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Civil Disobedience under Democracy: The Case of Boycott of Centralised Compulsory Attendance in JNU: Tejal Khanna

Guest post by TEJAL KHANNA

It is often advised that civil disobedience in the form of breaking a law must not be practiced under a democracy. It is because democracy by giving the space for open discussion prevents a situation wherein people are compelled to think of civil disobedience. Moreover, if citizens develop faith in civil disobedience then that only undermines the rule of law. Such an act doesn’t strengthen democracy but rather helps in diminishing its ethos. People must be discouraged to break laws because in a democracy, it is they who elect their representatives through free and fair elections. These representatives then make laws to which open disobedience must not be practiced. Citizens can also vote for change of leadership in the subsequent election cycle, if they feel their representatives have been incompetent. However, while these provisions fulfil the conditions of a well functioning procedural democracy, what recourse do citizens have, when their representatives don’t act in the interest of the governed continuously but function in an autocratic manner? What if laws are made without following the spirit of democracy? Does that really result in making a substantive democracy?

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