No liberal measure can really stop a fascist government, though. The judiciary in India is immensely powerful, but still somewhat influenced by local governments. There was a judge who, somewhat infamously, joined the BJP right after his retirement–this has never happened in Indian history. The Weimar Constitution, in theory, was the most democratic constitution with independent institutions and separation of powers. A constitution is only as good as those who interpret it. Even the guy who was the head of the Constituent Assembly famously said that he’d rather burn the document if it failed to protect minorities.
Of course constitution isn’t final, for example if 70% of people one day say they reject the constitution.
Still while constitution is in force and separation of power exists, even government lead by hindutwa fundamentalists with popular support in a country where most if not almost all think religion is super important, can’t dare go against constitution and change it to their liking (it needs 2/3 majority and still most fundamental aspects are immutable). Compare this to the mess the idiot US president is making. To do something similar the Indian government needs to make clever acts, to find loopholes and to abuse detective agencies.
The most dangerous thing going against the constitutional nature is UAPA which is a sedition act and is very much abused.
No liberal measure can really stop a fascist government, though. The judiciary in India is immensely powerful, but still somewhat influenced by local governments. There was a judge who, somewhat infamously, joined the BJP right after his retirement–this has never happened in Indian history. The Weimar Constitution, in theory, was the most democratic constitution with independent institutions and separation of powers. A constitution is only as good as those who interpret it. Even the guy who was the head of the Constituent Assembly famously said that he’d rather burn the document if it failed to protect minorities.
Of course constitution isn’t final, for example if 70% of people one day say they reject the constitution.
Still while constitution is in force and separation of power exists, even government lead by hindutwa fundamentalists with popular support in a country where most if not almost all think religion is super important, can’t dare go against constitution and change it to their liking (it needs 2/3 majority and still most fundamental aspects are immutable). Compare this to the mess the idiot US president is making. To do something similar the Indian government needs to make clever acts, to find loopholes and to abuse detective agencies.
The most dangerous thing going against the constitutional nature is UAPA which is a sedition act and is very much abused.