Abstract:
India, also known as Bharat, is established as a Sovereign, Socialist, Secular, Democratic Republic. According to the Constitution of India, the people of India are the principal stakeholders, governing themselves through democratic values. This self-governance is exercised via representation, where citizens elect individuals to act on their behalf. The Preamble of the Constitution of India opens with the statement, “We, the people of India” and concludes with “give to ourselves this Constitution.” This encapsulates the essential democratic notion that authority and sovereignty originate from the citizens, not from any external monarch or force.The phrase “give to ourselves” emphasizes that the citizens, through their elected representatives, have willingly embraced the Constitution as their supreme law, symbolizing their right to self-govern. The structure of the Preamble, which begins and ends with “people,” illustrates that the Constitution is crafted for the people, fostering inclusivity, accountability, and empowerment. This cyclical framework underscores that the government is intended to serve its citizens, reinforcing the belief that power is derived from the populace and exercised in their interests.Article 326 of the Constitution guarantees Universal Adult Franchise, allowing every adult citizen the right to vote. This, combined with the Preamble’s declaration of “We, the people of India,” reinforces the concept of popular sovereignty, ensuring governance is rooted in active citizen participation. However, the Representation of People Act, 1951, outlines eligibility criteria for candidates contesting elections but falls short of providing measures to evaluate their competency. This gap raises significant concerns regarding the ability of these representatives to effectively serve the electorate’s interests. This research paper aims to illuminate theshortcomings of the Representation of People Act, particularly its failure to assess the qualifications and effectiveness of elected representatives in the Indian democratic framework.
Keywords: Democracy, Representation, People, Constitution, Sovereignty, Governance, Competency.
Introduction:
India, as a nation-state, is built on the foundation of democratic values. The Constitution declares India as a Sovereign, Socialist, Secular, Democratic Republic. The word “Democracy” comes from the Greek terms Demos, meaning “the people,” and Kratos, meaning “rule” or “authority,” signifying governance by the people and for the people.Democracy empowers citizens by ensuring that the authority to govern lies with the people, either directly or through their chosen representatives. It functions on the principle of majority rule while also protecting the rights of individuals and minority groups. In a democracy, citizens are actively involved in shaping government decisions, whether by voting, sharing their views, or standing for public office. Regular, transparent elections allow people to select leaders who embody their ideals, ensuring that governance remains responsive to the public’s needs and interests. Additionally, democratic systems have built-in mechanisms for accountability, such as checks and balances, judicial oversight, and an independent media, which help prevent abuses of power. By enabling citizens to participate in the political process, democracy promotes a sense of civic duty and belonging, underscoring that the government ultimately reflects the collective will of the people.Democracy and populism, though sometimes conflated, are fundamentally different in important ways. In a genuine democracy, while representatives are elected by the majority, they have a responsibility to represent and serve all citizens, including those from minority groups. The core values of democracy—equality, justice, and the protection of individual rights—ensure that everyone’s interests are safeguarded, not just those of the majority. Even if elected by a majority, representatives must remain accountable to minority populations as well. Democratic institutions, such as an independent judiciary and a free press, act as checks to ensure governance is inclusive and not solely driven by majority sentiment.
In contrast, Populism often relies on divisive rhetoric, positioning the “ordinary people” against perceived elites or marginalized groups. Populist leaders frequently oversimplify complex issues and offer emotionally appealing solutions that cater to the majority’s desires, often sidelining the concerns of minorities. Unlike democracy, which requires accountability to the entire population, populism tends to focus on fulfilling the immediate preferences of the majority, sometimes undermining democratic values and institutional integrity. While democracy promotes inclusive governance, populism can result in the exclusion of minority voices and erode democratic principles by pushing a narrow, majority-focused agenda.
The Constitution of India begins with its preface, known as the Preamble. This Preamble starts with the words “We, the people of India,” and ends with the phrase “give to ourselves this Constitution.” These statements emphasize the core principles and objectives of the Constitution, as well as India as a democratic nation. The phrase “We, the people of India” underscores that the Constitution is a product of the people’s will, created for their governance, establishing that ultimate sovereignty resides with the citizens. This reinforces the essential democratic notion that governing authority arises from the collective will of the people, rather than from any monarch, autocrat, or individual prone to despotism.The expression “give to ourselves this Constitution” further clarifies that the people themselves hold the power to determine their governance, reaffirming their supreme authority in India’s democratic framework. This reflects the essence of self-rule, where the people empower their elected representatives, who are bound to act within the limits set by the Constitution. These representatives are entrusted with the responsibility of legislating and implementing laws, but only as agents acting on behalf of the electorate. Thus, it is the people of India who, indirectly, govern the nation through the individuals they choose to represent them.Furthermore, the Preamble articulates the key ideals and aspirations that drive the nation forward, such as justice, liberty, equality, and fraternity. These principles mirror the hopes and dreams of the people and serve as the foundational pillars for governance. The Preamble also enshrines the spirit of democracy and social justice, ensuring that the rights and dignity of each citizen are safeguarded. It acts as a constant reminder that the Constitution is a dynamic, living document, crafted by the people and for their benefit, aiming to build a fair and just society.
In other words, the Preamble to the Constitution of India symbolizes the democratic foundation in which the people are the source of all power. It underscores the collective authority of the citizens and ensures that governance remains answerable to those who elect their representatives. It embodies the essence of India’s constitutional democracy, where citizens, through their representatives, shape the nation’s laws and policies.
In a democratic system, not all citizens can directly shape a nation’s laws and policies. Instead, they elect representatives who act on their behalf to create laws, set policies, and govern the system. This is the core principle of democracy. However, a significant drawback arises when the elected representative lacks the necessary competence. In such cases, the effectiveness of democracy can falter, as the representative’s abilities are crucial in every aspect of governance. Therefore, the success and stability of democracy largely depend on the competence of those chosen to represent the people and shape the nation’s future.The Constitution, or the supreme law of the land, establishes the criteria for the competency of representatives. Furthermore, laws regulating the electoral process are key in setting the qualifications for those representatives. If these competency standards are not clearly defined, it can lead to uncertainty and undermine the core democratic principles of a nation or its governance. Well-defined guidelines regarding the qualifications and capabilities of representatives are vital to preserving the strength and functionality of democracy. In their absence, the system risks disorder and may struggle to represent the genuine will of the populace.