India’s Laboratory of Democracy
Can the World’s Largest Democracy Survive the Modi Administration?
Welcome to another essay from Civic Way’s series on global democracies. The author, Bruce Anderson, is an advisor to Civic Way. Bruce has an MBA and over 45 years of management experience with private entities like Price Waterhouse and public sector entities like the Cleveland Public Schools. He has managed projects for numerous other agencies, including colleges, schools, cities and counties. Bruce also served in the Peace Corps.
Civic Way’s Comparative Democracy Series
The world’s democracies come in many forms. Some have strong central governments, some federated structures. Some an independent president and some a parliament. Some forms have cultural or historical origins, but most are enshrined in a constitution.
Regardless of their form, democracies face similar challenges. To meet these challenges, many nations refine their constitutions, laws and cultural norms. Learning about these changes, and the risks they were meant to abate, can bear promising ideas for preserving and improving our own democracy. This essay takes a look at India, the world’s largest democracy.
An Introduction to India
The Republic of India (India[i]) became independent in 1947 after three centuries of colonial rule. At the same time, tensions between Hindus and Muslims produced the Great Partition and birth of Pakistan. Disputes persist to this day with Pakistan (and other nations in the region[ii]). India has the 8th largest land mass (about one-third the size of the US).
With a population of over 1.4 billion, India is not only the world’s largest democracy, but its most populous country (recently surpassing China). With over two thousand ethnic groups, it also is one of the world’s most diverse nations. It While its largest language is Hindi, it has over 20 officially recognized languages (English is a subsidiary official language).
India’s rapid economic ascent has been remarkable. Its economy has grown from the 11th largest to the fifth largest in the world in only a decade[iii]. India's GDP surpassed Great Britain’s in 2022 and should exceed Japan’s and Germany’s by 2029 (making it the third largest in the world). India is a member of BRICS (Brazil, Russia, India, China and South Africa). The economy’s growth has helped the Modi government rapidly upgrade the nation’s infrastructure[iv].
India’s South Asian location, bordering the Indian Ocean, China and Pakistan, and near the Middle East, Russia and Africa, gives it great strategic value as a diplomatic partner and global trade center. The Indian diaspora—18 million strong—extends its global reach. India also has been recognized as a global space, nuclear and security power[v] and an elected member of the United Nations Security Council.
India is steadfastly non-aligned. Its foreign policy has been unpredictable, balancing accords and disputes with the likes of China, Great Britain, Russia and US. India has neither condemned Russia’s invasion of Ukraine nor refused to purchase Russian oil. India acts in its own interest and is keenly aware that no nation, especially the US, can afford to ignore it.
India’s Government
Under its 1950 Constitution, India has a parliamentary republic loosely resembling the British model. It is a federation with a strong national government—the Union—and relatively weak local government. The Union government has three branches as follows:
Executive branch – The Prime Minister, as head of the Union government, presides over the Council of Ministers[vi] and ministries and serves as the nation’s chief executive. The President, as symbolic head of state, presides over the Parliament and makes formal appointments[vii]. The Vice President is an ex officio member of Parliament’s upper house.
Legislative branch – The Parliament is bicameral with an upper house (Rajya Sabha or Council of States) and lower house (Lok Sabha or House of the People). The Rajya Sabha has 245 members, 233 of whom are selected by state and territorial legislatures[viii]. The more powerful Lok Sabha has 543 members all of whom are elected by plurality from single member constituencies[ix].
Judicial branch – The judicial system has three tiers, the Supreme Court (a chief justice and 33 associate justices), 25 high (appellate) courts and numerous trial courts. The Supreme Court has original jurisdiction regarding fundamental rights, may nullify union or state laws or any government action it deems unconstitutional and may issue opinions on pending laws (upon request).
India is a federation with a strong central government—the Union government—and 36 states and territories[x]. Except for five territories directly ruled by the Union government, all states and territories have three co-equal branches of government. In addition, there are over 250,000 local government bodies (e.g., cities, towns, blocks, districts and villages).
India’s Democracy
For 2022, the Economist’s Intelligence Unit labeled India a flawed democracy with a Democracy Index score of 7.04 and a global ranking of 46th (tied with Poland). India, with the exception of small score improvements in 2021 and 2022, has seen its DI scores steadily decline since 1994 (it has received especially low scores for political culture).
The Freedom House, in its 2023 Freedom in the World Report, classified India as Partly Free with a score of only 66 (of 100)[xi]. It criticized Prime Minister Modi and the ruling Hindu nationalist Bharatiya Janata Party (BJP) for “discriminatory policies” and “persecution” against minorities.
Other noteworthy aspects of India’s democracy include the following:
Voting – India has over 911 million registered voters[xii]. Most voters cast their ballots using Electronic Voting Machines (EVMs), but some may vote by mail using the Electronically Transmitted Postal Ballot Papers (ETPB) system[xiii]. There is no penalty for not voting.
Elections – The country’s elections and selection procedures aren’t flawless but generally regarded as free and fair. National elections were relatively competitive at least until recently.
Campaign financing – India has campaign spending caps for candidates but not political parties. Political donations, however, are rarely disclosed and virtually impossible to track.
Executive branch – The Prime Minister is usually the leader of the Lok Sabha’s majority party[xiv]. The President is indirectly elected through an electoral college[xv]. Both serve five-year terms.
Legislative branch (Rajya Sabha) – 233 members are indirectly chosen by state and territorial legislatures to staggered six-year terms (then formally appointed by the President) and 12 members are selected by the President.
Legislative branch (Lok Sabha) – All members are elected by popular vote (first-past-the-post) to five year terms from single-member constituencies. The elections may be conducted in phases.
Legislative representation – The Rajya Sabha is elected using a proportional representation system (i.e., proportional based on each state's share of the national population).
Judicial branch – The President, with the judicial branch’s counsel, appoints supreme court and high court judges[xvi]. The Supreme Court has resisted the BJP’s efforts to change this process, but the Modi government has responded by refusing to appoint the judiciary’s preferred candidates.
Term limits – There are no term limits for President and Vice-President. There are no term or age limits for Parliament members. The Supreme Court has an age limit of 65 years but no term limits.
Removal process – The Lok Sabha may end the Prime Minister’s term with a simple majority no-confidence vote. The Prime Minister (Council of Ministers) also may direct the President to dissolve the Lok Sabha (all pending bills lapse). A supreme court justice or chief election commissioner may be removed upon a two-thirds vote by both chambers of the Parliament.
India has a multi-party system with six major (formally recognized[xvii]) national parties and over 50 regional parties. The most powerful parties are the Bharatiya Janata Party (BJP) a right-wing party and Indian National Congress (INC) a center-left party. From 1950 until the late 1980s, the INC was the dominant party. Since the 1980s, however, the INC and BJP have taken turns at the helm, often forming multi-party coalitions with smaller parties. The BJP is widely viewed as a North Indian, Hindi-speaking party, if not a Hindu nationalist party.
The Election Commission of India (ECI) was established in 1950 to oversee Union, state and territorial government elections. The President appoints the ECI head (Chief Election Commissioner) to serve a six-year term or until the age of 65 years, whichever occurs first. At the state and local levels, the ECI is assisted by state Chief Electoral Officers and District Election Officers. While the ECI long won plaudits for its independence, its recent performance has been subject to more scrutiny.
India’s Recent Political Landscape
In 2014, Narendra Modi and the BJP ended ten years of INC-led government. After gaining power, Modi and the BJP enacted several measures to control the opposition party and solidify its grip on power. The BJP relaxed many campaign financing rules, such as donation caps and disclosure requirements. It also launched the electoral bond system in 2017 to keep campaign donations secret.
In 2019, the BJP won 303 Lok Sabha seats (37 percent of the votes). Its National Democratic Alliance (NDA) coalition won 353 seats. Modi won a second term as prime minister. The INC finished second with 52 Lok Sabhaseats (19 percent of the votes). The INC and United Progressive Alliance (UPA) coalition, with 92 seats, earned Opposition Leader status[xviii]. Smaller parties and independents won the other seats. Women won only about 15 percent of Lok Sabha seats and Muslims won only five percent[xix].
In 2022, the BJP candidate won the presidency (the first tribal community member to serve as head of state). The BJP maintained control of five states, but the INC won one state and the Aadmi Party (AAP) won two states. Opposition parties control many of India’s 28 states. During 2022, widespread Muslim protests triggered tough government responses, including the destruction of Muslim-owned properties.
The Modi government appears to be leading (or encouraging) intimidation efforts against adversaries. Heavy-handed corruption investigations by the Central Bureau of Investigation (CBI) against opposition parties. Anti-Muslim activities by some Hindu nationalist groups. Online trolling and sedition charges against minorities (e.g., castes or Dalits) and government critics. A new Central Monitoring System that enables the government to track digital communications without judicial oversight.
Possible Lessons for the US
India’s democracy, while flawed, has some features which could be worth exploring, such as:
Voting – Concerns about youth voting turnout notwithstanding, India’s relatively high overall turnout (voter turnout was 67 percent in 2019) merit further analysis. For instance, voting procedures (like postal voting) could contribute to higher turnout.
Elections – A single Election Commission for administering all national and state elections, and the use ofphased elections, may improve election efficiency and legitimacy.
Legislative branch – the relatively long legislative terms (six-year terms for the Rajya Sabha and five-year terms for the Lok Sabha) enable legislators to spend more time on governance.
Legislative representation – The proportional representation system for the Rajya Sabha allocates seats to states based on each state's relatives share of the national population.
Judicial branch – The Supreme Court’s size and appointment process probably make judicial appointments less political, but recent efforts by the Prime Minister and BJP to influence appointments could affect the impartiality of Supreme Court rulings.
Term limits – The age limit for Supreme Court justices promotes turnover and probably tends to reduce the politicization of the appointment process.
Removal process – The Lok Sabha’s power to remove the Prime Minister with a no-confidence-vote affords some accountability, especially when governing coalitions are fragile.
Pluralism – India’s political pluralism appeared to encourage political collaboration and governing coalitions, at least until the PJB’s recent ascent and consolidation of power.
India’s democracy, while relatively young, has shown considerable resilience. Like other democracies, however, it remains vulnerable to many perils. Some, like the caste system, are unique to India. Others, like religious nationalism, threaten democracy in many nations, including the US. With 220 million Muslims and Muslim-majority states like Kashmir, and growing crackdowns and harassment[xx], India faces a threat of unparalleled scale.
The Modi administration faces many daunting challenges, like economic growth, unemployment, climate change, food security and social tensions, and has bold global ambitions. Yet, it seems preoccupied with neutralizing political adversaries and consolidating political power. It uses defamation law to silence political dissent[xxi]. It pressures media outlets to discipline critical journalists. It curtails internet access in contested areas. It enacts discriminatory laws like the Citizenship (Amendment) Act.
India exhibits several features of a backsliding democracy—increasing one-party dominance, decaying institutions, sham investigative raids on independent civic groups, media crackdowns, pro-government propaganda outlets, disinformation networks, political dissent suppression and vigilantism. Do such signs portend the country’s transition from democracy to authoritarianism?
Eventually, as India confronts the future, it will have to answer the question facing many democracies. What is more important, amassing political power or preserving democracy?