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he National Commission to Review the Working of the | Constitution (NCRWC) was set up by a resolution of the | Government of India in 20001. The 11-member |
I. 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 fifty 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 eleven areas of study and proposed to examine |
them. They included the following4 : | 1. 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). | 2. Electoral reforms; standards in political life. | 3. Pace of socio-economic change and development under the |
Constitution (assurance of social and economic rights: how | fair? how fast? how equal?). | 4. Promoting literacy; generating employment; ensuring social |
security; alleviation of poverty. | 5. Union-State relations. | 6. Decentralization and devolution; empowerment and |
strengthening of Panchayati Raj Institutions. | 7. Enlargement of Fundamental Rights. | 8. Effectuation of Fundamental Duties. |
9. Effectuation of Directive Principles and achievement of the | Preambular objectives of the Constitution. | 10. Legal control of fiscal and monetary policies; public audit |
II. FIFTY YEARS OF WORKING OF THE | CONSTITUTION | The observations made by the Commission on the working of the |
Constitution from 1950 to 2000 are as follows5 : | 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 | been realized ? What then is the Balance Sheet? | 1. Political Accomplishments |
1. India’s democratic base has stabilized as a working federal | polity. With the 73rd and 74th Constitutional amendments, the | base of democratic debate has widened. There is greater |
push towards noncentralisation. General Elections have | been held with regularity; and transfers of power consequent | upon the results of elections have been orderly, peaceful |
and democratic. | 2. 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 hitherto backward classes are moving up in |
the political ladder. | 2. Economic Infrastructure–Impressive Performance | 1. There has been marked expansion and diversification of |
production. New technologies and modern management | techniques are increasingly employed. There are marked | advances in Science, Technology, Medicine, Engineering |
and Information Technology. | 2. Between 1950–2000, the index of agricultural production | increased from 46.2 to 176.8. |
3. Between 1960–2000, wheat production went up from 11 | million tonnes to 75.6 million tonnes. | 4. Between 1960–2000, rice production went up from 35 million |
tonnes to 89.5 million tonnes. | 5. Impressive expansion of industrial and service sectors has | taken place. |
6. Index of industrial production went up from 7.9 in 1950–51 to | 154.7 in 1999–2000. | 7. Electricity generation has increased from 5.1 billion KWH in |
1950–51 to 480.7 billion KWH in 1999–2000. | 8. 6 to 8 per cent annual growth of GNP between 1994–2000 | (except in 1997–98) was achieved. |
9. Revenues from Information Technology industry have grown | from $ 150 million in 1990 to $ 4 billion in 1999. | 10. India’s per capita Net National Product (NNP) in 1999–2000 |
was more than 2.75 times than what it was in 1951. | 3. Social Infrastructure– Achievements | 1. Between 1950 to 1998, infant mortality rate have halved to |
72 births per 1000 births–down from 146. | 2. Life expectancy at birth has grown up from 32 years in | 1950–51 to 63 years in 2000. |
3. A child born in Kerala today can expect to live longer than a | child born in Washington. | 4. Life expectancy of women in Kerala is now 75 years. |
5. 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 1,50,000. | 6. The number of primary schools has increased significantly | between 1951 and 1995 from 2,10,000 to 5,90,000. |
7. Nearly 95 per cent of the villages have a primary school | within a walking distance of one kilometer. | 4. Political Failures |
to keep out criminal, anti-social and undesirable elements | from participating in and even dominating the political scene | and polluting the electoral and parliamentary processes. |
2. 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. | 3. 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. | 4. 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. |
5. 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. |
6. 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 competitive | personal gain. | 7. ‘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. |
8. There is increasing criminalization and exploitation of the | political climate and processes and an increasing criminals- | politicians-bureaucratic nexus. |
interests and desire for short-time political gains, are unable | even to agree upon broad common national purposes. | 5. Economic Failures |
1. The richest top quintile of population has 85 per cent of the | income. The poorest quintile has only 1.5 per cent of the | country’s income. The second, the third and the fourth |
quintile from top have respectively 8 per cent, 3.5 per cent | and 2 per cent of the income. | 2. 260 million people live below the poverty line. |
6. Social Failures | 1. India’s maternal mortality rate in 1998 was 407 per 100,000 | live births. These levels are more than 100 times the levels |
found in the West. | 2. Some 53 per cent children (almost 60 million) under five | remain malnour-ished–nearly twice the levels reported in |
many parts of sub-Saharan Africa. | 3. The proportion of low birth weight babies born in India is 33 | per cent. It is only 9 per cent in China and South Korea, 6 |
per cent in Thailand and 8 per cent in Indonesia. | 4. India was a signatory to the Alma Ata Declaration in 1978 | that assured ‘health for all’ by the year 2000. Only 42 per |
cent of the children between 12–23 months are fully | immunized - 37 per cent in rural areas and 61 per cent in | urban areas. The coverage is shockingly low in Bihar - 11 |
per cent and in Rajasthan - 17 per cent. | 5. While per capita daily consumption of cereals has improved | only marginally from 400 gms in 1950 to about 440 gms in |
2000, the per capita pulses (protein intake) have over the 50 | years decreased. | 6. The promise of social revolution has remained unredeemed. |
There are 270 million Scheduled Castes and Scheduled | Tribes and the measures for their welfare and uplift have not | been implemented with sincerity. |
taken to bring them to the level of the “core-mainstream”. | 8. Population control measures in the northern States have not | succeeded. Fertility rates in Uttar Pradesh indicate that the |
State is almost a century behind Kerala. | 7. Administrative Failures | 1. Corruption, insensitivity and inefficiency of administration |
have resulted in extralegal 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 extralegal systems. The | mal-administration has resulted in a lack of faith in and | disenchantment with institutions of democracy. |
2. There is an increasing non-accountability. Corruption has | been pervasive. Public interest has suffered. | 3. Constitutional protection for the Services under Article 311 |
has largely been exploited by dishonest officials to protect | themselves from the consequences of their wrong-doings. | 8. Gender Justice and Equality– Failures |
1. 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 Madhya Pradesh. |
2. 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 1005 women for every 1000 men. |
Men outnumber women only in societies where women are | specifically and systematically discriminated. In India, there | are only 933 women for every 1000 men. This is the |
phenomenon about ‘missing’ women. | 3. Overall representation of women in public services is just 4.9 | per cent. |
4. Political participation of women indicates that in 1952 there | were only 22 women in Lok Sabha against 499 seats (4.41 | per cent). In 1991, this increased to 49 seats as against 544 |
5. Between 1995–2000, out of 503 judges of the High Court, | only 15 were women. | 9. Judicial System–Failures |
1. 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. |
2. People are pushed to seek recourse to extra-legal methods | for relief. | 3. 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 fifty |
III. AREAS OF CONCERN: COMMISSION’S | PERCEPTION | The following are the important areas of concern according to the |
perception of the Commission6 : | 1. 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. |
2. The foremost area of concern is the present nature of the | Indian State and its inability to anticipate and provide for the | great global forces of change ushered in by the pace of |
scientific and technological developments. | 3. 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 in the revenue budget; | in 1997–98, it became ₹88,937 crores; in 2001–02, it is | about ₹1,16,000 crores (4.8 per cent of GDP). India is on its |
way to a debt-trap. | 4. There is pervasive impurity of the political climate and of | political activity. Criminalisation of politics, politicalcorruption |
and the politician-criminal-bureaucratic nexus have reached | unprecedented levels needing strong systemic changes. | 5. 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 un-coordinated and | directionless amalgam of different departments often with | over-lapping 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. |
6. 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. | 7. 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 law-making institutions. | 8. The Parliament and the State Legislatures, owing to the |
inherent weakness of the electoral system, have failed to | acquire adequate representative character. The 13th Lok | Sabha represents only 27.9 per cent of the total electorate |
and the Legislature of U.P. represents only 22.2 per cent of | electorate respectively. | 9. The increasing instability of the elected governments is |
attributable to opportunistic politics and unprincipled | defections. The economic and administrative costs of | political instability are unaf-fordably 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 Lok Sabha. 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, |
rule and hoodlum out-fits. 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 out-fits will dictate terms | to the legitimate governments. |
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