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The Role of Law in Protecting India’s Democratic Institutions

Pune, (Maharashtra) [India] August 19, 2025: In a time when the resilience of India’s democratic framework faces unprecedented tests, Rest The Case hosted a high-impact panel discussion titled “The Role of Law in Protecting India’s Democratic Institutions.” The session featured Adv. Ranesh Anand, a Jharkhand High Court practitioner specializing in Service Law, Criminal Law, and Cyber Law,

Adv. Anand began by unpacking the fundamental relationship between law and democracy in the Indian context. He stressed that the law is not merely a set of rules but the scaffolding that supports the judiciary, the Election Commission, the media, and civil society the four essential pillars of democratic governance. While the Constitution offers robust safeguards, he observed that institutional independence is continuously tested by political, economic, and technological pressures.

Reflecting on the judiciary’s role, he recalled historic moments when judicial interventions, most notably during constitutional crises, preserved democratic values in the face of executive overreach. At the same time, he cautioned that judicial delays, backlogs, and opacity in appointments could undermine public trust and weaken democracy’s defensive lines. He drew attention to the collegium system and suggested reforms ranging from greater transparency in appointments to exploring the possibility of an independent constitutional body for judicial selection.

Transparency mechanisms such as the Right to Information Act also came under discussion. Adv. Anand expressed concern over recent amendments that dilute the RTI framework, arguing for stronger statutory protection for institutions like the CAG, Lokpal, and CVC so that they are not symbolic but empowered to act without fear or favor.

Turning to emerging threats, he highlighted the risks posed by mass digital surveillance, weak data protection norms, and the absence of comprehensive privacy laws. According to him, any attempt to secure the state must be proportionate and subject to judicial oversight to prevent the erosion of civil liberties.

In his final remarks, Adv. Anand emphasized that no law, however well-crafted, can safeguard democracy without active civic engagement and political will. Legal reforms, he urged, must be proactive rather than reactive, keeping pace with the challenges of a fast-changing society.

Miss Shreya Sharma, Founder and Director of Rest The Case, closed the session with a reminder: “Democracy is not self-sustaining. It requires laws that are alive to our realities, institutions that are independent in both spirit and structure, and citizens who are willing to defend the freedoms they inherit. The law is the shield, but we are its custodians.”

As Rest The Case continues to facilitate such dialogues, this discussion stood as a timely call to strengthen India’s democratic guardrails before they are tested beyond repair. For updates on future events, insights, and resources, visit http://www.restthecase.com or follow @restthecase__india on Instagram and LinkedIn.

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