New Delhi, Oct. 18 -- After the BJP's success in West Bengal, every other political party is in utter shock. The entire Left ecosystem has been shattered by the rise of a party that was facing an existential crisis in the State only a few years ago. West Bengal has long been one of the hubs of the communist movement, and the sight of a right-wing government with a clear majority in the State has infuriated the entire Left. Other parties, such as the Indian National Congress, are equally dismayed and frustrated as they search for a way back to power. Having come together, the opposition is now making every effort to obstruct the government's functioning. This time, it has levelled allegations against the Election Commission of India.
Dragging constitutional institutions into protests is becoming a trend in the country, as we are witnessing in the protests over the Special Intensive Revision (SIR) of electoral rolls. Political leaders, student activists, influencers and journalists are raising their voices against the credibility of India's constitutional institutions.
In the initial phase of the current protest, the Election Commission was dragged onto the streets first, and then questions were raised about the Supreme Court of India as well. The march into the premises of the Supreme Court was unprecedented and uncalled for. The Constitution of India guarantees citizens the right to freedom of speech and expression, but attacks on the integrity of constitutional institutions should not be encouraged. Constitutional institutions are bodies set up directly by the Constitution of India, not by an ordinary law passed by Parliament. Because their powers and protections come from the Constitution itself, the government of the day cannot easily weaken or abolish them. That makes them central to how Indian democracy works. Constitutional institutions act as the guardians of India's democratic system. They keep power balanced, make government accountable and protect citizens' rights. Keeping them strong and independent is essential if constitutional values are to hold up in practice.
In a democracy, protest lets citizens tell the State what they think of it. Article 19(1) of the Constitution guarantees the freedom of speech and expression and the right to assemble peacefully. The Supreme Court has repeatedly affirmed that peaceful dissent is legitimate, for example in the Ramlila Maidan (2012) and Mazdoor Kisan Shakti Sangathan (2018) cases. The right is not absolute, though. Articles 19(2) and 19(3) allow reasonable restrictions in the interests of public order, the sovereignty and integrity of India, and contempt of court, among others. Constitutional institutions such as the judiciary, Parliament, the Election Commission and the offices of the President and the Governors hold the democratic system together. Their authority depends less on force than on public trust. Protest that offers reasoned criticism of their decisions strengthens them by making them more accountable. Protest that tries to intimidate them, or to discredit them without evidence, weakens the very structures that protect citizens' rights. Examples include pressuring judges in pending cases, paralysing Parliament through constant disruption, and rejecting election results outright. The line to hold is between criticism and coercion. A citizen may question a judgment, a policy or the conduct of an election through peaceful assembly, petitions, the media and the courts. Violence, blockades of public spaces, enforced bandhs and personal attacks on office-holders go beyond legitimate dissent.
Therefore, baseless attacks on these institutions, made without concrete evidence, should be discouraged, because the damage goes beyond a bad news cycle. First, a body under siege may start making defensive decisions to avoid controversy rather than correct ones. Second, the losing side in every future dispute learns that pressure works better than reason. Third, ordinary citizens, hearing constant charges of bias, stop believing that any institution can be neutral, which breeds cynicism about democracy itself.
The strength of Indian democracy rests on respecting constitutional institutions while preserving the right to dissent. Political parties must recognise that electoral setbacks cannot justify undermining institutional credibility. Responsible opposition demands constructive criticism, credible evidence and constitutional restraint. Democracy thrives when disagreement strengthens accountability rather than eroding public confidence.
Views expressed are personal. The writer is a practicing advocate before the Supreme Court
Published by HT Digital Content Services with permission from Millennium Post.