Senior advocate and former Union Law Minister Dr Ashwani Kumar has issued a stark warning about the erosion of fundamental freedoms and constitutional balance in India during his address at the Chandigarh Literature Festival Literati 2025.
Constitutional Crisis and Eroding Freedoms
Dr Kumar declared that India, a nation "born for freedom, to freedom and anchored in freedom," is now witnessing a dangerous decline in intellectual, political and cultural liberty. He emphasized that this erosion coincides with a complete collapse of civility in public discourse and a worrying imbalance among the three pillars of the Constitution.
The former law minister, speaking on the festival's concluding day, clarified that the Constitution faces genuine stress not because politicians wave the document at rallies, but because the essential equilibrium between legislature, executive and judiciary has been severely disrupted. He noted that courts are increasingly intervening in domains traditionally reserved for the other two branches of government.
Leadership, Idealism and Democratic Values
During his conversation with Manraj Grewal Sharma, Resident Editor of The Indian Express in Chandigarh, Dr Kumar discussed his forthcoming book "Guardians of the Republic: Essays on the Constitution, Justice and the Future of Indian Democracy." The book is dedicated to former Prime Minister Manmohan Singh.
Describing democracy as the political system best equipped to protect human dignity, Dr Kumar revealed he wrote the book after his Rajya Sabha tenure ended in 2016, determined that his next life chapter should serve a larger purpose. "This book is not just for lawyers; it is for students, young citizens, and every Indian trying to make sense of governance, rights and the state of our democracy today," he stated.
On leadership, which he called central to India's story, Dr Kumar praised leaders across ideological divides who shaped the Republic with moral and inclusive vision. He specifically mentioned Atal Bihari Vajpayee's unyielding resolve, Manmohan Singh's economic stewardship, and Rajiv Gandhi's technological blueprint.
Contrasting this with present conditions, he observed that current leadership suffers from that complete collapse of public civility. Dismissing accusations of being "too idealistic," he asserted: "Idealism is not an insult; it is a necessity. Idealism is simply doing the right thing in the right way."
Judicial Independence and Constitutional Balance
Addressing the popular political slogan "Samvidhan khatre mein hai" (The Constitution is in danger), Dr Kumar argued that merely holding up the Constitution proves nothing—one must demonstrate why it's endangered. "The three organs were meant to function in harmony. Today they are in conflict, competing for space and relevance. That upset equilibrium is the real danger," he explained.
On judicial independence, Dr Kumar contended that while courts remain independent in adjudication, "no judge today considers himself or herself above the government—that is the problem." He cited Chief Justice D.Y. Chandrachud's observation that the judiciary must not only interpret but also enforce the Constitution, adding ruefully: "They say the right things but do not enforce them. That has led to a decline in credibility."
Challenging prevailing narratives about the collegium system, he asserted that the finest judicial appointments occurred when both judiciary and executive had roles, before the collegium system emerged in 1991. "It is absolutely wrong to say the Law Minister should have no role. The Law Minister represents millions of people," he argued, warning that completely excluding the executive distorts balance rather than protecting independence.
Chandigarh's Status and Constitutional Democracy
Turning to local issues, Dr Kumar described the proposed Constitution (131st Amendment) Bill, 2025—which seeks to bring Chandigarh under Article 240 like other Union Territories—as essentially political rather than legal. "Punjab's claim on Chandigarh is clear and remains valid. What is not clear is the Centre's broader intent and why it is moving in this direction now," he stated.
In his concluding remarks, Dr Kumar drew a sharp distinction between majoritarian and constitutional democracy. "Democracy cannot be divorced from popular will or majoritarianism. But power exercised in the name of the people must be tamed by the Constitution," he emphasized.
He stressed that India must remain a constitutional democracy, not merely a majoritarian one, where even leaders elected by popular vote remain bound by constitutional limits and non-negotiable accountability.
The session concluded with Dr Kumar balancing concern with hope, urging citizens to reclaim the Republic's founding ideals of freedom, dignity and constitutional discipline. "Everybody is involved, everybody is equally responsible," he declared, calling for collective renewal before it becomes too late.
