Lessons for a Democracy: On the Meaning of the Abrogation of Article 370

The Indian Government's decision to revoke Article 370 and bifurcate J&K into two Union Territories has been criticized by its detractors as 'majoritarian', 'unconstitutional', and denounced as a 'betrayal'. The ruling party's majoritarian ideology is an open secret and the constitutionality of the action is something for the Supreme Court to decide. However, it's within the purview of public reason to deliberate whether or not the action of the Indian Government constituted a betrayal of the Kashmiri people and their trust in the Indian state.

It constituted a betrayal as far as how the whole procedure was carried out. To ensure that their bill would see the light of day, the government took unprecedented actions to stifle the opposition. They cleared the valley of pilgrims and tourists, declared a tight curfew on the state, and put the leaders under preventive detention. Even the leaders of the state were kept in the dark about this critical piece of legislation that fundamentally altered India's relation with Jammu and Kashmir. Adding insult to the injury, the state ceased to be one and was bifurcated into two Union Territories. None of this is to the credit of the government. The feeling of betrayal is justified.

For me, the government's action betrayed two lessons about the nature and working of a democracy. Firstly, it proves the limitations of procedural democracy, one without a sense of the spirit of democracy. In terms of the law, nobody can accuse the government of illegality. The Indian Government is fully authorized to bring amendments and change the parts of the constitution, as long as it got the numbers in the two houses. Yet, the feeling of deceit is palpable. Secondly, even in a democracy, the government has near-absolute powers that could rewrite the destiny of millions at the stroke of a pen. The critical difference between a democracy and an autocracy is the sense of restraint and fair play and that's what the government flouted. That's the margin where democracies are made and unmade.