A sore thumb in the current context is that the judiciary seems to be stepping on to legislature powers in the name of restoring order. But the travails the Indian Constitution has undergone in the last over 70 years and how it has worked to overcome those critical odds, SUBRAMANI RA MANCOMBU, on the occassion of the 72nd Republic Day of India, takes a sneak peak into the Constitution and assures it will stand the test of time in future too..
The Indian constitution is the largest in the world and is considered sacrosanct. The Supreme Court made it clear in the 1973 Kesavanand Bharati Case that certain provisions of the constitution that are key to the survival of the country’s constitutional framework cannot be changed.
Provisions in the Constitution that cannot be changed are with regard to free and fair elections, judicial review, the federal structure of the country and separation of powers.
Despite the Constitution looking rigid, it has undergone 104 amendments. When the Constitution was framed, it had 395 Articles and eight schedules. Today, it has over 450 Articles and 12 Schedules, mainly in view of the 104 Amendments.
In comparison, the United States has seen its legislature pass only 33 Amendments since 1776, of which only 26 have been ratified and accepted. Among the six still to be approved by all the States is the one to reorganize the Congress constituencies.
To term it in the automotive parlance, the Indian constitution, framed with provisions of 60 constitutions, is a hybrid one where it looks rigid while at the same time it has been flexible allowing 104 amendments.
Amendments to the Indian constitutions can be passed only after a rigorous test as both Houses of Parliament have to ratify them, while if they have any effect or impact on the States, the State legislature, too, will have to approve them.
The Indian Constitution is being revered and respected by almost all its citizens, save a few who, unfortunately, fall into the hands of anti-nationals. Indian Constitution has stood the test of time in the last over 70 years despite which the basic structure remains the same till date.
Sometimes, the 104 amendments to the Constitution have been criticised, raising the question if it has to be written afresh like what China did in 1982.
The basic structure of the Indian Constitution allows it to overcome critical impediments and helps India move ahead (Picture Courtesy: The Edition)
One of the features of the Indian Constitution is the respect those who framed it have given to the Federal system and segregating the powers of the Union and Federal or State governments.
Thus, we have the Consitution stipulating the powers of the Union, State and both together that fall under the Concurrent List. Over the years, the Indian Constitution has seen a hue and cry being raised over Centre reportedly transgressing States rights by not adhering to what is said in the Concurrent List.
But these have never been an issue and ways have been found to solve them. For example, the current controversy over the agricultural reforms. One of the charges against the Centre is that it has allegedly interfered with the State’s powers.
But the fact is most of the States are in agreement and more importantly, it is a move that, in the final analysis, will help the States earn more revenue in terms of the investments that will come in and infrastructure that will be put up.
There have been two occasions when the Indian Constitution was under severe test but on both occasions, the basic structure ensured to protect it.
First was the Emergency that was declared in 1976. The country had never faced such a situation and the fundamental rights given to individuals were under threat.
A-year-and-a-half later, elections saw the Government impose Emergency out of power and the Constitution prevailed. Over here, the basic structure of the need for free and fair elections ensured this.
The second was in 1984 when Indira Gandhi was assassinated by her own bodyguards. A leadership vacuum looked a possibility and the country could have been thrown in chaos. No doubt, capital New Delhi saw riots and a particular community being targeted.
But in the end, Constitutional provisions prevailed and a new Government was sworn in to restore peace, though at the cost of many lives.
The Indian Constitution rests on three pillars of executive, judiciary and legislature. Even when one of them is under threat, the other steps in to rescue the constitution.
When rulers erred, the judiciary stepped in to restore the Constitution, almost nine times out of ten. Probably, Emergency was an exception when the judiciary was under threat. But finally, the power of the people prevailed.
Probably, a sore thumb in the current context is that the judiciary seems to be stepping on to legislature powers in the name of restoring order.
Ironically, a move by the Government to bring accountability in the judiciary through the National Judicial Appointment Committee was struck down by the Supreme Court. It was a case of an accused sitting in judgement.
This is one area where the Indian constitution would do well to bring in the necessary changes. Or else, we could one day see this pillar threatening the existance⁶yof the other two pillars.
SUBRAMANI RA MANCOMBU is Exenc Editor, Swarajya Magazine, former editor at the Hindu Business Line and worked as Senior Political and Economic Specialist at the US Consulate General, Chennai. He is author of Virgin’s Guide To Commodities and tweets @mrsubramani
Opinions expressed in this article are of the author’s and do not represent the policy of The Edition. The writers are solely responsible for any claim arising out of the contents of their articles.
Tags: #IndianConstitution #RepublicOfIndia
The Edition 