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National Commission to Review the Working of the Constitution (NCRWC)
The National Commission to Review the Working of the Constitution (NCRWC) was established by the Government of India in 2000 to evaluate the effectiveness of the Indian Constitution after fifty years of its implementation. Headed by M.N. Venkatachaliah, a former Chief Justice of India, the commission aimed to assess various aspects of governance and recommend necessary changes to improve the constitutional framework.
Terms of Reference
The NCRWC was tasked with the following objectives:
- Examine Constitutional Provisions: The commission was to review how well existing constitutional provisions catered to the needs of efficient governance and socio-economic development in modern India.
- Framework for Recommendations: Recommendations were required to be made within the framework of parliamentary democracy, ensuring that the basic structure or basic features of the Constitution were not compromised.
- Review and Not Rewrite: The commission’s role was explicitly advisory. It was not meant to rewrite the Constitution but to identify areas for improvement based on practical experience.
- Identifying Areas of Study: The commission independently pinpointed eleven areas for detailed study and discussion.
Areas of Study
The commission focused on the following key areas:
1. Strengthening Parliamentary Democracy:
- Evaluating the functioning of legislative, executive, and judicial institutions, their accountability, and exploring ways to enhance political stability within parliamentary democracy.
2. Electoral Reforms:
- Examining the electoral process and suggesting reforms to improve standards in political life.
3. Socio-Economic Change and Development:
- Assessing the pace and fairness of socio-economic development, ensuring equality in the application of social and economic rights.
4. Promotion of Literacy and Employment:
- Focusing on enhancing literacy rates, generating employment opportunities, ensuring social security, and addressing poverty alleviation.
5. Union-State Relations:
- Analyzing the dynamics of the relationship between the central government and state governments.
6. Decentralization and Devolution:
- Advocating for the empowerment and strengthening of Panchayati Rajinstitutions and local self-governance.
7. Enlargement of Fundamental Rights:
- Discussing potential expansions to the Fundamental Rights enshrined in the Constitution.
8. Effectuation of Fundamental Duties:
- Emphasizing the implementation and awareness of the Fundamental Duties outlined in the Constitution.
9. Directive Principles of State Policy:
- Examining how effectively Directive Principles contribute to achieving the objectives set in the Preamble.
10. Financial and Monetary Policies:
- Reviewing legal controls over fiscal and monetary policies and integrating a public audit mechanism.
11. Administrative Standards and Public Life:
- Evaluating the standards of the administrative system and promoting transparency and accountability in public life.
The NCRWC served as a critical platform for reflecting on the functioning of India’s constitutional and democratic frameworks. By addressing various aspects of governance, the commission aimed to suggest reforms to adapt to the changing socio-political landscape of the country. The resulting recommendations, although advisory, have helped shape discussions on constitutional reforms and governance in India since their publication.
Evaluation of the Working of the Constitution (1950-2000)
The National Commission to Review the Working of the Constitution (NCRWC) undertook a comprehensive analysis of the Indian Constitution’s performance over the fifty years since independence. The examination includes identifying achievements, failures, and the effectiveness of the three primary organs of the state: the Legislature, the Executive, and the Judiciary.
Political Accomplishments
1. Stabilization of Democracy:
- India has established a functioning federal polity with regular general elections. The 73rdand 74th Constitutional Amendments expanded democratic representation through local self-government, enhancing the democratic discourse.
2. Improved Representation:
- The educational qualifications and diversity of the Members of Parliament and State Legislatures have improved, allowing for greater representation of historically marginalized groups in politics.
Economic Infrastructure: Impressive Performance
1. Production Expansion:
- There has been a significant growth in agricultural production, with wheat production increasing from 11 million tonnes to 75.6 million tonnesand rice from 35 million tonnes to 89.5 million tonnes between 1960 and 2000.
2. Industrial Growth:
- The index of industrial production rose from 9 in 1950-51 to 154.7 in 1999-2000.
3. Electricity Generation:
- Electricity generation saw a remarkable increase from 1 billion KWH in 1950-51 to 480.7 billion KWH in 1999-2000.
4. GNP Growth:
- The annual growth of Gross National Product (GNP) averaged 6 to 8 percentbetween 1994-2000.
5. Technological Advancements:
- Growth in the IT sector, with revenues increasing from $150 million in 1990 to $4 billion in 1999, showcasing the importance of the technology sector in national economic performance.
Social Infrastructure: Achievements
1. Health Improvements:
- The infant mortality rate halved from 146 to 72 births per 1,000births between 1950 and 1998. Life expectancy increased from 32 years in 1950 to 63 years in 2000.
2. Healthcare Infrastructure:
- By 1995, India established more than 150,000 primary health centers, up from only 725in 1951.
3. Educational Infrastructure:
- The number of primary schools jumped from 210,000 to 590,000between 1951 and 1995.
Political Failures
1. Inept Electoral Process:
- The electoral system has struggled to prevent the entry of criminal elements into politics, undermining the integrity of electoral processes.
2. Exclusionary Democracy:
- Despite stabilizing democratic traditions, India lacks an inclusive representative democracy, with significant underrepresentation of women and marginalized groups.
3. Election Costs and Corruption:
- High electoral costs and corruption significantly impact political processes, detracting from the common good.
4. Criminality in Politics:
- The presence of criminal elements in political parties has severely degenerated public standards and political purity.
5. Lack of Regulation on Political Parties:
- There are no stringent legal mechanisms governing political party conduct, fundraising legitimacy, or inner-party democracy.
6. Fragmentation in National Purpose:
- National political parties are increasingly fragmented in their definition of a “common national purpose,” which has led to opportunistic politics and a degradation of public service values.
7. Unrealized ‘Fraternity’:
- The ideal of brotherhood as enshrined in the Preamble remains unfulfilled; societal divisions are more pronounced than at independence.
8. Ineffective Administrative Systems:
- Corruption and inefficiency have eroded public faith in governance and democratic institutions.
Economic and Social Failures
1. Income Inequality:
- The richest quintile holds 85%of the income, leaving just 5% for the poorest quintile. Economic disparity persists despite growth.
2. Poverty:
- Approximately 260 millionpeople live below the poverty line, indicating continued economic challenges.
3. Healthcare Discrepancies:
- India’s maternal mortality rate was 407 per 100,000 live birthsin 1998, indicating a gap compared to developed nations. Malnutrition levels remain high, particularly among children.
4. Educational Shortcomings:
- A significant portion of children remains unprotected by basic immunization, with alarming figures in states like Bihar and Rajasthan.
5. Failure in Promised Reforms:
- Promises of social revolution, particularly for marginalized communities, have not been
The National Commission to Review the Working of the Constitution (NCRWC) presented a comprehensive analysis covering the performance of the Constitution from 1950 to 2000. It highlighted both achievements and failures, focusing on distinct areas of concern affecting Indian governance and democracy.
Key Areas of Concern
1. Loss of Faith in Governance:
- There is a perceived breach of constitutional faith by governments, primarily manifested through neglect of the people, who are the ultimate source of political authority. This neglect has led to decreased public trust in government institutions.
2. Inability to Adapt:
- The Indian state struggles to anticipate and respond to significant global changes, particularly in light of rapid scientific and technological advancements.
3. Rising Economic Costs:
- The increasing costs of governance and alarming fiscal deficits are highlighted as pressing issues. The revenue deficit surged from ₹2 crores in 1947 to approximately ₹1,16,000 crores by 2001.
4. Political Climate and Corruption:
- There is a pervasive political climate characterized by corruption, criminalization in politics, and a nexus between politicians and criminals, undermining democratic processes and accountability.
5. Inadequate Attention to National Integrity:
- Issues related to national integrity and security are not adequately addressed. There is a lack of effective mechanisms to assess potential unrest or emergencies and respond appropriately.
6. Democracy and Representation:
- Despite some progress, the democratic institutions are not fully representative. The 13th Lok Sabharepresented only 9% of the electorate, and significant sections of society, particularly women, are underrepresented in public life.
7. Political Instability:
- The increase in opportunistic politics and unprincipled defections has contributed to government instability, leading to high economic and administrative costs. The period post-1989 saw frequent elections with severe implications for governance.
8. Economic Disparity:
- The gap between rich and poor is stark, with the top quintile controlling 85%of the nation’s wealth while the bottom quintile holds a mere 5%. The persistence of poverty, with 260 million people below the poverty line, is alarming.
9. Healthcare and Education Failures:
- Child and maternal health indicators remain troubling, with significant numbers of malnourished children and high maternal mortality rates. Educational infrastructure also requires considerable improvements.
10. Administrative Inefficiencies:
- Corruption, inefficiency, and a lack of accountability in administration have led to a decline in public trust and a reliance on extralegal systems.
11. Gender Inequality:
- Disparities in life expectancy and representation for women reflect systemic inequalities. Women’s representation in public services and politics remains significantly low.
12. Judicial System Challenges:
- The judicial system faces delays and inefficiencies, driving citizens towards extralegal means for justice. Issues of victim protection and effective legal representation are highlighted as significant concerns.
13. Increasing Communal and Social Divisions:
- Communal riots and social unrest are seen as symptoms of deeper societal fractures that cannot be addressed merely as law-and-order issues. There is an urgent need for comprehensive legal and administrative measures to foster social harmony.
14. Insufficient Social Infrastructure:
- With a large child population, the inadequacy of educational and healthcare arrangements is alarming. Most education budgets are consumed by salaries, leaving little for actual educational improvements.
15. Public Health Concerns:
- The rising rates of infectious diseases in India indicate that public health has not been prioritized sufficiently, posing ongoing risks to community health and well-being.
The evaluation of the Constitution’s working indicates that while there have been notable achievements in establishing democracy and facilitating development, significant challenges remain. The NCRWC’s assessment calls for a concerted effort to address these issues through comprehensive reforms, increased accountability, and enhanced civic engagement in the political process. Ensuring that the constitutional ideals of dignity, equality, and socio-economic welfare are realized requires addressing the underlying causes of systemic inefficiencies and societal divisions.
