National Commission to Review the Working of the Constitution | UPSC Notes

The national commission to review the working of the constitution was set up with the objective to examine and recommend changes in the Indian Constitution to make it compatible so as to meet the challenges of the contemporary time and run the polity effectively. This was formalized as the National Commission to review the working of the Constitution and was constituted by the Government of India in the year 2000. Its principal brief was to reassess the provisions of the Constitution with a view to recommending changes that will help strengthen the constitutional and legal framework of the nation.

This topic falls under the General Studies Paper-II of the UPSC, which includes polity, governance, and the working of the Indian Constitution. In realization of the same, there is much need to understand the purpose, structure, and recommendations of the NCRWC in terms of how constitutional amendments and reforms are taken up and implemented in India.

About the National Commission for Reviewing the Working of the Constitution

The National Commission to Review the Working of the Constitution (NCRWC) was established to conduct a comprehensive examination of the Indian Constitution. Contemporary socio-political realities, economic changes, and new challenges require a serious examination to ensure the relevance of the Constitution and its adequacy in addressing modern and changing needs. It visualized that the commission would scrutinize existing provisions and recommend suitable amendments for better governance and protection of democratic values, as also for overall working of the constitutional machinery.

Background of Establishment

The idea of reviewing the constitution was not something absolutely novel or novel in its conception, if not in every other regard. Commissions and committees over the years have suggested various amendments to kill the perspective problems. But slowly, a predominant group of thinkers began to share a common voice that a holistic review was needed. In this backdrop, the Government of India under the leadership of Prime Minister Atal Bihari Vajpayee established the NCRWC on 22 February 2000. The commission was set up with a broad term of reference to examine the constitution and suggest proposals for amendments that can facilitate good governance, faster socio-economic development, and stronger democratic institutions.

Read the article on the different commissions and their recommendations!

National Commission for Review of Working of Constitution – Term of Reference

The comprehensive terms of reference assigned to the NCRWC spanned a vast range of issues pertaining to the constitution and governance. These were:

• Electoral System Reforms: Measures for enhancing the integrity and efficiency of the electoral process.
• Strengthening Fundamental Rights and Directive Principles: Need to strike a balance between individual rights and duties of the state spelt out in the Directive Principles of State Policy.
• Devolution of Power: Extending decentralization to achieve local self-governance and participatory democracy.
• Judicial Reforms: Making the judiciary more efficient, transparent, and within the reach of the common man.
• Administrative Reforms: Administrative simplification for good governance and accountability in administration.
• Federal Structure: Harmonizing centre-state relations for cooperative federalism.
• Review Emergency Provisions: Ensuring that the provisions to declare an emergency are not misused.

These terms provided an ample basis for the commission to conduct a review of the constitution and propose the altering of outdated provisions that were out of place or out of step with the challenges of modern life.

Read the article on the PJ Nayak Committee!

Composition of the National Commission for Review of the Working of the Constitution

The NCRWC was composed of notable legal luminaries, scholars, and public figures, appointed to bring diverse perspectives and expertise. The commission was chaired by Justice M.N. Venkatachaliah, a former Chief Justice of India. The members included prominent individuals from various fields:

• K. Parasaran: Renowned jurist and former Attorney General of India.
• Subhash C. Kashyap: Eminent scholar and constitutional expert.
• P.A. Sangma: Senior politician and former Speaker of the Lok Sabha.
• S.S. Bhandari: Former Governor and experienced constitutional advisor.
• Justice B.P. Jeevan Reddy: Retired judge of the Supreme Court of India.
• Professor L.M. Singhvi: Eminent constitutional expert and diplomat.
• Dr. R. Shankar: Renowned economist and scholar.
• C. Kesavan: Former cabinet secretary and experienced administrator.

Such diversified composition enabled the commission to touch upon all the dimensions of the constitution and governance comprehensively.

Read the article on the Malimath Committee!

Recommendations of the Commission

Its report was finally submitted to the government on March 31, 2002. Its wide-ranging recommendations included amendments and reforms in the electoral law. The major recommendations include:

Electoral Reforms

• Neutral Voting Option (NOTA): Introduction of "None of the Above" to allow the voters to reject all candidates.
• State Funding of Elections: Partial state funding to reduce the influence of private donations and black money.
• Strengthening of Election Commission: An Election Commission that enjoys more independence and authority to ensure free and fair elections.
• Disqualification of Candidates: There should be a ban on contesting elections for candidates who have serious criminal charges against them.
• Regulation of Political Parties: Political parties should be made internally democratic, with regulations demanding transparency in the process of candidate selection.
• Electoral Expenses: Strictly enforce limits upon the expenses that can be made during the elections, with strict consequences in case of violations.

Judicial Reforms

• National Judicial Commission: Appointment and oversight commission for the making of merit-based and transparent appointments of the higher judiciary judges.
• Code of Conduct for Judges: Implementing a code taking care of high standards of judicial behavior and accountability.
• Fast-Track Courts: Required for quickening the process of judiciary and reducing backlogs of cases.
• Simplification of Legal Procedures: Reforms for making legal procedures less complicated and more accessible.
• Alternative Dispute Resolution: Popularizing ADR mechanisms such as mediation and arbitration for out-of-court settlements.

Read the article on the major committees in the Indian constituent assembly!

Federalism and Decentralisation

• Financial Autonomy to States: Strengthening the financial autonomy of states by providing them with a higher percentage share of central revenues.
• Devolution of Powers: Strengthening local self-government through the devolution of adequate powers to the Panchayati Raj Institutions and urban local bodies.
• Inter-State Council: Making the Inter-State Council effective through regular consultations to resolve inter-state differences and issues and to promote cooperative federalism.

Reforming the Executive Branch

• Fixed Tenure for Bureaucrats: Ensure stability in the important administrative positions by having tenures that are fixed.
• Anti-defection Laws: Thicken the law on defection so that it retains the credibility of the elected bodies.
• Transparent Governance: It encourages e-governance, transparency in the administrative process to reduce corruption.

Reforms in Parliament

• Increased Sessions: Increase the number of parliamentary sessions so that proper time is available for effective legislative scrutiny.
• Improvement of the Committee System: The Parliament committees will be further strengthened to have a detailed examination of policies and bills.
• Legislative Accountability: Ensuring ministers and other lawmakers are held accountable for non-performance and misconduct.

Read the article on the cabinet committees!

Fundamental Rights and Duties

• Expansion of Fundamental Rights: Including the right to privacy and other modern rights within the fundamental rights.
• Promotion of Fundamental Duties: Increasing awareness of the duties of citizens in order to promote responsible citizenry.
• Balancing Rights and Duties: To make a conscious balance between expanding rights and enforcing duties so as to develop the constitution.

Social and Economic Reforms

• Inclusion Policies: A more comprehensive set of measures for financial inclusion and targeted poverty alleviation programs.
• Strengthening Social Security: strengthening public distribution systems and social security schemes to ensure that vulnerable sections of society are protected.

Read the article on the Parliamentary Committees!

Conclusion

The National Commission to Review the Working of the Constitution was an important exercise for having a relook at India's constitutional framework in the light of new realities and challenges. Though so many recommendations were only talked of and debated, implementation of the same is still work in progress. The work of the commission reflected the transformative potential that the continued and constant review and renewal of the Constitution beheld. Its findings still offer meaningful lessons to the policymakers, researchers, and citizens who are committed to the promotion of effective governance, protection of democratic values, and fostering inclusive development.

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