbing.

Such strident and concerted attacks create hurdles in the functioning of the different pillars of democracy.

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