Chapter 80 National commission to review the working of the Constitution the national commission to review the working of the Constitution ncwc was set up by a resolution of the government of India in 2000 the 11 member commission was headed by emn vacha the former Chief Justice of India it submitted its report in
2002 one terms of reference of the commission according to the terms of reference the commission was required to examine in the light of the experience of the past 50 years as to how far the existing provisions of the Constitution are capable of responding to the needs of efficient smooth and effective system
Of governance and socioeconomic development of modern India and to recommend changes if any the terms of reference clearly specified that the commission should recommend changes that are required to be made in the Constitution within the framework of parliamentary democracy and without interfering with the basic structure or basic features of the
Constitution the commission clarified that its task was to review the working of the Constitution and not to rewrite it and its function was only recommendatory and advisory in nature it was left to the parliament to accept or reject any of the recommendations the commission Had No Agenda before it
On its own it identified the 11 areas of study and proposed to examine them they included the following one strengthening of the institutions of parliamentary democracy working of the legislature the executive and the Judiciary their accountability problems of administrative social and economic cost of political instability exploring the possibilities of stability within the
Discipline of parliamentary democracy two electoral reforms standards in political life three pace of socioeconomic change and development under the Constitution Assurance of Social and economic rights how fair how fast how equal for promoting literacy generating employment ensuring Social Security alleviation of poverty five Union State relations six decentralization and Devolution empowerment and strengthening
Of pchi Raj institutions seven enlargement of fundamental rights eight effectuation of fundamental duties nine effectuation of directive principles and achievement of the preambular objectives of the Constitution 10 legal control of fiscal and monetary policies public audit mechanism 11 administrative system and standards in public life two 50 years of working of the
Constitution the observations made by the commission on the working of the Constitution from 1950 to 2000 are as follows what are achievements and failures over the 50 years since Independence how have each of the three organs of the state the legislature the executive and the Judiciary redeemed the
Constitutional pledge of ushering in a social revolution has the dream of the founding fathers for a life of dignity to the vast Millions through the process of social economic transformation being realized what then is the balance sheet one India’s Democratic base has stabilized as a working Federal poity
With the 73rd and 74th Constitutional Amendments the base of democratic debate has widened there is greater push towards non- centralization general elections have been held with regularity and transfers of power consequent upon the results of elections have been orderly peaceful and Democratic two the educational qualifications of the members of of
Parliament and state legislatures have shown marked improvements the Parliament and state legislatures are increasingly more representative of the composition of society more and more members of the hither to backward classes are moving up in the political ladder chapter 80 National commission to review the working of the Constitution the national commission to
Review the working of the constit tion ncwc was set up by a resolution of the government of India in 2000 the 11 member commission was headed by emn vacha the former Chief Justice of India it submitted its report in 2002 one terms of reference of the commission according to the terms of
Reference the commission was required to examine in the light of the experience of the past 50 years as to how far the existing provisions of the Constitution are capable of responding to the needs of efficient smooth and effective system of governance and socioeconomic development of modern India and to
Recommend changes if any the terms of reference clearly specified that the commission should recommend changes that are required to be made in the Constitution within the framework of parliamentary democracy and without without interfering with the basic structure or basic features of the Constitution the commission clarified
That its task was to review the working of the Constitution and not to rewrite it and its function was only recommendatory and advisory in nature it was left to the parliament to accept or reject any of the recommendations the commission Had No Agenda before it on its own it
Identified the 11 areas of study and proposed to examine them they included the following one strengthening of the institutions of parliamentary democracy working of the legislature the executive and the Judiciary their accountability problems of administrative social and economic cost of political instability exploring the possibilities of stability within the discipline of parliamentary
Democracy two electoral reforms standards in political life three pace of socioeconomic change and development under the Constitution Assurance of Social and economic rights how fair how fast how equal four promoting literacy generating employment ensuring Social Security alleviation of poverty five Union State relations six decentralization and Devolution and empowerment and
Strengthening of pchi Raj institutions seven enlargement of fundamental rights eight effectuation of fundamental duties nine 10 legal control of fiscal and monetary policies public audit mechanism 11 administrative system and standards in public Life 2 50 years of working of the Constitution Constitution the observations made by the commission
On the working of the Constitution from 1950 to 2000 are as follows what are our achievements and failures over the 50 years since Independence how have each of the three organs of the state the legislature the executive and the Judiciary redeemed the Constitutional pledge of ushering in a social
Revolution has the dream of the founding fathers for a life of dignity to the vast Millions through the process of socioeconomic transformation being realized what then is the balance sheet one political accomplishments one one India’s Democratic base has stabilized as a working Federal poity with the 73rd and 74th Constitutional Amendments the base
Of democratic debate has bided there is greater push towards non- centralization general elections have been held with regularity and transfers of power consequent upon the results of elections have been orderly peaceful and Democratic to the educational qualifications of the members of parliament and state legislatures have shown marked improvements the Parliament and state
Legislatures are increasingly more representative of the composition of society more and more members of the hither to backward classes are moving up in the political ladder two economic infrastructure impressive performance one there has been marked expansion and diversification of production new technologies and modern manage ment techniques are increasingly
Employed there are marked advances in science technology medicine engineering and information technology two between 1950 to 2000 the index of agricultural production increased from 46. to 176.832 to 2000 wheat production went up from 11 million tons to 75.6 million tons four between 1960 to 2000 rice production
Went up from 35 million tons to 89.5 million tons five impressive expansion of industrial and service sectors has taken place six index of industrial production went up from 7.9 in 1,950 to 51 to 154.50 in 1999 to 2000 7 electricity generation has increased from 5.1 billion kwh and 1,950 to 51 to
48.7 billion kwh in 1999 to 2000 8.6 to 8% annual growth of G&P between 1994 to 2000 except in 1,997 to 98 was achieved nine revenues from Information Technology industry have grown from 4 billion in 1999 10 India’s per capita net national product n&p in 1999 to 2000 was more
Than 2.75 times than what it was in 1951 three social infrastructure achievements 1 between 1950 to 1998 infant mortality rate have Haled to 72 births per 1,000 births down from 146 two life expectancy at Birth has grown up from 30 to years in 1,950 to 51 to 63 years in
2000 three a child born in Kerala today can expect to live longer than a child born in Washington four life expectancy of women in Kerala is now 75 years five India has put in place an extensive system of public health services and medical Network in 1951 the country had only 725 Primary Health
Centers by 1995 this has increased to more than 150,000 six the number of primary schools has increased significantly between 1951 and 1995 from 2 lakh 10,000 to 5 lakh 90,000 7 nearly 95% of The Villages have a primary school within a walking distance of 1 kilometer four political
Failures one the main cause and source of politicality is the ineptness of the electoral process which has not been able to keep out criminal antisocial and undesirable elements from participating in and even dominating the political scene and polluting the Electoral and parliamentary processes two though Democratic Traditions are stabilizing
However democracy cannot be said to be an inclusive representative democracy the pluralism and diversity of India is not reflected in and captured by its Democratic institutions likewise participation of women in public affairs and decision-making processes is nowhere near proportionate to their numbers three the enormity of the costs of
Elections and electoral corruption have been having a grievous deleterious effect on National progress and has led to the degradation of political processes to detriment of common good four political parties which have a fair share of the criminal elements handle enormous funds collected ostensibly for meeting party and electoral expenditure money power and criminal
Elements have contributed to pervasive degeneration of standards in public life and have criminalized politics this is reflected in the quality of governments and of the governing processes five there are no legal instrumentalities or set of law regulating the conduct of the political parties legitimacy of fundraising audit and account requirements and inner party
Democracy Six National political parties are more divided on the definition of common National purpose than ever before the noble purposes of public life have degenerated than ever before into opportunistic and self-seeking politics of compe itive personal gain seven fraternity the noble ideal of Brotherhood of Man enshrined In the
Preamble of the Constitution has remained unrealized the people of India are more divided amongst themselves than at the time of the country’s Independence eight there is increasing criminalization and exploitation of the political climate and processes and an increasing criminals politicians bureaucratic Nexus nine there is crisis of confidence there is crisis of
Leadership political leaders o to narrow partisan and sectarian interests and desire for short-time political Gams are unable even to agree upon broad common National purposes five economic failures one the richest op quintile of population has 85% of the income the poorest quintile has only 1.5% of the country’s income the second the third
And the fourth quintile from Top have respectively 8% 3.5% and 2% of the income 2.60 million people live below the poverty line six social failures one India’s maternal mortality rate in 1998 was 407 per 100,000 life births these levels are more than 100 times the levels found in the west two
Some 53% children almost 60 million under five remain moned nearly twice the levels reported in many parts of subsaharan Africa three the proportion of low birth weight babies born in India is 33% it is only 9% in China and South Korea 6% in Thailand and 8% in
Indonesia four India was a signatory to the alma ATA declaration in 1978 that assured health for all by the year 2000 only 42% of the children between 12 to 23 months are fully immunized 37% in rural areas and 61% in urban areas the coverage is shockingly low in Bihar 11% and in Rajasthan
177% five while per capita daily consumption of cereals has improved only marginally from 400 G in 1950 to about 440 G in 2000 the per capita pulses protein intake have over the 50 years decreased six the promise of social revolution has remained unredeemed there are 270 million scheduled casts and scheduled tribes and
The measures for their welfare and uplift have not been implemented with sincerity seven there are 380 million children below the age of 14 almost 100 million of of them are delit children no effective steps are taken to bring them to the level of the Cain stream eight population control
Measures in the northern states have not succeeded fertility rates in uttar Pradesh indicate that the state is almost a century behind k seven administrative failures one corruption insensitivity and inefficiency of administration have resulted in EXT legal systems and parallel economies and even parallel governments bureaucratic corruption which cause frustration in people in
Their daily lives has pushed more and more people into extr legal systems the maladministration has resulted in a lack of faith in and disenchantment with institutions of democracy two there is an increasing non-accountability corruption has been pervasive public interest has suffered three constitutional protection for the services under article 311 has largely
Been exploited by dishonest officials to protect themselves from the consequences of their wrongdoings eight gender justice and equality failures one the regional disparities in life expectancy is indicated by the fact that a woman born in Kerala can expect to live 18 years longer than one born in madhia Pradesh two in most countries
Life expectancy among women exceeds that of men by about 5 years in all but a few countries of the world there are typically 105 women for every 1,000 men men outnumber women only in societies where women are specifically and systematically discriminated in India there are only
933 women for every 1,000 men this is the phenomenon about missing women three overall representation of women in public services is just 4.9% four political participation of women indicates that in 1952 there were only 22 women in loksabha against 499 seats 4.41% in 1991 this increased to 49 seats
As against 5 44 seats 9.02% five between 1995 to 2000 out of 53 judges of the high court only 15 were women nine Judicial System failures one judicial system has not been able to meet even the modest expectations of the society its delays and costs are frustrating its processes
Slow and uncertain two people are pushed to seek recourse to extral methods for Relief three trial system both on the civil and criminal side has utterly broken down on an overall assessment there are more failures than success stories making the inference inescapable that the 50 years of the working of the
Constitution is substantially a saga of missed opportunities three areas of concern commission’s perception the following are the important areas of concern according to the perception of the commission one there is a fundamental breach of the Constitutional faith on the part of governments and their method of governance lies in the neglect of the
People who are the ultimate source of all political Authority public servants and institutions are not alive to the basic imperative that they are Servants of the people meant to serve them the Dignity of the individual enshrined in the Constitution has remained an unredeemed pledge there is thus a loss of faith in
The governments and governance citizens see their governments besieged by uncontrollable events and are losing faith in institutions Society is unable to cope up with current events to the foremost area of concern is the present nature of the Indian state and its inability to anticipate and provide for the great
Glob forces of change assured in by the pace of scientific and technological developments three the next and equally important Dimension is the increasing cost of government and fiscal deficits which are alarming in 1947 there was a deficit of 2 crores rupees in the revenue budget in 1,997 to 98 it became
88,9 37 cror rupees in 20012 it is about 1 lak1 16,000 CR rupees 4.8% of GDP India is on its way to a dead trap four there is pervasive impurity of the political climate and of political activity criminalization of politics political corruption and the politician criminal bureaucratic Nexus have reached
Unprecedented levels needing strong systemic changes ES five issues of national integrity and security have not received adequate and thoughtful attention mechanisms for the assessment of early warning symptoms of social unrest are absent mechanisms for adequate and immediate State responses to emergencies and disaster management are wholly inadequate Administration as a system
For anticipating coming events and planning responses in advance has failed it has become uncoordinated and directionless amalgam of different departments often with overlapping and even mutually conflicting jurisdictions powers and responsibilities which merely acts as a reaction to problems there are no clear-cut standards or basis for fixing responsibilities six
Though India’s overall record and experience as a working democracy despite many centrifugal forces are worthy to mention and though the bases of democratic debate have widened with the 73rd and 74th Constitutional Amendments the working of the institutions of parliamentary democracy however have thrown up serious fault lines which might if unattended prove
Destructive of the basic Democratic Values seven there is pervasive misuse of the electoral process and the electoral system is unable to prevent the entry of persons with criminal record into the portal of lawmaking institutions eight the Parliament and the state legislatures owing to the inherent weakness of the electoral
System have failed to acquire adequate representative character the 13th loab repr represents only 27.9% of the total electorate and the legislature of up represents only 22.2% of electorate respectively nine nine the increasing instability of the elected governments is attributable to opportunistic politics and unprincipled defections the economic and administrative costs of political
Instability are unaffordable high and their impact on the polity is not clearly comprehended and realized though just four Prime Ministers ruled the country for 40 years out of the 54 years of Independence and one political party alone was in power for 45 years however 1989 onwards the country saw five general elections to
The loksabha costs of this political instability are simply colossal 10 the state of the Indian economy is disturbing the economy is gradually sinking into a debt trap economic fiscal and monetary policies coupled with administrative inefficiency corruption and wasteful expenditure are increasingly pushing the society into extr legal systems crime syndicates mob
Ru and hoodlum outfits black money parallel economy and even parallel governments are the overarching economic and social realities legitimate governments will in due course find it increasingly difficult to confront them in course of time these illegal criminal outfits will dictate terms to the legitimate governments 11 rural depopulation urbanization Urban congestion and social
Unrisked immediate attention and solutions increasing unemployment will prove a serious threat to orderly government 12 future of society is increasingly knowledge based and knowledge driven the quality of education and a higher research need urgent repair the country is engaged in a unilateral and unthinking educational disarmament 13 system of administration
Of justice in the country is another area of concern 14 criminal justice system is on the verge of collapse the quality of Investigations and persecutions require Ires a strong second look loss delay and costs of litigation have become proverbial victimology victim protection and protection of Witnesses in sensitive criminal trials need institutional
Arrangements recruitment training refresher and continuing legal education for lawyers judges and judicial administrators need immediate attention the increasing utilization of alternative dispute resolution mechanisms such as media ation conciliation and arbitration as well as mechanisms of auxiliary adjudicative Services need to be stressed 15 communal and other Intergroup riots in a country like India
With its religious social and cultural diversity cannot be treated as merely Law and Order problem they are manifestations of collective behavioral disorders legal and administrative measures are required to be taken to remove the insecurity felt by the minorities and for bringing them into the mainstream of the national fabric 16
The state of social infrastructure is disturbing there are 380 million children below the age of 14 the arrangements for their Education Health and well-being are wholly inadequate both qualitatively and quantitatively 9 6.4% of the primary education budget goes for salaries Alone 17 rates of infant mortality blindness maternal mortality maternal anemia child
Malnutrition and child immunization despite significant progress achieved yet remain at high and disconcerting levels 18 public health and hygiene have not received adequate attention there is alarming increase of infectious diseases such as tuberculosis malaria hepatitis HIV Etc four recommendations of the Commission in all the commission made 249 recommendations of them 58
Recommendations involve amendments to the Constitution 86 involve legislative measures and the remaining 105 recommendations could be accomplished through executive action the various recommendations of the commission are mentioned Below in an area wise manner one on fundamental rights one the scope of prohibition against discrimination under Articles 15
And 16 should be extended to include ethnic or social origin political or other opinion property or birth two the freedom of speech and expression under Article 19 should be expanded to include explicitly the freedom of the press and other media the freedom to hold opinions and to seek receive and impart information and
Ideas three the following should be added as new fundamental rights a right Against torture cruelty and inhuman treatment or punishment B right to compensation if a person is illegally deprived of his right to life or Liberty C right to leave and to return to India d right to
Privacy and family life e right to rural wage employment for a minimum of 80 days in a year F right to access to courts and tribunals and Speedy Justice G right to equal justice and free legal aid H right to care and assistance and protection in case of children
One one right to Safe Drinking Water prevention of pollution conservation of ecology and sustainable development four the right to education under article 21- a should be enlarged to read as every child shall have the right to free education until he completes the age of 14 years and in the
Case of girls and members of the sc’s and STS until they complete the age of 18 years five two changes should be made with respect to preventive detention under article 22 namely one the maximum period of preventive detention should be 6 months and two The Advisory Board
Should consist of a chairman and to other members and they should be serving judges of any High Court six Sikhism jism and Buddhism should be treated as religions separate from Hinduism and the provisions grouping them together under article 25 should be deleted at present the word Hindu is defined to
Include these religions also seven the protection from judicial review afforded by article 31-b to the acts and regulations specified in the n9th schedule should be restricted to only those which relate to one agrarian reforms two reservations and three the implementation of directive principles specified in Clause B or C of article 3
N eight no suspension of the enforcement of the fundamental rights under Articles 17 23 24 25 and 32 in addition to those under Articles 20 and 21 during the operation of a National Emergency under article 352 two on right to property article 300- should be recast as follows one deprivation or acquisition of
Property shall be by authority of Law and only for a public purpose two there shall be no arbitrary deprivation or acquisition of property three no deprivation or acquisition of agricultural forest and non-urban homestead land belonging to or customarily used by the ess’s an Estes shall take place except by Authority of
Law which provides for suitable Rehabilitation scheme before taking possession of such land in brief a right to suitable Rehabilitation for the se’s and SS if their land is to be acquired one The Heading of part four of the Constitution should be amended to read as directive principles of State
Policy and action two a new directive principle on control of population should be added three an independent National Education commission should be set up every 5 years four an Interfaith commission should be established to promote interreligious Harmony and social solidarity five there must be a body of
High status to review the level of implementation of the directive principles six a strategic plan of action should be initiated to create a large number of employment opportunities in five years seven implementation of the recommendations contained in the report of the national statistical commission 2001 2001 four on fundamental
Duties one consideration should be given to the ways and means by which fundamental duties could be popularized and made effective two the recommendations of the Justice Verma committee on operationalization of fundamental duties should be implemented at the earliest three the following new fundamental duties should be included in
Article 51- a a duty to vote at elections actively participate in the Democratic process of governance and to pay taxes B to foster a spirit of family values and responsible Parenthood in the matter of Education physical and moral well-being of children C duty of industrial organizations to provide education to Children of their
Employees five on Parliament and state legis lures one the Privileges of legislators should be defined and delimited for the free and independent functioning of Parliament and state legislatures to article 105 may be amended to clarify that the immunity enjoyed by members under parliamentary privileges does not cover corrupt acts
Committed by them in connection with their duties in the house or otherwise further no court would take cognizance of any offense arising out of a member’s action in the house without prior sanction of the speaker chairman article 194 may also be similarly amended in relation to the members of state
Legislatures three the domiciliary requirement for eligibility to contest elections to rajas Saba from the concerned State should be maintained this is essential to ensure the federal character of the rajas Sabha four the MP local area development scheme should be discontinued five the election commission should be empowered to identify and declare the
Various offices under the Central and state governments to be offices of profit for the purposes of being Chosen and for being a member of the appropriate legislature six immediate steps be taken to set up a nodal standing committee on National economy seven a standing Constitution Committee of the two houses
Of Parliament for a Priory scrutiny of Constitutional Amendment proposals should be set up eight a new legislation Committee of parliament to oversee and coordinate legislative planning should be constituted nine the existing parliamentary committees on estimates public undertakings and subordinate legislation may not be continued 10 the parliamentarians must voluntarily Place
Themselves open to public scrutiny through a parliamentary Ombudsman 11 the state legislatures with less than 70 members should meet for at least 50 days in a year and other state legislatures for at least 90 days similarly the minimum number of days for sittings of rajas Sabha and loksabha should be fixed at
1120 days respectively 12 a study group outside Parliament for study of procedural reforms should be set up six on Executive and administration one in case of hung Parliament the loksabha may elect the leader of the house he may then be appointed as the Prime Minister by the president the same procedure could be
Followed at the state level also two a motion of no confidence against a prime minister must be accompanied by a proposal of alternative leader to be voted simultaneously this is called as the system of constructive vote of no confidence three for a motion of no confidence to be brought out against the
Government at least 20% of the total number of members of the house should give notice four the practice of having oversized Council of ministers should be prohibited by law a sealing on the number of ministers in any state or the union government be fixed at the maximum
Of 10% of the total strength of the popular House of the legislature five five the practice of creating a number of political offices with the position works and privileges of a minister should be discouraged their number should be limited to 2% of the total strength of the lower house six the Constitution
Should provide for appointment of local keeping the Prime Minister outside its perview and the institution of Locas in the states 7 lateral entry into government jobs above joint secretary level should be allowed 8 article 311 should be amended to ensure not only protection to the honest public servants
But penalization to dishonest ones nine the questions of personal policy including placements promotions transfers and FastTrack advancements should be managed by autonomous Civil Service boards constituted under statutory Provisions 10 officials before starting their career in addition to the taking of an oath of loyalty to the Constitution should swear to abide by
The principles of good governance 11 right to information should be guaranteed and the traditional insistence on secrecy should be discarded in fact there should be an oath of transparency in place of an oath of secrecy 12 public interest disclosure acts which are popularly called The Whistleblower acts may be enacted to
Fight corruption and maladministration 13 a law should be enacted to provide for forfeiture of benami property of corrupt public servants as well as non-public servants seven on CenterState and Interstate Rel ations one the interstate Council order of 1990 may clearly specify the matters that should form the parts of consultations two management of
Disasters and emergencies both natural and man-made should be included in the list three congruent list of the 7eventh schedule three a statutory body called the interstate trade and commerce commission should be established four the President should appoint the Govern of a state only after consultation with the chief minister of
That state five article 356 should not be deleted but it must be used sparingly and only as a remedy of The Last Resort six the question whether the ministry in a state has lost the confidence of the assembly or not should be tested only on the floor of the house the governor
Should not be allowed to dismiss the ministry so long as it enjoys the confidence of the house seven even without the state being under a proclamation of emergency president’s rule may be continued if elections cannot be held article 356 should be amended to this effect eight the State Assembly should
Not be dissolved before the proclamation issued under article 356 has been laid before Parliament article 35 six should be amended to ensure this nine river water disputes between states and other Center should be heard and disposed by a bench of not less than three judges and if
Necessary a bench of five judges of the Supreme Court for the final disposal of the suit 10 Parliament should replace the river boards Act of 1956 with another comprehensive enactment after consultation with all the states 11 when the state bill is reserved for cons ation of the president there should be a
Time limit say of 3 months within which the President should take a decision whether to give his Ascent or to return the bill eight on Judiciary one a national judicial commission under the Constitution should be established to recommend the appointment of judges of the Supreme Court it should comprise the Chief
Justice of India as chairman to senior most judges of the Supreme Court quot the union law Minister and one person nominated by the president two a committee of the national judicial commission should examine complaints of deviant behavior of the Supreme Court and high court judges three the
Retirement age of the judges of high courts and Supreme Courts should be increased to 65 and 68 respectively for no court other than the Supreme Court and the high courts should have the power to punish for contempt of itself five except the Supreme Court and the high courts no other court should
Have the power to declare the acts of Parliament and state legislatures as being unconstitutional or Beyond legislative competence and so ultraves six a national judicial Council and judicial councils in States should be set up for for the preparation of plans and annual budget proposals seven in the Supreme Court and
The high courts judgments should ordinarily be delivered within 90 days from the conclusion of the case eight an award of exemplary costs should be given in appropriate cases of abuse of process of law nine each High Court should prepare a strategic plan for time bound clearance of Aras in courts within its
Jurisdiction no case to remain pending for more than one year 10 the system of ple bargaining should be introduced as part of the process of decriminalization 11 the hierarchy of the subordinate courts in the country should be brought down to a two-tier of subordinate Judiciary under the high
Court nine on Pace of socioeconomic change and development one a way could and should be found to bring a reasonable number of s STS and BCS onto the benches of the Supreme Court and high courts two social policy should aim at enabling the sc’s STS and BCS and with particular
Attention to the girls to compete on equal terms with the general category three appropriate new institutions should be established to ensure that the resources year marked for the weaker sections are optimally used four the citizens Charters be prepared by every service providing Department agency to enumerate the entitlements of the
Citizens specifically those of the sc’s STS and other deprived classes five reservation for sc’s STS and BCS should be brought under a statute covering all aspects of reservation including setting up of arakan Nay adalats to adjudicate upon all disputes pertaining to reservation six residential schools for sc’s STS and BCS should be established
In every District in the country country seven all tribal areas governed by the fifth schedule of the Constitution should be transferred to the sixth schedule other tribal areas should also be brought under the Sixth schedule eight special courts exclusively to try offenses under the sc’s an Estes prevention of atrocities
Act 1989 should be established nine prevention of untouchability require s inter Alia effective punitive action under the protection of Civil Rights Act 1955 10 the employment of manual scavengers and construction of dry latrines prohibition act 1993 should be strictly enforced 11 steps should be taken for improvement of educational standards as
Well as for increasing the political representation of the minority communities 12 a fully empowered National Authority for The Liberation and Rehabilitation of bonded labor should be set up similar authorities should also be established at the state level 13 as regards women action covering reservation development empowerment health and protection against violence should be
Taken 10 on decentralization pches and municipalities I ities one the 11th and 12th schedules of the Constitution should be restructured in a manner that creates a separate fiscal domain for panchayats and municipalities two State panchayat Council should be established under the chairmanship of the chief minister three pchs and municipalities should be
Categorically declared to be institutions of self-government and exclusive functions be assigned to them for this purpose articles to 43- G and to 43- W should be suitably amended for the election commission of India should have the power to issue directions to the state election commission for the discharge of its
Functions the state election commission should submit its annual or special reports to the election commission of India and to the governor this requires the amendment of Articles to 43- K and to 43 Z five Article 2 43- should be amended to the effect that a reasonable opportunity of being heard shall be
Given to a punchayet before it is dissolved six six to ensure uniformity in the practice relating to audit of accounts the CAG of India should be empowered to conduct the audit or lay down accounting standards for panchayats seven whenever a municipality is superseded a report stating the grounds for such dissolution should be
Placed before the state legislature eight all Provisions regarding qualifications and disqualifications for elections to local authorities should be Consolidated in a single law nine the functions of delimitation reservation and rotation of seats should be vested in a delimitation commission and not in the state election commission 10 the concept of a distinct
And separate tax domain for municipalities should be recognized 11 on institutions in Northeast India one efforts are to be made to give all the states in this region the opportunities provided under the 73rd and 74th Constitutional Amendments however this should be done with due regard to the unique political
Traditions of the region two the subjects given under the Sixth schedule and those mentioned in the 11th schedule could be interested to the autonomous District councils adcs three traditional forms of governance should be associated with self-governance because of the present dissatisfaction four a national immigration Council should be set up to
Examine a range of issues including review of the citizenship act the illegal migrants determination by tribunal act the foreigners act and so on five as regards nagaland the Naga councils should be replaced by elected representatives of various Naga societ it groups with an intermediary tier at the district level
Six as regards Assam the sixth schedule should be extended to the Borderland autonomous Council and other autonomous councils be upgraded to autonomous development councils seven as regards megal a tier of Village governance should be created for a village or a group of villages in the autonomous District councils eight
As regards tripura the changes which may be made in respect of other autonomous councils should also apply in respect of the autonomous District councils nine as regards missum an intermediary elected tier should be developed at the district level in areas not covered by the sixth schedule 10 as
Regards Manipur the provisions of the sixth schedule should be extended to Hill districts of the state 12 on electoral processes one any person charged with any offense punishable with imprisonment for a maximum term of 5 years or more should be disqualified for being chosen as or for being a member of parliament
Or legislature of a state to any person convicted for any heinous crime like murder rape smuggling the Cy Etc should be permanently debarred from contesting for any politic iCal Office three criminal cases against politicians pending before courts either for trial or an appeal must be disposed of speedily if necessary by appointing
Special courts four the election petitions should also be decided by special courts in the alternative special election benches may be constituted in the high courts and are marked exclusively for the disposal of election petitions and election disputes five any system of State funding of Elections Bears a close Nexus to the regulation of
Working of political parties by law and to the creation of a foolproof mechanism under law with a view to implementing the financial limits strictly therefore proposals for State funding should be deferred till these regulatory mechanisms are firmly in position six candidates should not be allowed to contest election
Simultaneously for the same office from more than one constituency seven the election code of conduct should be given the sanctity of Law and its violation should attract penal action eight the commission while recognizing The Beneficial potential of the system of runoff contest electing the representative winning on the basis
Of 50% plus one vote poll as against the present first pass the post system for a more representative democracy recommends that the government and the election commission of India should examine this issue of prescribing a minimum of 50% plus one vote for election in all its aspects nine an independent candidate
Who loses election three times consecutively should be permanently debart from contesting election to the same office 10 the minimum number of valid votes pulled should be increased to 25% from the current 16.67% as a condition for the deposit not being forfeited 11 the issue of Eligibility of non-indian born citizens or those whose
Parents or Grandparents were citizens of India to hold High offices in the real such as president vice president prime minister and Chief Justice of India should be examined in depth through a political process after a national dialogue 12 the chief election commissioner and the other election commissioners should
Be appointed on the recommendation of a body consisting of the Prime Minister leader of the opposition in the Lok Sabha leader of the opposition in the rajas Sabha the speaker of the loksabha and the deputy chairman of the rajas Sabha similar procedure should be adopted in the case of appointment of state election
Commissioners 13 on political parties one a comprehensive law regulating the registration and functioning of political parties or alliances of parties should be made the proposed law should a provide that political party or Alliance should keep its doors open to all citizens irrespective of any distinctions of cast
Community or the like B make it compulsory for the parties to maintain accounts of the receipt of funds and expenditure in a systematic and regular way C make it compulsory for the political parties requiring their candidates to declare their assets and liabilities at the time of filing their
Nomination D provide that no political party should provide ticket to a candidate if he was convicted by any court for any criminal offense or if the courts have framed criminal charges against him e specifically provide that if any party violates the above provision the candidate involved should
Be liable to be disqualified and the party D registered and D recognized two the election commission should progressively increase the threshold Criterion for eligibility for recognition so that the proliferation of smaller political parties is discouraged three a comprehensive legislation providing for regulation of contributions to the political parties
And towards election expenses should be enacted by consolidating such laws this new law should a aim at bringing transparency into Political funding B permit corporate donations within higher prescribed limits C make donations up to a specified limit tax exempt D make both donors and DS of political funds accountable e provide that audited
Political party accounts should be published yearly and F provide for D recognition of the party and enforcement of penalties for filing false election returns 14 on anti-defection law the provisions of the 10th schedule of the Constitution should be amended to provide the following one all persons defecting whether individually or in
Groups from the party or the alliance of parties on Whose ticket they had been elected must resign from their parliamentary or assembly seats and must contest fresh elections two the defectors should be debarred to hold any public office of a minister or any other remunerative political post for at least
The duration of the remaining term of the existing legislature or until the next elections whichever is earlier three the vote cast by a Defector to top a government should be treated as invalid four the power to decide questions regarding disqualification or on ground of defection should W in the
Election commission instead of in the speaker chairman of the house concerned we earlier efforts to review the Constitution even before the appointment of this Commission in 2000 certain attempts were already made to review the working of the Constitution the commission itself has summarized those attempts in the following way one there was nothing
Entirely new in the effort at reviewing the working of our constitution the debate had continued right from the first decade of the life of the Constitution also every Amendment had been an occasion for review but in the half a century and more since the Constitution came into Force whereas as
Many as 85 Amendments have been instituted there has been till the setting up of the national commission to review the working of the Constitution no comprehensive and transparent official exercise to review the working of the constitution in its entirety with a view to evaluating its achievements and failures in fulfilling the
Objectives of the constitution in the context of experience gained and for future requirements perceived to two after the constitu came into Force within two years it was required to be amended in the course of his speech on the Constitution First Amendment Bill 1951 on 2nd June 1951 neheru once again
Repeated his views as to the need for the Constitution to be amendable to Amendment on this occasion his words were trenchant and unsparing he said a Constitution which is unchanging and static it does not matter how good it is but as a con Constitution it is
Passed its use it is in its old age already and gradually approaching its death a constitution to be living must be growing must be adaptable must be flexible must be changeable therefore it is a desirable and a good thing for people to realize that this very fine Constitution that we
Have fashioned after years of Labor is good and so far as it goes but as Society changes as conditions change we amend it in the proper way 3 4 years later as an experienced prime minister with prolonged firsthand knowledge of the efficacy of the fundamental law of the land he held the
Same view speaking on the Constitution Fourth Amendment Bill 1955 Neu said after all the Constitution is meant to facilitate the working of the government and the administrative and other structures of this country it is meant to be not something that is static and which has a static form in a
Changing world but something which has something dynamic in it which takes cognizance of the dynamic nature of modern conditions modern society four in the years that followed the Fourth Amendment the Constitution has been amended 81 times the union and the state governments and Parliament faced the Supreme Court over fundamental
Rights issues freedom of expression visis National Integrity personal Liberty visis political stability special treatment for some segments of society vavis abstract equality for all property rights vavi social Revolution needs Etc questions also arose whether the power of Constitutional amendment was complete unrestrained and unlimited and whether there were limits to the power
Of judicial review of Constitutional Amendments five in the period 1950 to 1967 Parliament and most State assemblies had preponderant Congress majorities general elections in 1967 were followed by the formation of non- Congress coalitions in a number of states in the northern region of the country certain issues pertaining to
Union State relations arose during this period directly from the functioning of mechanisms and processes under the Constitution an administrative reforms commission was constituted by the government of India to examine administrative aspects of Union State relations six in the period following the fourth general election the phenomenon of unprincipled defections for money or
Minister ships Etc came to the four legislators changing their party Allegiance again and again in utter disregard of all moral and political proprieties constituency choice and public opinion widespread concern about the problem was mirrored in Parliament and led to a unanimous resolution in the Lo Sabha on 8th December 1967 the resolution
Read this house is of opinion that a highly committee consisting of Representatives of political parties and constitutional experts be set up immediately by government to consider the problem of legislators changing their allegiance from one party to another and their frequent crossing of the floor in all its aspects and make
Recommendations in this regard seven known subsequently as the YB chaan committee after the then Union home minister who was the chairman of the committee this body produced a valuable report which addressed a variety of issues gerine to the handling of the problem of defections which had basic implications with reference to the
Working of constitutional machinery and connected statutory and procedural instrumentalities eight the 25th anniversary of the coming into force of the Constitution of the world’s largest Democratic Republic occurred Ironically in the year in which the emergency was planned on the nation in an atmosphere of Burg National
Unrest it was in this context that the first concerted initiative towards a review and revision of the Constitution was undertaken in 1975 at the AIC session in December 1975 the kamak Maru session a resolution on the political situation stated if the mystery of the poor and vulnerable sections of our society is to
Be alleviated vast and far-reaching changes have to be affected in our socioeconomic structure the Congress urges that our Constitution be thoroughly examined in order to ascertain if the time has not come to make adequate alterations to it so that it may continue as a living document
Nine a document titled a fresh look at our constitution some suggestions surfaced at this time and was circulated but after the recommendations contained in it had drawn stringent criticism from diverse quarters it was not pursued amit’s tenacious advocacy about the need for constitutional change particularly after the kamaka Maru session of the
Indian National Congress the then Congress president DK borua appointed on 26th February 1976 a committee to study the question of Amendment of the Constitution in the light of experience the 12 member committee headed by Sardar Swan Singh submitted tentative proposals to the Congress president in April 1976 and these were
Then circulated among a select few the then chairman of the law Commission of India Justice PB dendra gutar wrote to the Prime Minister that while amendment to the Constitution was necessary to expedite the socioeconomic Revolution adhocism is undesirable and Adoption of extremist doctrin positions is irrelevant and inadvisable he advised the prime
Minister to appoint a high powerered committee to research and discuss the problem in depth for a dedicated and comprehensive effort 10 the swan Singh committee report stated that its recommendations had been made with the back ground of the tentative proposals circulated earlier to Congress Chief ministers and Pradesh Congress committees the views of
Bar associations of the Supreme Court and all the high courts comments in the press and in public and memoranda and opinions received from individuals professional bodies Etc it said the committee has kept before it certain important objectives our constit ution has functioned without any serious impediment during the past 26 years or
So while this is so difficulties have been thrown up from time to time in the interpretation of some of its Provisions more particularly when they concern the right of parliament to be the most authentic and effective instrument to give expression and content to The Sovereign will of the people the committee also declared
That the parliamentary system is best suited to our country and it is unnecessary to abandon it in favor of the presidential or any other system in a vast country like India with the kind of regional diversity as we have the parliamentary system preserves best the unity and integrity of the country and
Ensures greater responsiveness to the voice of the people 11 the committee made a series of recommendations on a wide range of issues including the Preamble the directive principles the constituent power of parliament to amend the Constitution the power of judicial review article 276 service matters industrial and labor disputes matters relating to revenue
Land Reform procurement and distribution of food grains and other essential Commodities election matters article to 27 disqualification for membership of a house of Parliament or either House of the state legislature article 352 and Union State coordination the committee also undertook to make separate proposals for the deletion of some provisions of the
Constitution which it observed had become obsolete or redundant 12 reacting to the SW Singh committee and its report as published Justice p gajendra gutar then still the chairman of the law Commission in a letter to smt Indira Gandhi reiterated his view that the amendment to the fundamental law of
The land should not have been left to a Party Committee and that the modality could advisedly have been a committee of experts to hear all parties and persons he said further that the committee appointed by Congress president borua had worked in a hurry discussed issues in a casual Manner and based its
Recommend ations mainly on political considerations 13 13 when the 42 Amendment bill was prepared the statement of objects and reasons echoed some of jawaharlal neu’s words a constitution to be living must be growing it declared if the impediments to the growth of the Constitution are not removed the Constitution will suffer virtual
Atrophy the prime minister in Her speech in the Lo Saba on 27th October 1976 said that the purpose of the bill was to ramed the anomalies that have long been noticed and to overcome obstacles put up by economic and political wested interests and that the bill was responsive to the aspirations of the
People and reflects the realities of the present time and the future 14 after the change of government following ener elections in 1977 the then prime minister morari Desai appointed a committee of members of parliament as a forum for considering substantive changes in the Amendments brought about during the emergency subsequently the Prime
Minister set up a subcommittee of the cabinet for the same purpose issues germin to the 42nd amendment was subject matter of voluminous expression of opinion by jurists parliamentarians editors and professional bodies but essentially the effort focused on the correction of the imbalance in the Constitution caused by some provisions of the 42nd
Amendment 15 the need was felt for a comprehensive review of Union State relations following the experience gained in the period after the general elections of 1977 which had resulted in non- Congress governments at the center and in several major states in the north but governments formed by the Congress
In the southern states in 1983 a commission was constituted under the chairmanship of Justice Aris Saria with fairly wide- ranging terms of reference these included one the commission will examine and review the working of the existing Arrangements between the union and the states in regard to Powers functions and
Responsibilities in PHS and recommend such changes or other measures as may be appropriate two in examining and reviewing the working of existing Arrangements between the union and states and making recommendations as to changes and measures needed the commission will keep in view the social and economic developments that have
Taken place over the years and have due regard to the scheme and framework of the Constitution which the founding fathers have so sedulously designed to protect Independence and ensure the unity and integrity of the country which is of Paramount importance for promoting the welfare of the people
16 there were also some other especially noteworthy studies of particular problems in the political system deep concern had been voiced relative to flaws in the electoral process this had occasioned a joint parliamentary committee on amendments to election law which submitted its report in 19 72 the committee for democracy set up by
Loknayak Jaa prakash Naran had also studied the subject various aspects of electoral reforms were reviewed by a cabinet subcommittee appointed in 1977 and another in 1982 in 1990 the government of India constituted a committee under the chairmanship of the then Union law Minister Danesh goswami with members drawing from different political parties
The report of the committee contained a series of recommendations most of which were accepted for implementation 17 a committee to examine issues related to State funding of Elections was constituted in May 1998 known as the indrajit Gupta committee after that outstanding parliamentarian and leader who was its chairman although
The committee had a relatively limited Compass of study its observations are noteworthy and comprise value able supplementary material pertaining to the process of Elections 18 various reports of the law Commission of India provide a wealth of insights into the working of the Machinery of the Constitution the 170th report of the law
Commission on reform of election laws presented in May 1999 considers radical approaches seeking to improve the system of Elections the very sheet anchor of parliamentary democracy under the Constitution 19 the most significant of the non-political Civil Society efforts was the seminar organized by 15 National institutions in 1992 and the committee
Appointed by the India International Center to review the working of the Constitution the committee which had the senior Congress leader and former cabinet minister Dr Karan Singh as the chairman and included among its members to of the members of this commission presented its report to the president and others concluding recommendation of
The committee was that of a review commission being appointed 20 the national agenda for governance issued by the national Democratic Alliance as the ND election Manifesto before the last general elections contained a pledge that a commission would be appointed to review the constitution in the light of its
Working for 50 years the pledge was affirmed in the president’s address to Parliament and was followed by the appointment of this Commission in February 2000
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