Jan 11, 2025
By Ahmed Saeed
LAHORE
The judiciary in India has surrendered to Prime Minister Narendra Modi’s repressive actions, and judges in the higher judiciary are no longer able to protect the fundamental rights of citizens. This was stated during a panel discussion on Indian democracy at ThinkFest 2025, held at Alhamra Arts Council on January 11 (Saturday).
Moderated by senior journalist and TV host Munizae Jahangir, the panel discussion titled ‘Indian Democracy: Tyranny of the Majority’ featured French author Laurent Gayer and Pakistani historian Dr. Yaqoob Bangash, who delved into the intricacies of India’s political system and its diverse society.
Former Indian Chief Election Commissioner Dr. S. Y. Quraishi was also scheduled to join the discussion, but he could not travel to Pakistan due to family commitments.
Responding to a question by Jahangir on why Indian courts failed to overturn controversial legislation such as the Citizenship Amendment Act, Dr. Bangash said that the judiciary in India is completely under the control of the executive.
“No judge can be appointed to the high courts or the Supreme Court of India without the approval of the law ministry. The executive has the power to block the appointment of unfavorable judges,” he stated, adding that the Indian judiciary, once regarded as a torchbearer for fundamental rights and a protector of constitutional freedoms, has lost its independence. “This is the same judiciary that gave the world the concept of ‘Public Interest Litigation’”
Dr. Bangash also pointed out the lack of reaction from Indian civil society and media to repressive actions.
“Even those who protested against the repressive laws were left unattended. Leaders of the student movement were jailed, and no one spoke up. By contrast, in Pakistan, media—especially digital platforms—give coverage to those who face state aggression,” he emphasized.
Gayer highlighted that the use and abuse of anti-terrorism laws against rights activists have become a global phenomenon. Citing France as an example, he said such laws are being used to suppress environmental activists. On the uneven media coverage given to smaller political parties in India, Gayer noted that this has forced political groups to explore new avenues, such as Rahul Gandhi’s Bharat Jodo Yatra (Unite India March).
The Bharat Jodo Yatra, a political movement organized by the Indian National Congress (INC) and led by Rahul Gandhi, took place between 2022 to 2023. It was a nationwide foot-march covering over 4,000 kilometers across 12 states and two union territories, starting on September 7, 2022, in Kanyakumari, Tamil Nadu, and concluding on January 30, 2023, in Srinagar, Jammu and Kashmir.
When asked by Jahangir whether India is heading toward a one-party democracy, Gayer said that India’s political landscape is shifting.
“India is becoming an ethnic democracy due to the entrenchment of the RSS and other hardline elements in the judiciary and military,” he stated. He further warned that Modi’s actions could adversely affect India’s federalism, a cornerstone of its democracy. “The abolition of Article 370, the push for ‘one nation, one election,’ and ‘one police’—these initiatives by Modi’s BJP are detrimental to Indian federalism.”
However, Gayer was optimistic that Indian civil society and marginalized groups have started to fight back against oppressive actions.
“The protests by Muslims against the Citizenship Act, by farmers against the new agriculture laws, and by students against harassment on campuses have reignited resistance in India”, he said.
India- Pakistan Relations
On the strained relations between India and Pakistan, Dr. Bangash remarked that while India can afford to ignore Pakistan to some extent, Pakistan needs India for its economic growth. However, he noted, Pakistan has failed to capitalize on this opportunity.
Jahangir added that India expects progress from Pakistan on cases related to the Mumbai and Pathankot terrorist attacks, while Pakistan seeks concessions from India on the Kashmir issue. She suggested that if the relationship between the two nations is left to politicians, there might be hope for improvement.