An examination of the facets concerning Union-State relations conducted by commissions on Centre-State relations aims to address the social, economic, and political changes that have given rise to new trends, tensions, and issues impacting these relations. Additionally, there is a compelling need for a robust democratic debate on the Indian Constitution.
Recognizing this need, the Union Government, in 2000, passed a resolution to establish a National Commission tasked with reviewing the functioning of the Constitution. The establishment of this commission indicates that, after many years of the Constitution’s operation, the time is ripe for restructuring it to align with the evolving needs of a welfare state. The Indian Constitution has remained relevant since its inception due to its flexibility and provisions allowing necessary amendments.
This justification is sound because the Constitution serves as a guideline for governing the country, necessitating adaptation to address changing circumstances and refining its features to suit the complexities of administration. The escalating corruption in administration, driven by the criminalization of political practices and a lack of transparency in electoral matters in the world’s largest democracy, underscores the urgency for reform. The absence of legal frameworks regulating political party conduct, fundraising legitimacy, audit requirements, and inner-party democracy compounds these challenges.
Moreover, economic failures, symbolized by over 260 million people living below the poverty line, point to administrative inefficiency and unaccountability. The misuse of constitutional protections, such as Article 311, by dishonest officials has impeded the smooth functioning of the administrative system. Additionally, the judiciary faces criticism for delays in both civil and criminal trials. While these are just a few inadequacies, they have significantly undermined the unity and integrity of the Indian nation. These issues provide ample justification for a comprehensive review of the Indian Constitution.
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