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11. Rural de-population, urbanization, urban-congestion and
social unrest need 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 the 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 prosecutions requires a strong
second look. Law’s 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 mediation, conciliation and arbitration
as well as mechanisms of auxiliary adjudicative services
need to be stressed.
15. Communal and other inter-group 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 behavioural 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
both qualitatively and quantitatively. 96.4 per cent 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.
IV. 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 manner7 :
1. On Fundamental Rights
1. 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’.
2. 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’.
3. 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 aid8 .
(h) Right to care and assistance and protection (in case of
children).
(i) Right to safe drinking water, prevention of pollution,
conservation of ecology and sustainable development.
4. The right to education (under Article 21-A) should be
in the case of girls and members of the SCs and STs until
they complete the age of eighteen years’.
5. Two changes should be made with respect to preventive
detention (under Article 22), namely, (i) the maximum period
of preventive detention should be six months; and (ii) the
advisory board should consist of a chairman and two other
members and they should be serving judges of any high
court.
6. Sikhism, Jainism 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.
7. The protection from judicial review afforded by Article 31-B
to the Acts and Regulations specified in the Ninth Schedule
should be restricted to only those which relate to (i) agrarian
reforms, (ii) reservations, and (iii) the implementation of
Directive Principles specified in clause (b) or (c) of Article 39.
8. 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).
2. On Right to Property
Article 300-A should be recast as follows:
1. Deprivation or acquisition of property shall be by authority of
law and only for a public purpose.
2. There shall be no arbitrary deprivation or acquisition of
property.
3. No deprivation or acquisition of agricultural, forest and non-
urban homestead land belonging to or customarily used by
the SCs and STs 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
3. On Directive Principles
1. The heading of Part-IV of the Constitution should be
amended to read as ‘Directive Principles of State Policy and
Action’.
2. A new Directive Principle on control of population should be
added.
3. An independent National Education Commission should be
set-up every five years.
4. An Inter-Faith Commission should be established to promote
inter-religious harmony and social solidarity.
5. There must be a body of high status to review the level of
implementation of the Directive Principles.
6. A strategic Plan of Action should be initiated to create a
large number of employment opportunities in five years.
7. Implementation of the recommendations contained in the
Report of the National Statistical Commission (2001).
4. On Fundamental Duties
1. Consideration should be given to the ways and means by
which Fundamental Duties could be popularized and made
effective.
2. The recommendations of the Justice Verma Committee on
operationalisation of Fundamental Duties should be
implemented at the earliest9 .
3. 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.
5. On Parliament and State Legislatures
state legislatures.
2. 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 offence 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.
3. The domiciliary requirement for eligibility to contest elections
to Rajya Sabha from the concerned state should be
maintained. This is essential to ensure the federal character
of the Rajya Sabha.
4. The MP local area development scheme should be
discontinued.
5. 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.
6. Immediate steps be taken to set up a Nodal Standing
Committee on National Economy.
7. A Standing Constitution Committee of the two Houses of
Parliament for a priori scrutiny of constitutional amendment
proposals should be set up.
8. A new Legislation Committee of Parliament to oversee and
coordinate legislative planning should be constituted.
9. 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 Rajya Sabha and Lok Sabha
12. A Study Group outside Parliament for study of procedural
reforms should be set up.
6. On Executive and Administration
1. In case of hung Parliament, the Lok Sabha 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.
2. 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’.
3. For a motion of no-confidence to be brought out against the
government, at least 20 per cent of the total number of
members of the House should give notice.
4. The practice of having oversized Council of Ministers should
be prohibited by law. A ceiling on the number of Ministers in
any State or the Union government be fixed at the maximum
of 10 per cent of the total strength of the popular house of
the legislature.
5. The practice of creating a number of political offices with the
position, perks and privileges of a minister should be
discouraged. Their number should be limited to 2 per cent of
the total strength of the lower house.
6. The Constitution should provide for appointment of Lokpal
keeping the prime minister outside its purview and the
institution of lokayuktas 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 penalisation to dishonest
ones.
9. The questions of personnel policy including placements,
promotions, transfers and fast-track advancements should
be managed by autonomous Civil Service Boards
constituted under statutory provisions.
10. Officials, before starting their career, in addition to the taking
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 Whistle-blower Acts) may be enacted to fight corruption
and mal-administration.
13. A law should be enacted to provide for forfeiture of benami
property of corrupt public servants as well as non-public
servants.
7. On Centre-State and Inter-State Relations
1. The Inter-State Council Order of 1990 may clearly specify
the matters that should form the parts of consultations.
2. Management of disasters and emergencies (both natural
and manmade) should be included in the List III (Concurrent
List) of the Seventh Schedule.
3. A statutory body called the Inter-State Trade and Commerce
Commission should be established.
4. The president should appoint the governor of a state only
after consultation with the chief minister of that state.
5. Article 356 should not be deleted, but it must be used
sparingly and only as a remedy of the last resort.
6. 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.
7. 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.
8. The State Assembly should not be dissolved before the
proclamation issued under Article 356 has been laid before
Parliament. Article 356 should be amended to ensure this.
9. River water disputes between States and / or the Centre
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 consideration of the
President, there should be a time-limit (say of three months)
within which the President should take a decision whether to
give his assent or to return the bill.
8. On Judiciary
1. 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), two senior most Judges of the
Supreme Court, the Union law minister and one person
nominated by the president.
2. A committee of the National Judicial Commission should
examine complaints of deviant behaviour of the Supreme
Court and high court judges.
3. The retirement age of the judges of high courts and
Supreme Court should be increased to 65 and 68
respectively.
4. No court other than the Supreme Court and the High Courts
should have the power to punish for contempt of itself.
5. 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 ultra-vires.
6. A National Judicial Council and Judicial Councils in States
should be set up for the preparation of plans and annual
budget proposals.
7. In the Supreme Court and the High Courts, judgements
should ordinarily be delivered within 90 days from the
conclusion of the case.
8. An award of exemplary costs should be given in appropriate
cases of abuse of process of law.
9. Each High Court should prepare a strategic plan for time-
bound clearance of arrears in courts within its jurisdiction.
No case to remain pending for more than one year.
10. The system of plea-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.
9. On Pace of Socio-Economic Change and
Development
1. A way could and should be found to bring a reasonable
number of SCs, STs and BCs on to the benches of the
Supreme Court and high courts.
2. Social policy should aim at enabling the SCs, STs and BCs
and with particular attention to the girls to compete on equal
terms with the general category.
3. Appropriate new institutions should be established to ensure
that the resources earmarked for the weaker sections are