Through this maiden article, I would like to express my understanding about democracy and its established principles. This is not a politically motivated rebuttal that readers and citizens go through in print and social media on a daily basis. Readers are also requested to perceive it constructively, as I attempt to debunk the myths surrounding democracy.
“The rule of law is the basis for any democracy. And without the rule of law in democracy, you have chaos.” — Meles Zenawi
Notwithstanding, the other principles and characteristics of democracy, the two chief principles and pillars holding up the very foundation of what we mean by democracy are the ‘rule of law’ and ‘rule by the people’.
Today in every genuine democracy, ‘majority rule’ is both ‘endorsed’ and ‘limited’ by the ‘supreme law of constitution’. Hence, ‘majority rule’ cannot be the expression of ‘supreme power’ in democracy. The general misconception, however is that, we think democracy to be just and only about ‘majority rule’. To further elucidate on the justification: Every country with parliamentarian democratic and republic form of government has its own enacted constitution; parliament and assembly has its rules and regulations and procedures; every office or portfolio has its rules and code of conduct. Whereas, the problem with Nagas in general and our politicians in particular, is our ignorance of both the enacted laws and established procedures. There are certain laws and rules under specific framework and procedural guidelines that needs to be taken into account and consideration. Rather, we indulge in the disgraceful ‘game of numbers’ with no respect whatsoever to the ‘rule of law’. We tend to triumph against any rationality and code of conduct with the exercise of individual’s whims and fancies.
“If it be admitted that a man possessing absolute power may misuse that power by wronging his adversaries, why should not a majority be liable to the same reproach? Men do not change their characters by uniting with one another; nor does their patience in the presence
of obstacles increase with their strength. For my own part, I cannot believe it; the power to do everything which I should refuse to one of my equals, I will never grant to any number of them.” — Alexis De Tocqueville on “Tyranny of the Majority”.
Subsequently, in between Mobocracy and Democracy, it is the principle of ‘rule of law’ that draws the ‘line in the sand’. The notion of ‘might is right’ are long gone. Those were the days when sword triumphed over pen. Although, now it is the ‘law that triumphs over numbers’. Things have changed for good and it is time we catch up instead of clinging on to our misinformed and misinterpreted concepts, and past understanding of political scenarios. It is the constitution that is ‘supreme’ and no one is above the law. Political parties may come and go but the Constitution, Parliament and Assembly will remain; President, Prime Minister, M.P., Governor, Chief Minister and M.L.A. may come and go but the office, rules and regulations, code of conducts and its procedures will remain; the citizens may come and go but the State and the law of the land will remain.
Unquestionably, ‘Majority rule’ is as dangerous and dictatorial, if it is not coupled with checks and balances by and under the ‘rule of law’. While the basic concept of the ‘rule of law’ is widely debated and has many interpretations, it basically means a true and enforceable check against the abuse of power, whether this abuse comes from a ‘majority rule’ or an authoritarian government turning into a dictatorship. For everyone’s better understanding the ‘rule of law’ can be also differentiated from the ‘rule by law’. According to Professor Li Shuguang, “The difference....is that, under the ‘rule of law’, the law is preeminent and can serve as a check against the abuse of power. Under ‘rule by law’, the law is a mere tool for a government, that suppresses in a legalistic fashion.”
In further assimilation, the other two system under democratic form of government are:
(i). A governmental system ‘ruled by men’ is a system in which fallen man directs the course of the nation. This is the form of government where one man or selected few call all of the shots, which is not only dictatorial and oligarchical but also undemocratic where majority rules without any restraints or protections for minority opinions or rights nor respect for the law of the land. Accordingly, any ‘rule of men’ system i.e. mob rule is destined for failure and the nation or state or citizens will ultimately suffer under it.
(ii). On the contrary, in a ‘rule of law’ system, the nation possesses a set of guidelines usually in the form of a constitution, which sets the terms for governing. Only in accordance to the blueprints provided for governing, can any men execute their functions. The constitution is the ‘law of the land’ and ‘supreme’, and everything else must be measured up against it. A constitutional republic is the form of such government where the representatives of the people govern according to the constitutional limits of powers with a constant concern and respect for the ‘rule of law’.
Furthermore, history has also proven that any nation founded upon the shifting sands of the whim of men will always degenerate into oligarchy and tyranny. However, a nation of virtuous and educated people; which is founded upon and holds to the bedrock of the ‘rule of law’ system will maintain prosperity and freedom despite the natural occurrences and challenges of history. This elementary yet strikingly relevant dichotomy is misunderstood and misinterpreted by many Nagas. Wherefore, we have been mistakenly led away from the ‘rule of law’ system and towards something, that was not intended to transpire out of a democratic form of government.
“It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws.” — Aristotle
Aristotle endorsed the ‘rule of law’, writing that the ‘law should govern’, and those in power should be ‘servants of the laws’. Long story short; either you play it by the rule or crawl back to where you came from. It is sheer ignorance that makes one think anything and everything is possible in politics. Sliding away from law or trying to outsmart, disrespect or undermine it, will only result in earning the tag of null and void.
Irrespective of whichever faction/party it maybe, legitimacy cannot be established by sole measure of strength in numbers. It should have to follow and go through the due process of laws and procedures. In any event, as a country having set up a parliamentary democratic and republic form of government, with enacted constitution. It becomes the duty and responsibility of every citizens to acknowledge such laws and abide by it; for the law of the land is supreme, the law is equal for all and ignorance of law cannot be an excuse.
Our senior politicians are setting up a very wrong and an unacceptable trend upon its citizens and for the younger generations to follow. Just because they were given the mandate to govern for a term; does not necessarily mean they can do as they wish and destabilize or dismantle the whole system or distort democracy to suit your personal interest without any accountability. Their personal ambitions and enmities cannot supersede their responsibilities, duties and obligations to the people and the law.
Flabbergasted by the recalcitrant nature of our representatives and taciturn citizens, I call upon our elected representatives to stop fighting over their personal ambitions at the expense of citizens time and money, and would like to remind them of the purpose of their being elected i.e. to govern its citizenry and develop the state. It is time they realise how much we could have achieved having cleared all the hurdles by giving absolute majority and an opposition-less government. Instead of fighting and playing ‘game of thrones’, neglecting and abstaining from their priorities, like a bunch of snollygosters. I challenge our representatives to rise above mediocrity, enmity, tribalism, nepotism, jealousy, greed, selfishness, ignorance and intolerance, and champion the cause for which they received mandate of the people.
Democratic societies are committed to the values of tolerance, cooperation, and compromise. So let us shrug off our egos, greed and ambitions and strive for a better society with a stable, proactive, pro people and pro development approach driven government for better governance and development.
‘Listen, respond and deliver’, should be the Magna Carta based on which our elected representatives must govern and function. Today, we would do well to remember that the ‘law of the land’ is ‘supreme’ and people should act only in accordance with the ‘rule of law’. The proverbial chains of the ‘rule of law’ are meant to bind men down from their wayward tendencies. Let us restore democracy in its true essence.
“Let no more be said of confidence in man, but bind him down from mischief by the chains of the constitution.” - Thomas Jefferson
