Is India, still a democratic Republic?

Constitutionally, India is a democratic Republic. The Government, is, of the people, by the people and for the people. None is supreme, except the people and the will of the people. 

The Government, is represented by the Council of Ministers (group of Cabinet Ministers) and the Prime Minister is its ceremonial Head. 

The conjoint reading of Article-74 and 78 of the Constitution of India clearly states that, the Council of Ministers is supreme and the President of India shall act in accordance with the advice tendered by the Council of Ministers through its head, the Prime Minister. 

The provision of law, also makes it clear that, the Prime Minister is only the head of the Council of Ministers and the decisions of Cabinet are always supreme, final and binding on Prime Minister and also on the President of India.  

The role and responsibility of the Prime Minister, under the Constitution of India, thus, is that of a postman, just to  convey the advices / decisions of the Council of Ministers to the President of India and also to simply follow the same through execution and implementation. Article-74 and 78 of the Constitution of India read as under ;

"Article-74 : Council of Ministers to aid and advise President.

1[(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice:]

2[Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.]

(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.

Article-78 : Duties of Prime Minister as respects the furnishing of information to the President, etc.

It shall be the duty of the Prime Minister-

(a) To communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation;

(b) To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and

(c) If the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council."

And, now, in the present parliamentary democracy, the situation seems to have  been changed, rather reversed. The Prime Minister is acting supreme, he appears to be a decision maker and his decisions appear to be final and binding on the Council of Ministers and also on the President of India. 

The Council of Ministers, have virtually become insignificant, irrelevant, non-existent and seemingly lost all power and liberty to have any say boldly, without fear or favour of the Prime Minister. The Council of Ministers are seemingly under the mercy, parole, and control of the Prime Minister. The decisions of the Prime Minister are seemingly imposed on the Council of Ministers for the sake of legal formality for approval and many Cabinet Ministers are even today are unseen, unheard of, and some are even unknown in public domain, and, the same is fate about their presence and their independent opinions in any cabinet meetings, if they had ever participated and were vocal on their views and stands, without fear or favour. Strangely, dictatorship has all these essential requisites within its folds. 

Now, with the ongoing developments in India, can we still within the framework of the Constitution of India, be able to consider India as a democratic Republic or the one ruled through dictatorship ? 

Whether the present Government, be termed as, of the people, by the people and for the people, especially when the Council of Ministers representing the people have almost become irrelevant and non-existent before the Prime Minister? 

Whether, now, the Prime Minister is Supreme, and, the people and their will through the Council of Ministers has lost its Supremacy ? 

Whether the Government has any Regards and respect for the Constitutional principles and Constitutional morality? 

Whether, the Constitutional principles and Constitutional morality, are obstacles for the the government to push its hidden agenda against democracy ?  And, is that the reason, they are vocal on changing the Constitution of India itself ? 

And, to answer this, entire facts are infront of us and it is the right time to self-analyse and answer ourselves. Better late than never. 

Chronology Samjho aur Atmanirbhar bano. Varna, zindagi bhar bajate rahoge taali aur ghanti. 

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