National Commission to Review the Working of the Constitution (NCRWC)

In 2000, the Government of India established the National Commission to Review the Working of the Constitution (NCRWC), with the former Chief Justice of India, M.N. Venkatachaliah, as its head. Its mandate was to examine how well the Constitution met the demands of governance and socioeconomic development over fifty years and to recommend adjustments within the framework of parliamentary democracy without altering the basic structure of the Constitution. The Commission submitted its report in 2002, outlining several areas of analysis.

Learning Outcomes

1. Understanding the NCRWC’s formation and mandate.
2. Identifying key areas examined by the Commission.
3. Recognizing major achievements and failures over fifty years of constitutional application.
4. Awareness of the NCRWC’s recommendations for constitutional and legislative reforms.

Key Areas of Examination by the NCRWC

The Commission independently identified eleven primary areas to investigate, focusing on improving governance, socioeconomic equity, and institutional efficiency:

1. Strengthening Parliamentary Democracy: Examining the Legislature, Executive, and Judiciary with a focus on stability and accountability.
2. Electoral Reforms: Addressing standards in political life and the efficacy of elections.
3. Socioeconomic Development: Evaluating the pace of social and economic change and how effectively the Constitution supports it.
4. Social Security: Promoting literacy, employment, social security, and poverty alleviation.
5. Union-State Relations: Revisiting the distribution of power between the Union and States.
6. Decentralization: Strengthening Panchayati Raj Institutions and empowering local governance.
7. Enlarging Fundamental Rights: Expanding civil liberties and guarantees.
8. Effectuating Fundamental Duties: Reinforcing citizens’ responsibilities.
9. Directive Principles: Ensuring Directive Principles guide government policies more effectively.
10. Fiscal Policies: Improving monetary policies and public audit mechanisms.
11. Public Administration: Enhancing standards of public life and tackling administrative inefficiencies.

Fifty Years of the Constitution’s Working

The Commission offered a detailed analysis of the Constitution’s achievements and failures between 1950 and 2000. Key observations are presented below:

Political Achievements

1. Stabilized Democracy: India’s democratic system has matured into a working federal polity, aided by the 73rd and 74th amendments. Elections have occurred regularly, ensuring peaceful transfers of power.
2. Improved Representation: Increased educational qualifications among elected representatives and greater political participation from historically marginalized communities.

Economic Growth

1. Industrial and Agricultural Progress: Between 1950 and 2000, agricultural and industrial production expanded significantly. The agricultural production index rose from 46.2 to 176.8, with remarkable increases in wheat and rice outputs.
2. Technology and Service Growth: New technologies, particularly in Information Technology, boosted economic growth, exemplified by IT revenue surging from $150 million in 1990 to $4 billion in 1999.
3. Energy Sector: Electricity generation skyrocketed from 5.1 billion KWH in 1950–51 to 480.7 billion KWH in 1999–2000.

Social Development

1. Health and Education: The infant mortality rate halved between 1950 and 1998, while life expectancy increased from 32 to 63 years. A robust public health infrastructure emerged, along with a significant increase in the number of primary schools.
2. Public Health Services: From 725 primary health centers in 1951, the number surged to 150,000 by 1995, ensuring greater access to healthcare.

Failures and Challenges

While India made significant progress, the Commission highlighted substantial shortcomings in the political, economic, and social sectors.

Political Failures

1. Criminalization of Politics: The electoral system has allowed criminal and undesirable elements to infiltrate and dominate the political arena, leading to widespread corruption.
2. Women’s Representation: Despite democratic progress, the representation of women in decision-making processes remains grossly inadequate.
3. Fraternity and Unity: The ideal of fraternity, a core value in the Preamble, remains unrealized, with divisions persisting across society.
4. Governance Crisis: The political climate is heavily influenced by corruption, with a deteriorating politician-criminal-bureaucrat nexus affecting governance quality.

Economic Failures

1. Income Disparity: Economic growth has been uneven. The richest quintile controls 85% of the income, while the poorest holds only 1.5%.
2. Poverty: Around 260 million people remain below the poverty line, indicating significant economic disparity.

Social Failures

1. Maternal Mortality: India’s maternal mortality rate in 1998 was alarmingly high at 407 per 100,000 live births, much worse than Western standards.
2. Child Malnutrition: Nearly 53% of children under five remain malnourished, and 33% are born underweight. These figures starkly contrast with other Asian nations.

Important Note
The promise of social revolution, particularly for Scheduled Castes and Tribes, has largely gone unfulfilled. The measures for their welfare have not been implemented with sincerity or effectiveness.

Administrative Failures

1. Corruption in Governance: Bureaucratic corruption and inefficiency have fostered extralegal systems and a parallel economy, eroding trust in institutions.
2. Non-accountability: Public interest has suffered from widespread non-accountability and poor governance standards.

Recommendations of the Commission

The NCRWC made 249 recommendations, with 58 requiring constitutional amendments, 86 involving legislative measures, and 105 achievable through executive action. Significant recommendations are summarized below:

Fundamental Rights

1. Expanded Protections: Articles 15 and 16 should include protections against discrimination based on ethnic or social origin and political or other opinions.
2. Freedom of Speech: Article 19 should explicitly extend to the freedom of the press and the right to seek and impart information.
3. New Rights: Introduce rights against torture, right to privacy, and right to speedy justice.

Right to Property

1. Protection Against Arbitrary Acquisition: Article 300-A should emphasize protection from arbitrary acquisition, with SCs and STs enjoying specific protections regarding their land.

Directive Principles

1. New Directive: A new Directive Principle addressing population control should be added.
2. Employment Opportunities: A strategic employment plan should be developed to create substantial job opportunities within five years.

Fundamental Duties

1. Increased Awareness: Efforts should be made to popularize and enforce Fundamental Duties, including voting and tax-paying responsibilities.

Judiciary

1. National Judicial Commission: A National Judicial Commission should recommend appointments to the Supreme Court and High Courts. Additionally, the retirement age of judges should be increased to 65 years for High Courts and 68 years for the Supreme Court.
2. Judicial Accountability: Courts should aim to deliver judgments within 90 days of case conclusion to improve efficiency.

Electoral Reforms

1. Disqualification of Convicted Politicians: Individuals convicted of heinous crimes like murder or rape should be permanently disqualified from holding any political office.
2. Simultaneous Elections: Candidates should be restricted from contesting multiple constituencies in the same election.

Important Note
The NCRWC emphasized the need for continuous dialogue and revisions to keep the Constitution a dynamic and adaptable document, as originally envisioned by Jawaharlal Nehru.

Earlier Efforts to Review the Constitution

Even before the NCRWC’s formation, there were numerous attempts to review the Constitution, beginning with Jawaharlal Nehru‘s speeches in the early 1950s, urging for the amendability and flexibility of the document. Key moments include:

1. Nehru’s Address in 1951: Nehru advocated for the Constitution to remain dynamic and open to amendments to reflect societal changes.
2. Y.B. Chavan Committee: In 1967, this committee examined defections, a problem that had become widespread in the Indian political system.

Multiple Choice Question

Which recommendation was made by the NCRWC regarding the electoral process?

1. Allow simultaneous contesting of elections from multiple constituencies.
2. Disqualify convicted individuals

from holding any political office.

3. Allow public funding of elections.
4. Limit the disqualification period for criminals to 5 years.

Answer: 2