Odhikar believes that ‘democracy’ is a form of the State and not merely a process of electing a ruler. Democracy is the product of the peoples’ struggle for inalienable rights, which become the fundamental premise to constitute the State and to define collective aspirations and responsibilities. Therefore, the individual freedoms and democratic aspirations of the citizens – and consequently, peoples’ collective rights and responsibilities - must be the foundational principles of the State. The States failure to recognise this at the founding moment is a continuing curse that people are forced to carry. A State cannot be ‘democratic’ if the people do not realise and participate as ‘citizens’ in all sectors of the functioning of the state. The democratic legitimacy of the State is directly related to its commitment and capacity to ensure human rights, such as rights to life and livelihood, rights to environment and health; and the dignity and integrity of citizens. If all this is not ensured by the State, it cannot be called a ‘democratic’ state. These civil and political rights, as the foundational principles of the State, must remain inviolable; and accordingly, the Parliament, Judiciary and Executive cannot and should not have any power to abrogate them through any legislation, judicial verdict or executive order. The people’s inviolable rights are the foundational principles of the State.

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