Table of Contents

Constitution and Constitutionalism

A constitution is a body of fundamental principles according to which a state is constituted or governed.
It lays down the basic structure of the political system under which its people are to be governed. It establishes the main organs of the state—the legislature, the executive, and the judiciary—defines their powers, demarcates their responsibilities, and regulates their relationships with each other and with the people.
It is the document or set of documents that has a set of rules and principles which as the basis of society is accepted by all. It reflects the ideals of a society shared by all and defines the nature of the social, legal, and political system in a “STATE.”

It is described as the fundamental law of the land which contains the fundamentals of its polity and on the altar of which all other laws and executive acts of the state are to be tested for their validity and legitimacy.

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Why do we need a Constitution?

Context:

Since an individual’s own personal power is limited, nothing valuable can be attained without the collective effort of individuals. Most of our needs — health, education, infrastructure, peace and harmony, economic growth, leisure and enjoyment, art and literature — are realised by assembling power. However, once constituted, this indispensable collective power to do or achieve things can be used not to realise the collective good but for one’s own exclusive advantage, to secure things only for oneself. This can be done by forcing others to do what they would not otherwise do, to get them to act against their will, for one’s own benefit. Therefore, we need to check the use of this collective power.

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What is a State (not state which in Indian sense will mean 2nd tier of the government)?

The State is defined by different philosophers differently (Ex- Hegel and Hobbes claim state as an absolute body; whereas Locke calls it a body acting as a trust with delegated functions). However, a generally accepted definition is: The state is a territorial society, the people living on a particular tract of land organized under a common governing body which has, if not a complete at any rate, a very special degree of authority over people.

Components of state:

1. Population
2. Territory
3. Government
4. Sovereignty

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Checking tyranny:

The primary need for a constitution is to limit the power of the government. Constitution by defining what the government can or cannot do, limits the powers of the government. We humans have realised that we need to not only garner collective power to meet our needs but also limit it, so that it is not exercised whimsically, arbitrarily, for self-aggrandizement and against the basic interests of the people. This is the key reason why we have a constitution, which is not just any odd assortment of law and institutions but a framework of ground rules that acts as a bulwark against the tyrannical use of state power to dominate and oppress others.

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Accommodating diversity:

Every country has diverse groups of people. Their relationship may not be ideal. All over the world, people have differences of opinion and interests. Whether democratic or not, most countries in the world need to have some basic rules. Ex- South African constitution was developed with the biggest challenge of living together of oppressors as well as oppressed.

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Check the tyranny of a majoritarian:

Every society is prone to this tyranny of the majority. The Constitution usually contains rules that ensure that minorities are not excluded from anything that is routinely available to the majority. Another reason why we have a constitution is precisely to prevent this tyranny or domination by the majority of a minority. This can refer to one community dominating another, i.e. inter-community domination, or members of one community dominating others within the same community, i.e. intra-community domination.

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Protecting individual’s rights/interest:

Constitution by providing rights which even the state cannot infringe constrains the state. Example- Fundamental rights in the Constitution seek to provide individuals with the right opportunity for development without unnecessary restraints.

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Trust and cooperation:

Constitution seeks to develop trust between different groups and protect against the threat of Majoritarianism. Example – Art 29 and Art 30, NCSC, NCST etc. seeks to protect such marginalized or minority groups.

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Prevent Self-Harm:

Another significant reason why we need a constitution is to save us from ourselves. This may sound strange but what is meant by this is that we might at times feel strongly about an issue that might go against our larger interests and the Constitution helps us guard against this. The constitution protects everyone against human vulnerability in general. It is important not to forget that human beings are fallible, that they sometimes forget what is really good for them; they yield to temptations that bring them pleasure now but pain later. It is not unknown for people to act in the heat of the moment (out of anger, fear or intense hatred) only to rue the consequences of the decision later.

For example, electing a person with strong authoritarian traits. By providing a framework of law culled over years from collective experience and wisdom, constitutions prevent people from succumbing to currently fashionable whims and fancies, anticipating and redressing the excessively mercurial character of everyday politics. The guardians of India’s Constitution have ensured that destabilising swings of legislative moods generated by ephemeral passion or myopia do not alter its basic structure.

For example, it is possible that many people who live in a democracy might come to strongly feel that party politics has become so acrimonious that we need a strong dictator to set this right. Swept by this emotion, they may not realize that in the long run, dictatorial rule goes against all their interests. A good Constitution does not allow these whims to change its basic structure. It does not allow for the easy overthrow of provisions that guarantee the rights of citizens and protect their freedom.

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Social Transformation:

Indian constitution provides a particularly instructive case of another valuable function of constitutions: to provide a moral framework for profound, non-violent social transformations.

Quoting J L Nehru:
“The Constituent Assembly is a nation on the move, throwing away the shell of its past political and possibly social structure, and fashioning for itself a new garment of its own making.”

The Indian Constitution was designed to break the shackles of traditional social hierarchies and to usher in a new era of freedom, equality, and justice. Thus, by disenabling states from doing certain things, constitutions enable them to do other, important things. Once restrained, public power can be deployed to achieve the good life. Thus, constitutions are needed not only to limit wielders of existing power but to empower those traditionally deprived of it, to give vulnerable people the power to help realise an inclusive, collective good.

To sum up, constitutions are needed not only to limit wielders of existing power but to empower those traditionally deprived of it.

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What are the features of a Constitution? (Context of Indian Constitution)

• Judicial Review: Judicial Review is the power of the judiciary to review the lawfulness of a decision or action made by a public body. Under this power, the Supreme Court examines the constitutionality of any laws or executive action. (Supreme Court under Article 13, 31, and also Art 136 and 143 gets implicit power for judicial review.)
• Parliamentary form of Government: Executive is responsible to the legislature and the President of India is the head with nominal powers.
• Written & Detailed Constitution: It is the lengthiest written constitution in the world. It originally consisted of 395 Articles, 22 Parts, and 8 Schedules but currently there are 448 Articles, 25 Parts, and 12 Schedules.
• Fundamental Rights & Fundamental Duties: Part III and Part IV-A provides for these respectively. It gives six fundamental rights like the right to freedom, right to equality, etc.
• Directive Principles of State Policy: Part IV of the Constitution deals with the provisions of DPSP. These are the instructions to the state for securing socio-economic developmental objectives through policies.
• Preamble of the Constitution: It is called the key to the constitution which provides for the nature of the Indian states and its objective is to secure for the people of the country.
• Republic and Secular: Republic means elected representative will be the head of the State. Secular means the state has no religion.
• Adult Suffrage: A person after attaining the age of 18 years gets the Right to Vote in the elections.
• Single Citizenship: Single citizenship means that a citizen can have citizenship of only one State at a time. Single citizenship for the whole of India, i.e., no separate state citizenship as provided in the dual citizenship of the USA where a person is the citizen of both the state and the USA.
• Independent Judiciary: There is no interference by the executive or legislature. Judiciary is kept independent to protect the rights of individuals and to provide equal justice without fear and favour.
• Emergency Provisions: The Constitution provides emergency provisions under Article 352, 356 & 360 as National, State, and Financial Emergency. During an emergency, the power is centralized i.e. all the powers come under the Government of India and as per the need the Governor’s rule or the President’s rule will be applied.
• Basic Structure Doctrine (Since Kesavanand Bharti case, 1973): This provides that the basic structure of the Constitution cannot be amended or altered even by Parliament under Article 368 of the constitution. Parliament can amend the Constitution by the powers conferred under Article 368 but cannot destroy or diminish the basic structure of the Constitution.

What is the function a Constitution performs? (continued)

• Constitution allows coordination and assurance: It provides a set of basic rules that allow for minimal coordination amongst members of a society, particularly in a diverse one like India.
• Specification of decision-making powers: It provides for decision-making power in a polity and how the government will be constituted. For example, it assigns law-making power to the Parliament and adjudicatory function to the judiciary.
• Limitations on the government: It provides limits on what a government can impose on its citizens. These limits are fundamental in the sense that government may never trespass them. For example, Fundamental rights under part 3.
• Aspirations and goals of society: It fulfills the aspirations of a society and creates conditions for a just society by guiding the government towards it. For example, the Preamble, Fundamental Rights (FR), and Directive Principles of State Policy (DPSPs) seek to create a state where social, economic, and political justice is ensured.
• Expresses fundamental identity of the people: It gives a political identity to the people, provides an overarching framework within which one pursues individual aspirations, goals, and freedom, and limits what one can or cannot do.
• Social transformation: The constitution provides rights and an ecosystem through which social transformation is possible. For example, the Constitution of India banned untouchability.

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Constitutionalism

• Constitutionalism stands for the principle that the exercise of political power shall be bounded by rules that lay down procedures and determine the validity of all governmental actions. According to W.G. Andrews, under constitutionalism, two types of limitations impinge upon the government: Powers proscribed (that which is officially forbidden) and procedures prescribed based on the firm belief that limited government is the best government.
• Essence of Constitutionalism: The essence of constitutionalism rests in the limitations that are imposed on the organs of the government as well as a certain amount of diffusion of powers. It is a government not of no restraint or all restraint, but of some restraint on every structure. It works on the principle of shared power.
• Constitutionalism implies: The exercise of political power should be bound by limitations, controls, checks, and rules whether these exist in the form of a written or unwritten constitution. Constitutionalism becomes a living reality to the extent that these rules curb the arbitrary exercise of power and permit scope for the enjoyment of certain rights by the citizens.
• Constitutionalism as an idea: It is an idea generally traced to political philosopher John Locke, who talks of how government can and should be legally limited in its powers, and that its authority or legitimacy depends on it observing these limitations.

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Constitution and Constitutionalism

The significant difference between the Constitution and Constitutionalism is that the limitations envisaged under Constitutionalism are provided by the Constitution. This means the Constitution is just a document, and it is the idea of Constitutionalism that enforces the true meaning and values of the Constitution.

• Even an authoritarian state generally has some sort of Constitution. However, what is missing in these states is Constitutionalism.
• It is the political maturity and traditions of a people that import meaning to a constitution and bring Constitutionalism into play.
• The Constitution is generally a written document, created by the government (often with the participation of civil society), while Constitutionalism is a principle and a system of governance that respects the rule of law and limits the power of the government.
• To ensure basic freedoms of the individual and to maintain the dignity and personality of individuals, the Constitution must be complemented by Constitutionalism. Example: During the emergency in 1975, India saw the violation of basic rights (even the right to life was denied and upheld in the ADM Jabalpur case), and the Constitution itself was misused. However, it was the Constitutionalism which was missing, but it was also the Constitutionalism that still remained in Indian society, and the fall of the order was soon restored, allowing democracy in India to survive.
• The constitutionalism checks whether the act of a government is legitimate and whether officials conduct their public duties in accordance with laws/constitution as pre-fixed/pre-determined in advance.

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Features of Constitutionalism

Different political scholars assign core features to constitutionalism. For example, some consider: limitation of power (limited government), separation of powers (checks and balances), and responsible and accountable government as the features (Barnett). Others like Henkin identify popular sovereignty, rule of law, limited government, separation of powers (checks and balances), civilian control of the military, police governed by law and judicial control, an independent judiciary, respect for individual rights, and the right to self-determination as the core features.

Key features of Constitutionalism:

1. Popular sovereignty: It places sovereignty in the hands of the people. It says people are the source of government authority and decision-making. Example: Referendum, Gram Sabha, right to recall are ways of exercising popular sovereignty.
   Sovereignty refers to the ultimate authority in the decision-making process of the state and in the maintenance of order.
2. Separation of Powers (checks and balances): Power is diffused (to avoid concentration of power in one authority, to prevent abuse of power) among three organs of the state: Legislature (law-making); Executive (law implementation); Judiciary (law adjudication).
   Example: The USA has strict separation of powers with checks and balances in place. For example, the Presidential veto over bills passed by the legislature; Independent judiciary guided by the due process of law.
   India doesn’t provide for strict separation of powers like the USA. However, it provides for three separate organs of the government with suitable checks and balances in place (Example: Judicial review, Executive role in judicial appointments, and executive responsible to the legislature).
3. Responsible and accountable government: The government assumes power in the name and on behalf of the public and as their representative. Thus, they are also accountable to the people. Example: In India, the executive is responsible to the legislature, which is composed of representatives directly elected by the people.
4. Rule of law: It is the rule of laws and not of men. The government can’t function on the whims of the people in power. A.V. Dicey gives three principles:
   • Absence of arbitrary power.
   • Equality before law, i.e., equal subjection of all citizens to the ordinary law of the land.
   • The primacy of the rights of the individual, i.e., the Constitution is not the source of individual’s rights, but the result of individual rights.
     The Indian Constitution accepts the first two principles and in the third, it believes the Constitution as the source of the individual’s right.
5. An independent judiciary: It is the hallmark of constitutionalism as it is the independent judiciary that protects individual rights and limits state power.
6. Respect for individual rights: Providing for rights is not enough in itself. Rather, the state has to promote and encourage individual rights while respecting such rights themselves.
7. Respect for self-determination: The right to self-determination gives people the right to determine their legal and political status in a territory. Example: Indian State and its evolution (granting gradual statuses of states, UTs to many regions, autonomous councils, etc.) shows its use in India.
8. Civilian control of the military: It seeks to prevent military coups as the military, with access to force, can lead to the subversion of the state and the Constitution.
9. Police governed by law and judicial control: The police work at the cutting-edge level of public-bureaucracy interaction and have access to force. Thus, in a Constitutional state, they need to be in some form of control.

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Is Constitutionalism a Myth in India?

The idea of Constitutionalism in India was adopted in the minds of Indian civil society during the freedom struggle. Particularly during the moderate phase of the struggle, constitutionalism was the mode of asserting rights and asking for reform. The adoption of the Constitution on 26th January 1950 was a significant stage in the evolution of constitutionalism in India. However, it has been witnessing a debate in the present context on whether it is a myth or reality today.

Constitutionalism: A Thriving Concept in India 

• Being a written Constitution: It first provides for a limited government, which is the core of constitutionalism. The sovereign powers are divided among three organs of the government. Powers of each organ are defined by the Constitution, and no organ or its instrumentalities can transgress its limits.
• Further, a written Constitution: Provides for the fundamental law of the land and thus the legislature is bound by the constitutional principles. The legislature cannot make a law that violates the Constitution. Therefore, the power of the Constitution is restricted.
• In the State (NCT of Delhi) v. Union of India (2018): The court said, “The constitutional functionaries owe a greater degree of responsibility towards this eloquent instrument for it is from this document that they derive their power and authority and, as a natural corollary, they must ensure that they cultivate and develop a spirit of constitutionalism where every action taken by them is governed by and is in strict conformity with the basic tenets of the Constitution.”

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Parliamentary Democracy

• Parliamentary Democracy in India: Democracy in the Indian context means that the people rule through their representatives. Democracy involves a freedom of choice in electing the rulers. Those who receive the mandate of the people alone can rule. The will of the people remains supreme on all questions of social direction and policy of the government.
• Ingredients of Democracy: It has all the essential ingredients of democracy such as free and fair elections, fundamental rights, no discrimination on any ground, freedom of speech, a free press, a well-developed party system, and a plethora of pressure groups.

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Rule of Law

• Rule of Law in India: The framers of the Indian Constitution were not only familiar with the postulates of Rule of Law as propounded by Dicey but also with its modification during British India. The Constitution is the fundamental law of the country from which all other laws derive their authority. This ensures that all laws are subservient to it and uphold the postulates of Rule of Law as envisaged under the Constitution of India.
• Further Article 13(1): States that any law made by the legislature has to be made in conformity with the Constitution, failing which it will be declared invalid. Therefore, every law created must align with the constitutional provisions.
• The Preamble to our Constitution: Incorporates the words “justice, liberty, and equality,” which are clear indicators of a just and fair system without any disparity between the masses, irrespective of their social stature.
• Equality before the law: As enumerated by Dicey, this principle is incorporated in Article 14 of the Constitution of India, which lays down the principle of equality before the law and equal protection of the laws.
• Right to Life and Personal Liberty: This basic human right is guaranteed to every person by the Constitution. Since the Maneka Gandhi case (1978) and Minerva Mills case, the Rule of Law has been strengthened by encompassing interpretations to provide for even ‘Due Process of Law.’

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Fundamental Rights

• Fundamental Rights: The presence of fundamental rights is a distinguishing feature of modern constitutionalism. Fundamental rights serve as limitations on the power of the government. Judicial interpretation has continuously widened these rights.
• Example: In the Retired Justice Puttaswamy case, the court recognized the Right to Privacy as a fundamental right, further limiting the state in this sphere.

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Separation of Powers and Checks and Balances

• Separation of Powers in India: The framers of the Constitution divided the powers of the government between three organs: the Legislature, the Executive, and the Judiciary, each with its area of responsibility. Each is expected to stay within its jurisdiction.
• Checks and Balances: Based on Madison’s argument that “office should check office,” the system allows for some autonomy while maintaining a balance of authority. The judiciary can review laws passed by the legislature, the legislature can impeach judges, and the executive is responsible to the legislature, ensuring an overall equilibrium.
• State (NCT of Delhi) v. Union of India (2018): Chief Justice Mishra observed, “The essence of constitutionalism is the control of power by its distribution among several state organs or offices in such a way that they are each subjected to reciprocal controls and forced to cooperate in formulating the will of the state.”

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Flexible Constitution and Yet No Change in Basic Structure

• The Indian Constitution: Is not a static document but a dynamic, living one, susceptible to change. It has been amended more than 100 times. Article 368 of the Constitution deals with the process of amendment.
• Amendments Cannot Destroy the Basic Structure: The amendments cannot destroy the basic feature of the Constitution. The most effective way of ensuring constitutionalism in India is through the Basic Structure Doctrine evolved in the Kesavananda Bharti case (1973) and further strengthened by cases like S.R. Bommai.

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A Federal Form of Government

• Federal System in India: The Indian Constitution has adopted a federal set-up where power is divided between the central government and the provinces (State Governments). The Seventh Schedule of the Constitution has three lists that divide power between the Centre and States.

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Independent Judiciary and Judicial Review

• Independent Judiciary: India has a single integrated system of high courts at the state level and a Supreme Court at the apex (the central) level. The Judiciary is independent, free, and fair.
• Judicial Independence: The executive has no role to play in the appointment of judges. Judges serve until a fixed period, and their salaries are charged upon the Consolidated Fund of India.
• Judiciary as Guardian of the Constitution: The judiciary acts as a sentinel of fundamental rights. It can review the acts, laws, and decisions of the legislature and executive and declare them null and void if they violate the spirit of the Constitution.

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A State by the Constitution

• The Indian State: Is a result of the Constitution of India. The Constitution not only provides rights and immunities to citizens but also delineates the character and structure of the Indian State. Therefore, the powers and extent of the Indian State are limited by the Constitution. Its actions are guided by the Directive Principles of State Policy (DPSP). The Indian State cannot function beyond what the Constitution provides.

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Article 21 and Due Process of Law

• Article 21 of the Indian Constitution: Provides that life and liberty cannot be deprived except by a procedure established by law. This means there must be a legal justification for the deprivation of life and liberty of a person. The requirement of law for deprivation acts as a limitation on the arbitrary exercise of power by the legislature as well as the executive.
• Conformity to American Due Process: Such law should not be just a mere prescription; it must conform to American Due Process, which involves the law having the element of fairness.
• In Swaran Singh v. State of U.P. (1998): The court observed that public power, including constitutional power, must never be exercised arbitrarily or malafide, and ordinarily guidelines for fair and equal execution are guarantees of valid use of power. The power, being of the greatest moment, cannot be a law unto itself but must be informed by the finer canons of constitutionalism.

India as a Successful Democracy

• India’s Success as a Democracy: India has been a good example of successful democracy amidst neighboring states in flux. This success is largely due to the strength of constitutionalism, which has allowed the country to overcome threats of emergency, separatism, and other challenges over time.
• Dr. Ambedkar’s Suggestion: To further strengthen constitutionalism in India, Dr. Ambedkar suggested that merely adopting a good constitution is not enough. The values of constitutionalism must permeate civil and political culture. The people holding offices and members of society must embrace constitutional morality, which is essential for inculcating constitutionalism.

Constitutionalism: A Myth in India?

The question of whether constitutionalism is a thriving reality or a myth in India has been subject to debate in recent years.

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Decline of Indian Parliament

• Decline of Parliamentary Functioning: The parliamentary committee system in India seems to be functioning well, but the entire Parliament is not. A glaring weakness of the parliamentary and legislative institutions is the frequent political grandstanding and wastage of precious time. As a result, important policies and budgetary proposals do not receive adequate discussion in Parliament and state assemblies. Political parties are beginning to take notice of this issue.

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Violation of Separation of Powers

• Judicial Activism: In recent years, the Indian judiciary has been criticized for playing an exceedingly activist role and overreaching into areas typically reserved for the executive or legislative branches.
• Examples of Judicial Overreach: The judiciary has delved into administration by staying farm laws or mandating the prohibition of alcohol shops near national highways. Critics argue that separation of powers is only visible between the judiciary and the executive (as mandated by Article 50) but not between the executive and the legislature, as both are often seen as one and the same.

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Violation of Rule of Law

• Mob Lynching, Riots, and Vigilantism: Instances of riots, mob lynching, and rising vigilantism represent significant violations of the rule of law. The Indian state has been criticized for inadequately addressing these issues, leading to further damage to the Indian Constitution.
• Government Performance on Law and Order: The government, both at the central and state levels, has performed inadequately in several areas, including protest movements in Jammu and Kashmir, discontent in Maoist-controlled regions, and increasing urban crimes.
• Threats to Integrity and Stability: These problems threaten the integrity and stability of the nation, but there is hope that astute political and administrative leadership can re-establish constitutional legitimacy, harmony, and trust.

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Emergency as an Attack on Constitutionalism and Judicial Independence

• Emergency of 1975: The Emergency was a direct attack on constitutionalism and fundamental rights. During this period, even the basic right to life was denied, as seen in the ADM Jabalpur case.
• Judicial Independence Undermined: During the Emergency, several judges were superseded, and it was alleged that the judiciary toed the line of the executive, threatening its independence.

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Criticism of Constitutionalism as a Non-Indigenous Concept

• Reflection of Global North Experiences: Critics argue that constitutionalism encompasses a dominant reflection of the experiences of the Global North (i.e., Western countries) and does not reflect the socio-economic realities of India and the Global South. This has led to claims that constitutionalism is inimical to these countries’ experiences and realities.

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Maladministration and Bureaucratic Failures

• State-Level Bureaucracy: The state-level bureaucracy requires greater attention than it currently receives. Issues such as service conditions, training, motivation, and morale are crucial areas that require central and state-level political leadership attention.
• Restoring Ethics in Public Life: Corruption has had a disparaging effect on the performance and image of the government. India’s poor rating on the Transparency International Index reflects the urgent need to restore ethics in public life. A negative public perception of government diminishes its popular legitimacy, reducing citizens’ willingness to cooperate with the system.

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Frequent Use of Ordinances as a Bypass of Checks and Balances

• Bypassing the Legislature: The frequent use of ordinances by the executive is an example of the government bypassing the system of checks and balances. This undermines the spirit of responsible and accountable governance.

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Caste Discrimination as a Roadblock to Constitutional Objectives

• Pervasive Caste Discrimination: Subaltern scholars have consistently addressed the pervasive caste discrimination in Indian society. They argue that caste-based discrimination is a significant roadblock to realizing constitutional objectives.
• Need for Social Emancipation: For constitutionalism to survive and thrive in India, strong unity rooted in social emancipation is essential. The lynching of Dalits and other marginalized communities exemplifies the continued struggle for equality.

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The Use of Money Power in Elections

• Money Power in Elections: The use of money to win elections is no longer a secret in India. The National Election Watch, a coalition of over 1,200 civil society organizations, has analyzed the increasing role of money in elections.

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Criminalization of Politics

• Criminals in Politics: The criminalization of politics refers to individuals with criminal backgrounds contesting and winning elections. In 2009, 30% of elected members of the Lok Sabha had criminal cases against them. This number rose to 34% in 2014 and further increased to an alarming 43% in 2019.
• Top States with Criminal MPs: States such as Uttar Pradesh, Gujarat, and Maharashtra have the highest percentage of MPs accused of criminal offenses. This trend poses a significant challenge to the legitimacy of Indian democracy.

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Limited Civic Participation

• Determinants of Politics: In India, civic participation is still limited by caste, ethnicity, region, and identity. These factors continue to play an important role in determining political outcomes, limiting the broader exercise of constitutional rights.

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Way Forward

To strengthen constitutionalism in India, comprehensive reforms are necessary across the government, judiciary, civil services, and electoral systems. Below are some key recommendations:

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Parliamentary Reforms

• Implement 15-Point Reform Charter: As suggested by the Vice President, the following reforms should be implemented to improve the functioning of Parliament:
  1. Pre- and post-legislative impact assessments for informed law-making.
  2. Longer tenures for department-related standing committees.
  3. Legislation for the reservation of women in legislatures.
  4. A minimum number of sittings per year for Parliament and state legislatures.
  5. Strict adherence to parliamentary rules and responsibilities.
  6. Automatic rules to penalize erring members for disruptions.
  7. A roster system to ensure at least 50% attendance of members in the legislature.
  8. Regular attendance reports from the legislature secretariat.
  9. Opportunities for new entrants and backbenchers to participate in debates.
  10. Evolve political consciousness to reduce criminal backgrounds among candidates.
  11. Review the functioning of the Anti-Defection Law.
  12. Review the functioning of the Whip System.
  13. Establish special courts for criminal complaints against legislators.
  14. Timely and effective action against legislators for unethical conduct.
  15. Build consensus on simultaneous elections to reduce money power in politics.

Judicial Reforms

1. Reforming the Collegium System: The system of judicial appointments through the collegium needs reform to enhance transparency and accountability.
2. Increasing the Number of Judges: There is a need to increase the number of judges to reduce the pendency of cases and ensure faster justice.
3. Implementation of the Gram Nyayalayas Act, 2008: The act provides for the establishment of Gram Nyayalayas to ensure access to justice for people in rural areas. However, its implementation has been slow, and reforms are needed to make these courts functional.
4. All India Judicial Services (AIJS): The introduction of AIJS will ensure merit-based recruitment of judges for the subordinate judiciary, enhancing its quality and efficiency.

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Civil Service Reforms

1. Lateral Entry: The lateral entry of professionals and experts into the civil services at various levels should be encouraged to bring in fresh perspectives and expertise.
2. Accountability: Civil services must be made more accountable through performance evaluations and clear accountability mechanisms.
3. Capacity Building – Mission Karmayogi: The mission aims to enhance the capacity of civil servants through structured training, skill development, and performance-based evaluations.

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Police Reforms

1. Implementation of Supreme Court Directives (Prakash Singh Case, 2006): The Supreme Court issued directives to reform the police system in India, including the establishment of a Police Complaints Authority and the separation of law and order from the investigation. These directives need to be fully implemented to ensure police accountability.

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Electoral Reforms

1. Amendment to the Representation of the People (RP) Act: The RP Act should be amended to debar individuals with serious criminal charges from contesting elections.
2. Voter Awareness Program: A nationwide awareness program should be initiated to educate voters about their right to know the criminal background of candidates.
3. Empowering the Election Commission: The Election Commission of India should be given more power to prevent the criminalization of politics. Political parties that give tickets to candidates with criminal backgrounds should face penalties.

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Governance Reforms

1. Strengthening RTI and Information Commissions: The Right to Information (RTI) Act is a vital tool for transparency and accountability in governance. The Information Commissions must be strengthened to handle appeals and complaints efficiently.
2. Promoting E-Governance: Digital governance initiatives should be promoted to ensure transparency, reduce corruption, and improve public service delivery.
3. Decentralization: Greater decentralization of governance, particularly at the grassroots level, will empower local communities and enhance democratic accountability.

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Conclusion

Strengthening constitutionalism in India requires systemic reforms across various sectors, including Parliament, judiciary, civil services, police, and the electoral process. Civil society must also play a role in reinvigorating efforts to establish a new order with the aim of strengthening constitutionalism in the world’s largest democracy.

India’s constitutionalism has allowed it to overcome challenges such as the Emergency, separatism, and other threats to democracy. However, maintaining and enhancing constitutionalism requires continuous efforts from all stakeholders, including the government, judiciary, civil society, and citizens.

The mere adoption of a good Constitution is not enough; the values of constitutionalism must permeate the political and social culture to ensure that India remains a vibrant democracy that upholds the rule of law, accountability, and respect for individual rights.