The Constitution
of India
The Indian Constitution has the characteristic of being reasonably flexible,
but at the same time retaining the feature of rigidity. In other words, as and
when any amendment was required to be made the same was effected. Although the
courts have the power to interpret the Constitution, the power to amend the
same vests with the Parliament.
During the past 60 years, the working of Indian Constitution has been
satisfactory, certain institutions and concepts have got evolved as per the
felt needs of Indian polity. The constitution did not exclusively provide for
judicial review, which was implied in it.
Further, the concept of 'basic features of the Constitution' has, been
evolved by the Supreme Court while interpreting the Constitution. This concept
has imposed certain restrictions on the Parliament to amend the Constitution, which
are no more unbridled now. It is through the amendments to the Constitution
that provisions regarding reservation to the Scheduled Caste and Scheduled
Treble are being extended on 10 year basis.
Further, 73rd and 74th amendments to the constitution provided the
constitutional status to the Panchayati Raj Institutions and Urban Local
Bodies.
There are, however, certain areas that have been debated from time to time
and in the present day context some changes to the Constitution appear to be
necessary. This was the reason that the government recently set up a commission
under the chairmanship of a former Chief Justice Venkatachaliah to suggest fie
areas requiring review of the Constitution.
Earlier in 1983, a commission was appointed by the government of India to
consider the issue of Centre-State relations under Justice R.S. Sakiiha, called
Sarkaria Commission. The Sarkaria Commission did not recommend any amendment to
the constitution and felt that the States already had the freedom in their own
sphere, but recommended a freeze on the centre's tendency to encroach upon the
spheres of the State,
The Commission also asked the government to setup the Inter-state Councils
and codifies the guidelines the Governors in the States. But while the terms of
the' Sarkaria Commission were limited to the issue of Centre-Stale relations,
Venkatachaliah Commission has been given much wider scope. The Commission may
review the existing provisions relating to the Fundamental Rights.
Fundamental Duties and Directive Principles of State Policy may also receive
the attention of the review panel. Certain Provisions regarding the judiciary
may need updating. The concepts like the judicial review, basic features of the
Constitution, public interest litigation etc. may also find place in the
recommendations of the Commission.
Some vital contemporary issue like human rights, gender issues and
globalization related issues may also be there in the report of the Commission.
Institutions like the Planning Commission and National Development Council may
also be recommended for constitutional status in India.
Besides the above-mentioned general issues, there are certain specific
issues too. Whether the parliamentary democracy has been successful in India or
any changes are required ?This particular issue has gained importance in view
of the fact that the coalition governments have become the order of the day,
and with a view to provide stability to the parliamentary democracy in a
coalition culture, whether any amendments are required.
Further, the Commission may review the usefulness or otherwise of the
Commission may review the usefulness or otherwise of the State Legislative
Councils. With a view to curb the tendency to have the jumbo-sized Council of
Ministers at the Centre and the States, a limit is required to be put to
control the wasteful expenditure and to ensure quick decision-making.
The number of the members of the Rajya Saba may also be recommended to be
increased. The Commission in its wisdom may also consider and recommend any
other amendment in the Constitution keeping in view the welfare of the Indians.
0 comments:
Post a Comment