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VOLUME 2 : ISSUE 1 || May 2020 ||

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ABOUT US

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With this thought, we hereby present to you

WHITE BLACK LEGAL: THE LAW JOURNAL

4 www.whiteblacklegal.co.in ISSN: 2581-8503 RISE OF DEMOCRACY IN ATHENS AN INDIAN PERSPECTIVE (By Abhishek Sharma)

ORIGIN OF DEMOCRACY IN ATHENS

Athens is the largest city in contemporary Greece and one of the oldest named cities in the world. The Greek city-state (knowns as polis) of Athens is regarded as the testimony of the origin of democracy in ancient Greek. The genesis of word democracy (demokratia) has been derived from demos, which refers to the entire citizen body, and kratos which means rule. It is a form of government in which political control is exercised by all the citizens, either directly or through elected representatives.

Before the arrival of democratic government, Athens was run by a succession of archons1 and the Areopagus.2 Areopagus was an institution which existed long before the democratic government and was the central governing body of Athens. Its members were generally aristocrats who ruled the polis for their own advantage. During the period between 1110 BC to 900 BC many new city states emerged which were controlled by some powerful elites. Government was controlled through institution of “Areopagus” which proved disruptive to the lower- and middle-class Athenian citizens. Imprudent and harsh policies made by the aristocratic families led to their dominance subject to harsh treatment and enslavement by the rich and powerful. Another crucial element before the inception of democracy that played a vital role in bringing the lower and middle class were the “Hoplite Soldiers”3. Hoplite Soldiers are an example of free citizens who made up the bulk of ancient Greek armies. Hoplites were middle class citizens who were not professional soldiers and often lacked sufficient military training. These middle class declared that their military services should bring full citizenship and political representation. All this led to tension between upper class and rest of the Athens which included lower and middle class.

COMING OF DEMOCRACY TO ATHENS

The tension and scuffle between the two classes were solved around 594 BC by the reforms of statesman “Solon”4. He was Plato’s5 ancestor who was convinced by laboring class to liberate them and halt the feuding of the aristocracy. Some of the reforms issued by “solon” were

 Athenian citizens were granted the right to participate in assembly meetings.

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 A council of 400 members (with 100 members from all four existing tribes) called the boule ran daily affairs and set political agenda  He introduced a graded oligarchy  Aristocrats controlled higher offices and carried on the role of “guardianship” of the laws.  Middle class- lower offices  Poor could be settled by lot to serve on jury  He established an Assemble or Ecclesia, which was open to all male citizens.

6th Century BC Athens comes under Tyranny of peisistratos

Against this Tyranny a new leader named “Cleisthenes” emerged supported by Lower plus middle class

Cleisthenes was the one who established true democracy in Athens in around 507 BC. He introduced certain reforms such as

 He undermined the domination of aristocratic families and formally identified free inhabitants of Attica as citizens of Athens  The four existing tribes were replaced by ten new tribes (phylae) each split into thirds consisting of 140 Demes1. Each male citizen over 18 was registered in his deme  The assembly was open to all male citizens and met four times a month to decide upon important foreign policy  Boule consisted of 500 members comprising 50 men from each the ten tribes  The members of the council were chosen by their demes. An executive council of nine with a chairman and a secretary made sure things run smoothly .The parliament in contemporary Athens is still called Boule. In 462 BC the third set of reforms was instigated by Ephialtes. He went on to reduce the powers of the Areopagus by establishing a criminal court for cases for cases of homicide and desecration. Pericles who was his deputy built famous ‘Parthenon’ (Temple of democracy) in 447 BC.

6 www.whiteblacklegal.co.in ISSN: 2581-8503 Pentecontaetia – period between the defeat of the Greece in Persian wars (479 BC) and start of Peloponnesian War in 431 BC. During this period, Athenian democracy reached height of Democracy.

FALL OF DEMOCRACY

Finally, during the Peloponnesian war Athens lost and surrendered to Sparta in 404 BC, when Government was replaced by pro-spartan oligarchs. Democratic elements regained control until the ////Macedonian army of Phillip II conquered Athens in 338 BC. However, democracy was restored in 3014 BC but finally Roman conquest of Greece in 146 BC effectively ended Democracy in Athens.

DEMOCRACY IN

Indian civilization is one of the oldest in the world. As a form of government, democracy is not just the Legacy of British but ancient history of India reveals that democratic republic exists even before 6th century BC. In fact, historians have acknowledged Vaishali1which was the capital of the vibrant vajji confederation, since before the birth of Mahavira (599 BC), which suggests that it was perhaps the first republic in the world, similar to those later found in Greece. One of the earliest instances of the principle of democracy in India is originated from the Vedas2. The ‘Sabha’ and ‘Samiti’ are mentioned in both Rig Veda and Atharva Veda. In these meetings decisions were made after the discussion with the king, ministers and scholars. People were divided into different groups reflecting distinct ideologies and take a decision after mutual consultation. Many more democratic Institution were established in India Prior to birth of Lord Buddha in 6th century. These republics were known as Mahajanapadas.1

1947 SAW THE BEGINNING OF A NEW INDIA

The Indian democracy is partly an inheritance from the British and partly the result of genius and foresightedness of founding fathers of our constitution. It was Government of India Act,1935 that laid foundation of democratic rule in India. Pandit Jawahar Lal Nehru 1st PM of independent India delivered his speech on eve of India’s Independence towards Midnight on 14 August 1947. The constitution of free India accepted democracy as the basis for ruling the country. Our Democracy has stood the test of times for the first 60 years of our independence. India’s first few years were marked with turbulent events, massive exchange of Population with Pakistan during Indo-Pak war 1947.However over the years We’ve witnessed a time when a single party, dominated both at the center and the state. It’s been 70 years of independence and Indian Democracy has gone several layers of evolution.

7 www.whiteblacklegal.co.in ISSN: 2581-8503 HISTORY OF ELECTIONS IN INDIA

S.NO Election year Winning Seats Won %Vote Other prominent party Share party

1. 1952-1957 INC 364 45% CPI=16

2. 1957-1962 INC 371 47.78% CPI=27

3. 1962-1967 INC 361 44.72% CPI=29

4. 1967-1971 INC 283 40.78 S.W. P=44

5. 1971-1977 INC 352 43.68 CPI=23

6. 1977-1980 Socialist 345 51.89 INC(R)=153 Janta party (Janta Alliance) 7. 1980-1984 INC 353 66.6 Janta party=43

8. 1984-1989 INC 404 78.5 Telegu Desam Party=30 9. 1989-1991 Janta Dal 273 51.6 INC=195

10. 1991-1996 INC 244 44.5 BJP= 121

11. 1996-1998 BJP 352 60.09 INC=140 (161+171)

12. 1998-1999 BJP 283 50.09 INC=141 (182+101)

13. 1999-2004 BJP 270 49.8 INC=114 (182+88)

14. 2004-2009 INC 335 61.4 BJP=138 (145+190)

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15. 2009-2014 INC 262 48.4 BJP=117 (206=52)

16. 2014-2019 BJP 282 52.09 INC=44

17. 2019-2024 BJP 303 55.5 INC=52

HISTORY OF WEAK OPPOSITION IN INDIA

Nehruvian Era (1952-1964)

The term ‘Nehruvian era’ is referred to an era that began with India getting Independence from Britain nearly after 90 years and becoming the first Prime Minister of Independent India. In an article, ‘A Quintessential Man’ written by Mr. M Riaz1 Hasan has paid laudatory tributes to Jawaharlal Nehru, suggesting that he was capable of becoming the Prime Minister of the Unites States of America or the UK. But his compatibility and suitability for running a country like India which was under deep distress was something to be looked after.

Corruption exasperated Indian politics at the very beginning of the Nehruvian era.

 JEEP SCANDAL CASE VK Krishna Menon, Indian High Commissioner to Great Britain in 1948, bypassed all norms to struck a deal worth Rs. 8 million for the purchase of jeeps for the army. Only 155 jeeps were supplied against an order of 200 jeeps. Nehru forced the government to accept it and the scandal hushed up and the Nehru government promulgated on 30 September, 1955 that the jeep scam case was closed and needed no further enquiry.

The same VK Menon was inducted and subsequently evaluated to the position of Defense Minister of India.

 MUNDHRA SCANDAL Haridas Mundhra was a Calcutta-based industrialist who got the government owned Life Insurance Corporation (LIC) to invest a sum of Rs 1,26,86,100 in the shares of six of his troubled companies. The same investment was done under governmental pressure and without consulting LIC’s investment committee.

9 www.whiteblacklegal.co.in ISSN: 2581-8503 Meanwhile, Prime Minister Jawaharlal Nehru’s son-in-law and a Member of Parliament from Indian National Congress, demanded a clarification for LIC’s decision. raised the issue in the Parliament and charged the principal Finance Secretary, H.M. Patel and Finance Minister, T.T. Krishnamachari of pressurizing LIC’s investment. The son-in-law also claimed that he had possession of confidential letters between Mr. Patel and Mr. Krishnamachari regarding this investment. Mr. Nehru appointed former chief justice M.C. Chagla as a one- man commission of enquiry. Hearings of Chagla commission were conducted in public and submitted the reports within 24 days. Mr. Krishnamachari resigned from his post of Finance Minister on February 18, 1958. Mr. Mundhra was also arrested and he went to jail for 22 years.

 SOME OTHER SCAMS INA treasure chest disappearance, BHU funds misappropriation, cycle import scam, Tej loan Scandal,

REASONS FOR CORRUPTION

1. Week opposition: first elections were held between 15 october,1951 till 27 march,1952. Indian National Congress emerged as the clear winner by winning 364 seats and Communist Party of India winning 16 seats. Earlier Nehru’s rivals like Sardar Vallabhai Patel and C Rajagopalachari were suppressed by Mahatma Gandhi before Independence. No other political party nor any big leader could emerge and get closer to the mighty Congress. 2. Dynasty: Nehru made his daughter the congress President in 1959. Nehru indicated to his party men that he wanted her to succeed him which finally happened in 1966. Congress showed early signs of Nepotism and Corruption. 3. Tavleen Singh in her 2011 article “Time for dynastic democracy to die”, has judiciously observed that “when a political party or any constituency becomes an inheritance, it becomes a private estate whose purpose is to benefit the family who owns it. Most of the leaders in that era were corrupt and busy building their own empire. Just like Nehru who helped his own daughter to become the next big thing in Indian National Congress. INDIRA PRIYADARSHINI GANDHI

Mother India’s Era (1966-1977)

Indira Gandhi was the daughter of Jawahar Lal Nehru who was the first prime minister of India. She served as Prime Minister of India from January 1966 to March 1977 and again from

10 www.whiteblacklegal.co.in ISSN: 2581-8503 January 1980 until her assassination in October 1984. She is the second longest serving Prime Minister after her father and, to date, the only female Prime Minister of India. She is often regarded as the ‘Mother India’ or ‘Goongi Gudiya’ who went on to become iron lady of India.

Indira Gandhi’s political leadership split the opinions of critics as much as her personality. During her era many saw her as the reason behind India’s economy crises as she did very little to alleviate problems of sanitation, hunger & poverty, religious stability and caste that blighted the country. She used her power injudiciously by implementing emergency, imprisoning opponents, engaging in unwise election practices to name just a few of the ways in which she ruthlessly fought her corner. When India was facing economic crisis, weak opposition was yet another concern for maintaining healthy competition in the political

Weak opposition during Indira Gandhi’s term lead to arbitrariness

Election Winner Vote share Other prominent party 1967-1971 INC 40.78% Swatantra party 283 seats 44 seats

1971-1977 INC 43.68% Communist 352 party of India 23 seats

Gandhi’s were formidable. Indian National Congress was established to give educated Indians a greater share in government and to take active and consolidated part in the freedom struggle for the welfare of India. But when and how these objectives took back seat and self-interest, corruption and scams became part of the congress. There are various instances when Indira Gandhi led government tried to strike down the supremacy of Supreme Court, indulged in scams, unfair Electoral practices and tried to bring some sort of dictatorship in the country.

11 www.whiteblacklegal.co.in ISSN: 2581-8503 REFERENCES

1. Ancient Greek History, Hostory.com editors, 19 August 2019, available at https://www.history.com/topics/ancient-greece/ancient-greece-democracy (Last visited 29 May 2020)

2. Democracy (Ancient Greek), National Geographic, available at https://www.nationalgeographic.org/encyclopedia/democracy-ancient-greece/ (Last visited 27 May 2020)

3. He Ancient Near East and the Rise of Democracy in Athens, DR. Claudia Horst, available at https://www.en.ag.geschichte.uni-muenchen.de/research/democracy/index.html (Last visited 28 May 2020)

4. India’s First General elections, Rucha Gopal, available at http://www.southasiaathudson.org/history-of-indias-elections (Last visited 27 May 2020)

5. UPA Report Card, Nine Year Nine Scams, India Today, available at https://www.indiatoday.in/india/photo/upa-govt-9-years-9-scams-sonia-manmohan-369868- 2013-05-22 (Last visited 30 May 2020)

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