Constitutional reforms
N. R. MADHAVA MENON
CONSTITUTION OF INDIA - Review and Reassessment: Subhash C. Kashyap — Editor; Universal Law Publishers Co. Pvt. Ltd., C-FF-IA, Dilkhush Industrial Area (Opp. Hans Cinema, Azadpur), G. T. Karnal Road, Delhi-110033. Rs. 350.
The Constitution of India is one document that is being examined and re-examined, interpreted and re-interpreted almost every day throughout the year in so many forums to justify or challenge a policy or a decision within and outside Government. The beauty is that it is still "uncertain" as ever on many crucial issues, receptive to many ideas, ideals and ideologies sustaining a pluralist democracy comprehending one-sixth of humanity! The success of India is indeed the success of the Indian Constitution to a very large measure.
There are two views on the working of the Constitution, one suggesting a revision or at least a re-statement with suitable changes advanced from time to time and the other seeking to maintain the status quo on the ground that failures, if any, are those of the functionaries and not of the document itself. The Constitution Review Commission appointed by the Union Government in 2000 came out with a number of reform proposals based on the strengths and weaknesses identified in the working of constitutional institutions, which unfortunately did not receive the attention they deserved from the powers that be. Nonetheless, it helped to promote constitutional literacy among a section of the public and canvassed the need for a constitutional culture to be followed by those involved in governance.
Promoting a debate
Subhash C. Kashyap a renowned scholar and member of the Constitution Review Commission has done a great service in promoting the debate on constitutionalism and good governance by following up the review work through revisiting some of the key recommendations with reflective contributions from a cross section of the intelligentsia. Starting with an essay on the Commission's agenda and its outcome, this book takes the reader through the Charter of Rights and Duties, parliamentary and electoral reforms, decentralised governance and judicial reforms. A section of three articles on German experience in constitutional reforms and a set of annexures containing documentation from the Constitutional Commission add value from the point of view of the reader and the researcher.
Constitutional governance, no doubt, is under severe stress in India because of a variety of factors including the fallouts of coalition politics, corruption, fundamentalism and the inability of the political parties to see national interests above narrow electoral politics. Among the important recommendations of the Commission on which the book carries several pieces is the issue of electoral reforms. Recent developments suggest that however much political parties conspire to avoid the issue, it would contin ue to challenge them and dominate politics in the country. Other critical issues highlighted in the book, which cry for solutions, are those relating to the treaty making power of the Union Executive, privileges of legislature, civil services reform, National Judicial Commission and Fundamental Duties. It is pertinent to observe that these issues of governance are in the national agenda for a long time though, for some reasons, political parties refuse to follow up with necessary legislative and administrative measures.
Mobilising opinion
In the above context, Subhash Kashyap's book is a timely reminder to right thinking citizens to educate themselves and to mobilise public opinion for democratic restoration of constitutional values and integrity of its institutions. Crafty politicians seem to be ready to demolish institutions to serve their interests. Judiciary is under attack for right and wrong reasons. The Election Commission is being questioned through ways fair and foul, and independent civil servants are on the run. Police reforms continue to be sidelined and criminal justice is being used to draw political dividends to ruling parties. Good governance under the circumstance is a far cry despite having a dynamic Constitution and an essentially law abiding population.
In a democracy there is no other way except to use public opinion to bring about reform. In mobilising public opinion a great deal of debate has to happen on the causes of the malaise and the choices open before the people. This is a task primarily of political parties, which unfortunately are outside the constitutional discipline at present. As such, the problem in hand is about getting the issues into the electoral arena and setting the reform process in motion perhaps from the grass roots level. The scheme of decentralised governance, which the book highlights, provides a strategy to accomplish a task, which the national and state governments seem reluctant to undertake. The Report of the Constitution Commission and the accompanying volume edited by Kashyap would provide the working documents for such an exercise.
Printer friendly
page
Send this article to Friends by
E-Mail
Book Review
