Pratap Bhanu Mehta on Arvind Kejriwal’s arrest: The mask is off, what stares us in the face

Kejriwal’s significance has always far exceeded his actual political power for four reasons. Many might find him a disappointment in terms of the high hopes he had raised eight years ago. But he is one of the few Opposition leaders against whom the government’s standard narratives do not work easily. The essence of Narendra Modi’s case against the Opposition has always been to present himself as a revolutionary figure confronting a corrupt, entitled, lazy ancien régime. This is the trope that still works against the Congress. But it is less effective against the AAP, in some ways a party cut from the same historical moment as Modi’s rise to the Centre. Kejriwal is not cut from the old Lutyens’ cloth; nor of old caste equations, or regional chauvinism.

Second, creating a national base takes decades and so the AAP’s electoral influence is still limited. But he is one of the only leaders about whom there is at least a little bit of a buzz nationally: A semblance of curiosity about the Delhi Model, and an ability to attract attention. Third, and ideologically more troublingly, he is also not easy to paint in the colours of an old Nehruvian secularism. He has been evasive enough on communal issues, and not easy to punch politically. He does not provide the usual grist for the BJP’s ideological mill. And the BJP does not like opponents it cannot punch. Fourth, despite almost a decade of constitutional chicanery by the Central government to prevent the Delhi government from exercising full blown powers, Kejriwal has tenaciously held his own. It was his presence, and not his power, that was the affront.

But this arrest has chilling implications. As this column had argued (‘No Reaction’, IE, March 28, 2023), whenever a ruling party systematically targets the Opposition, it is also signaling the fact that it will not contemplate the smooth transition of power. From that perspective, Indian democracy is in trouble. Democracy is trapped in a vicious circle. If there is no massive pushback against this government, authoritarianism will consolidate. But if there is pushback, we should be prepared for the government using any means to hold onto power. The existential dread that merely tolerating an opponent produces in this government is a warning signal about its intentions.

Second, this moment should give a lie to all those who claim India is a normal democracy. The façade of denial and normalcy has been shattered. India’s elites and voters have been too long deluding themselves that we live in a constitutional democracy. It is an old dictatorial playbook, going back to the Roman Emperor Augustus, to act as if traditional institutions — the legislature, the form of the law, and the traditional liturgies of popular power — continue.

Even in this instance, the government will probably claim that it was simply following the law; that Kejriwal was not responding to summons. But this is a façade that hides the deeper truth: The law was already being applied in a way that was highly discretionary. But if you have a government that does not allow the Opposition to mobilise, organise and govern, it is hard to pretend that we are a democracy. The election is already being vitiated.

Third, this arrest should draw our attention to the larger fate of constitutionalism. The Supreme Court may grant Indian democracy small victories, as it has in the electoral bonds case. A court might well give Kejriwal some relief at some point. But we must remember that behind this moment is the accumulated sense of impunity that our laws and courts have created.

For instance, the PMLA, on which the Supreme Court had put its seal of approval (‘Kafka’s Law’, IE, July 29, 2022), can be politically misused in exactly this way. The Court’s erratic record on bail, its constant support of the Executive, tempts governments to see what they can get away with. So the task of repairing Indian constitutional values will have to go beyond occasional relief that keeps the façade of legality alive. The courts have to begin to dismantle the instruments of oppression they have connived in creating.

Fourth, the political Opposition needs to play this moment well. Many Opposition leaders will be reluctant to create a full-blooded mobilisation in support of Kejriwal for fear of making him politically bigger than he is. But this would be a foolish logic to follow. Modi has had an easy time convincing people of the sheer smallness of the Opposition. If in a moment of existential crisis, the Opposition cannot think beyond its petty games, then Modi has won hands down. The Opposition should also not treat this as merely a legal or administrative battle. It needs to politically mobilise, and hit the streets within the bounds of such law as we have. And we ordinary citizens should make no mistake. The mask is off. A looming tyranny stares us in the face.

The writer is contributing editor, The Indian Express