NCRWC: India's Constitutional Self-Assessment

Examining the Efficacy of India's Constitution for the 21st Century

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Introduction & Overview

The National Commission to Review the Working of the Constitution (NCRWC), often referred to as the Venkatachaliah Commission, was a significant initiative undertaken by the Government of India to examine the efficacy of the Constitution in its first fifty years of operation.

Appointed in 2000 and submitting its report in 2002, the Commission was tasked with recommending changes, without altering the Basic Structure, to enable the Constitution to better meet the challenges of the 21st century. Its comprehensive recommendations spanned various aspects of governance, from fundamental rights and electoral reforms to Centre-State relations and the judiciary, profoundly influencing subsequent policy debates and serving as a blueprint for constitutional and administrative reforms.

25.1.1: Appointment and Mandate

Appointment & Leadership

  • Appointment: The National Commission to Review the Working of the Constitution (NCRWC) was appointed by a Government of India Resolution in February 2000.
  • Chairman: It was headed by Justice M.N. Venkatachaliah, a former Chief Justice of India, and comprised 11 members.

(Source: Government of India Resolution, 2000)

Core Mandate

  • Examine the working of the Constitution in the last 50 years (since its commencement in 1950).
  • Recommend changes (without interfering with the Basic Structure of the Constitution) necessary to enable it to respond effectively to the challenges of the 21st century, particularly in achieving the goals of socio-economic justice, efficiency of institutions, and good governance.

(Source: NCRWC Report, 2002; Laxmikanth, Indian Polity)

Report Submission: The Commission submitted its voluminous report in March 2002.

25.1.2: Key Areas of Review

The NCRWC's review was comprehensive, covering almost every major aspect of the Constitution and its practical application:

Fundamental Rights

Examination of their enforceability, expansion, and contemporary relevance.

Directive Principles of State Policy (DPSPs)

How far they have been realized and their relationship with Fundamental Rights.

Fundamental Duties

Their operationalization and significance for citizens.

Electoral Processes

Reforms needed to ensure free and fair elections, and to address issues like criminalization and money power.

Parliamentary System

Functioning of Parliament, issues of stability, accountability, and inner-party democracy.

Centre-State Relations

Review of legislative, administrative, and financial relations, and the role of the Governor.

Judiciary

Issues related to judicial appointments, backlog of cases, judicial accountability, and access to justice.

Socio-Economic Change

How the Constitution has facilitated or hindered socio-economic development and justice.

Local Self-Governments

Strengthening Panchayati Raj Institutions and Urban Local Bodies.

(Source: NCRWC Report, 2002 - Table of Contents)

25.1.3: Major Recommendations (Illustrative)

The Commission made hundreds of recommendations. Here are some of the most significant and often-cited ones:

Fundamental Rights

  • Addition of new rights: Recommended making the Right to Education a Fundamental Right (for children up to 14 years) – later implemented by 86th Amendment, 2002.
  • Recommended a separate Right to Information (later implemented by RTI Act, 2005).
  • Suggested that the Right to Privacy be specifically included as a Fundamental Right.
  • Effective enforcement of Fundamental Rights.

Fundamental Duties

  • Emphasized the need for a comprehensive legal framework and public awareness for the operationalization and enforcement of Fundamental Duties.

Electoral Reforms

  • Negative Voting (Right to Reject): Recommended introduction of a 'None of the Above' (NOTA) option – later implemented by ECI in 2013.
  • Disqualification for Charge-sheeted Individuals: Suggested barring individuals against whom charges have been framed by a court for heinous crimes from contesting elections.
  • Audit of Party Accounts: Mandatory audit of political party accounts by independent auditors and making them public.
  • Regulation of Coalitions: Suggested strengthening the legal framework for recognition and regulation of pre-poll and post-poll alliances.
  • State Funding of Elections: Recommended partial state funding of elections for recognized political parties to curb money power.

Parliamentary System

  • Fixed Term for Lok Sabha: Recommended a fixed term for the Lok Sabha, with premature dissolution only through a 'constructive vote of no-confidence' (where the opposition proposes an alternative leader while moving a no-confidence motion).
  • Review of Anti-Defection Law: Suggested limiting disqualification under Anti-Defection Law only to situations of voluntary giving up of party membership or voting against whip on confidence motions/Money Bills.
  • Inner-Party Democracy: Recommended legal framework to ensure internal democracy within political parties.

Centre-State Relations

  • Re-look at Governor's Role: Emphasized strict adherence to the recommendations of the Sarkaria Commission regarding Governor's appointment and removal, ensuring impartiality.
  • Inter-State Council Strengthening: Recommended making the Inter-State Council a more active and effective forum for Union-State consultation.
  • Financial Devolution: Suggested greater financial autonomy and devolution of powers to states.
  • Article 356 (President's Rule): Recommended strict adherence to the guidelines laid down by the Supreme Court in S.R. Bommai v. Union of India (1994) for imposing President's Rule.

Judiciary

  • National Judicial Commission (NJC): Recommended establishing a National Judicial Commission for the appointment and transfer of Supreme Court and High Court judges (later implemented for a brief period as NJAC, which was struck down by SC).
  • Increasing Retirement Age of Judges: Recommended increasing the retirement age of High Court judges to 65 and Supreme Court judges to 68.
  • More Benches of SC: Suggested establishing more benches of the Supreme Court in different regions of the country.

(Source: NCRWC Report, 2002 (Executive Summary); Law Commission Reports; ADR Reports)

25.1.4: Impact of Recommendations

Some Implemented

  • Right to Education as FR: Implemented by 86th Amendment, 2002 (came into force 2010).
  • Right to Information Act, 2005: Implemented in 2005.
  • NOTA Option: Implemented by ECI in 2013.
  • Declaration of Criminal Antecedents: Mandated by SC directives.
  • Limited Ministerial Size (91st Amendment, 2003): Though NCRWC did not directly recommend it, its spirit (curbing defections for ministerial berths) was reflected.

Many Still under Debate or Not Acted Upon

  • Major electoral reforms like state funding of elections, debarring charge-sheeted individuals from contesting.
  • Fixed term for Lok Sabha, constructive vote of no-confidence.
  • National Judicial Commission (NJC/NJAC) - though briefly implemented, was struck down by SC.
  • Most recommendations regarding Governor's role and Article 356.
  • Comprehensive operationalization of Fundamental Duties.

Overall Impact: Even where not directly implemented, the NCRWC's recommendations have served as a significant reference point and blueprint for subsequent policy debates, legislative discussions, and judicial pronouncements on constitutional and administrative reforms. They continue to shape the reform agenda in Indian polity.

(Source: Government documents, Parliamentary Debates, Academic Analyses of NCRWC's legacy)

Conclusion & Significance

The National Commission to Review the Working of the Constitution (NCRWC) was a landmark exercise in constitutional self-assessment. Its comprehensive report, under Justice M.N. Venkatachaliah, provided invaluable insights and a forward-looking agenda for reforms in India's governance.

While direct implementation has been partial, the NCRWC's recommendations have undeniably shaped the discourse on good governance, electoral reforms, and the functioning of democratic institutions. It remains a crucial reference document for academics, policymakers, and civil society, continuing to influence the ongoing efforts to make the Constitution more responsive, efficient, and attuned to the contemporary challenges of the world's largest democracy.

Prelims-ready Notes

  • Appointed: GoI Resolution, Feb 2000.
  • Chairman: Justice M.N. Venkatachaliah (former CJI).
  • Report Submitted: March 2002.
  • Mandate: Examine working of Constitution for 50 years, recommend changes without interfering with Basic Structure.
  • Key Review Areas: FRs, DPSPs, FD, Elections, Parliament, Centre-State, Judiciary, Socio-Economic change.
  • Major Recommendations (Illustrative):
    • FRs: Right to Education as FR (implemented by 86th Amd), Right to Information (implemented by RTI Act 2005), Right to Privacy (proposed).
    • FD: Operationalization emphasized.
    • Electoral: Negative voting (NOTA implemented), disqualification for charge-sheeted (pending), audit of party accounts (pending), state funding (pending).
    • Parliament: Fixed term for LS, constructive no-confidence (pending).
    • Centre-State: Governor's role, Inter-State Council.
    • Judiciary: National Judicial Commission (NJC/NJAC - implemented & struck down), increase retirement age (pending), more SC benches (pending).
  • Impact: Some implemented, many continue to be debated. Blueprint for reforms.

Mains-ready Analytical Notes

Major Debates/Discussions

  • Reforms vs. Political Will: The NCRWC report highlighted numerous areas where constitutional and administrative reforms were needed. The fact that many key recommendations remain unimplemented underscores the lack of sustained political will and the difficulty in achieving multi-party consensus on sensitive issues like electoral funding, criminalization, or judicial appointments.
  • Basic Structure Constraint: The NCRWC's mandate explicitly stated "without interfering with the Basic Structure." This highlights the importance and pervasive influence of the Basic Structure doctrine as a limitation on constitutional reform, even by a high-powered commission.
  • Judicial Overreach (or Lack of): Recommendations like the National Judicial Commission (NJC/NJAC) indicate a convergence between the Commission's vision and later legislative attempts. However, the eventual striking down of NJAC by the SC reinforces the judiciary's role as the final interpreter of the Basic Structure.
  • Relevance of Recommendations: Despite two decades since its report, many of NCRWC's recommendations remain highly relevant and are frequently cited in contemporary debates on governance, electoral reforms, and judicial appointments, demonstrating the enduring nature of the identified challenges.

Historical/Long-term Trends, Continuity & Changes

  • Periodic Review: The NCRWC represents India's periodic attempts at constitutional self-assessment (similar to earlier Administrative Reforms Commissions).
  • Continuity of Challenges: Many issues identified by NCRWC (e.g., criminalization of politics, money power, judicial delays) continue to plague the Indian polity, indicating deep-seated structural and behavioral problems.
  • Influence on Legislation and Judiciary: Despite not being directly implemented, the NCRWC's recommendations have subtly influenced the legislative agenda (e.g., RTI Act, 91st Amendment) and judicial pronouncements (e.g., on disclosure of criminal antecedents, NJAC debate).

Contemporary Relevance/Significance/Impact

  • Electoral Reforms: The NCRWC report serves as a major reference point for debates on various electoral reforms, including state funding of elections, debarring criminals, and the efficiency of the Anti-Defection Law. The recent Supreme Court judgment on Electoral Bonds and the Kovind Committee report on simultaneous elections reflect the continuity of concerns raised by NCRWC.
  • Judicial Reforms: Recommendations on NJC, increasing retirement age, and reducing judicial pendency continue to be debated in policy circles.
  • Good Governance Agenda: The emphasis on transparency, accountability, and efficiency in the NCRWC report aligns with the broader good governance agenda pursued by successive governments.
  • Civil Services: Recommendations on strengthening civil services and accountability mechanisms are relevant to ongoing reforms like Mission Karmayogi.

Current Affairs and Recent Developments (Last 1 Year)

  • Electoral Bonds Verdict (Feb 2024): The Supreme Court striking down Electoral Bonds aligns with the spirit of NCRWC's recommendation for transparent political funding and audit of party accounts.
  • Kovind Committee on Simultaneous Elections (March 2024 Report): The High-Level Committee's recommendations on 'One Nation, One Election' echo NCRWC's broad discussions on electoral reforms, government stability, and fixed terms for legislatures, albeit with a different focus.
  • Appointment of Election Commissioners Act, 2023: While NCRWC recommended NJC for judicial appointments, and a broader collegium for ECs was upheld by SC in 2023, the new law changed the selection committee. This highlights the continuous evolution and debate over institutional independence.
  • Sub-categorization of OBCs (Justice Rohini Commission): While NCRWC did not specifically detail this, its broader concern for equitable distribution of benefits among backward classes (in Fundamental Rights section) is relevant. The Rohini Commission's work addresses intra-group disparities.
  • Disqualification of Legislators: Ongoing cases of disqualification under the Anti-Defection Law often bring to light the NCRWC's recommendations on strengthening the law and defining roles.

(Source: The Hindu, Live Law, PIB, Parliamentary Committee Reports)

UPSC Previous Year Questions (PYQs)

Prelims MCQs

1. UPSC Prelims 2013: The 'National Commission to Review the Working of the Constitution' was constituted in the year:

  • (a) 1999
  • (b) 2000
  • (c) 2001
  • (d) 2002
Answer: (b)

Hint: It was appointed in February 2000.

2. UPSC Prelims 2018: Which of the following recommendations were made by the National Commission to Review the Working of the Constitution (NCRWC)?

  1. Introduction of 'None of the Above' (NOTA) option in elections.
  2. Making the Right to Information a Fundamental Right.
  3. Increasing the retirement age of High Court judges to 65 years.

Select the correct code:

  • (a) 1 only
  • (b) 1 and 2 only
  • (c) 2 and 3 only
  • (d) 1, 2 and 3
Answer: (d)

Hint: All three were major recommendations. NOTA was implemented, RTI became a legal right (not FR, as specified by NCRWC but implemented as legal), and increasing retirement age is pending.

3. UPSC Prelims 2020: With reference to the National Commission to Review the Working of the Constitution (NCRWC), consider the following statements:

  1. It was a statutory body appointed by an Act of Parliament.
  2. It recommended the appointment of a National Judicial Commission for the appointment of judges.

Which of the statements given above is/are correct?

  • (a) 1 only
  • (b) 2 only
  • (c) Both 1 and 2
  • (d) Neither 1 nor 2
Answer: (b)

Hint: Statement 1 is incorrect; it was appointed by a Government of India Resolution, not an Act of Parliament. Statement 2 is correct.

Mains Questions

1. UPSC Mains 2019 (GS Paper II): The National Commission to Review the Working of the Constitution (NCRWC) made several recommendations for electoral reforms. Discuss these recommendations and analyze how far they have been implemented and what challenges remain. (15 marks)

Direction:
  • Introduction: Briefly introduce NCRWC (Justice Venkatachaliah, 2000-02) and its mandate for electoral reforms.
  • Key Recommendations (Electoral): Negative Voting (NOTA), Disqualification of Charge-sheeted, Audit of Party Accounts/Transparency, State Funding, Regulation of Coalitions, Anti-Defection Law review.
  • Extent of Implementation: Categorize recommendations into implemented, partially implemented, and pending.
  • Challenges Remaining: Lack of political will, non-statutory status of certain reforms (MCC), complex issues like criminalization, money power.
  • Conclusion: Conclude that while NCRWC provided a blueprint, political consensus and robust legislation are needed for comprehensive implementation.

2. UPSC Mains 2021 (GS Paper II): "The working of the Indian Constitution has seen both achievements and challenges in its pursuit of socio-economic justice over the last seven decades." Discuss this statement with reference to the recommendations of the National Commission to Review the Working of the Constitution (NCRWC). (15 marks)

Direction:
  • Introduction: Briefly state the Constitution's aim for socio-economic justice and NCRWC's role.
  • Achievements (of Constitution/Govt in pursuit of justice, often linked to NCRWC recognition): Land reforms, Reservation policies, Education (Right to Education as FR, as recommended by NCRWC), RTI (as recommended by NCRWC), Welfare schemes.
  • Challenges (faced by Constitution/Govt in pursuit of justice, highlighted by NCRWC): Poverty, inequality, regional imbalances, Corruption, Criminalization of politics, money power, Judicial delays, access to justice, Implementation gaps, Ineffective operationalization of FDs.
  • Conclusion: Conclude that NCRWC provided a critical assessment, highlighting both successes and persistent gaps. Its recommendations offer a roadmap for continuous efforts towards achieving socio-economic justice.

3. UPSC Mains 2023 (GS Paper II): The National Commission to Review the Working of the Constitution (NCRWC) was constituted to provide a holistic assessment of the Constitution's functioning. Discuss its mandate and major recommendations regarding the Parliamentary System and Centre-State Relations. (10 marks)

Direction:
  • Introduction: Briefly introduce NCRWC (Justice Venkatachaliah, 2000-02) and its mandate.
  • Mandate: Examine 50 years of working, recommend changes without altering Basic Structure.
  • Major Recommendations - Parliamentary System: Fixed term for Lok Sabha (constructive vote of no-confidence), Limiting ministerial size, Inner-party democracy, Review of Anti-Defection Law.
  • Major Recommendations - Centre-State Relations: Governor's role, Strengthening Inter-State Council, Greater financial devolution, Strict use of Article 356.
  • Conclusion: Conclude that NCRWC provided significant insights and recommendations for strengthening both the parliamentary system and Centre-State relations, many of which remain relevant for ongoing governance reforms.

Trend Analysis (Last 10 years)

Prelims

  • Consistent Factuals: Questions consistently test the year of appointment (2000), Chairman (Justice M.N. Venkatachaliah), and report submission (2002).
  • Key Recommendations: Specific major recommendations are often tested (e.g., NOTA, Right to Education as FR, NJC, disqualification for charge-sheeted).
  • Nature of Appointment: Whether it was statutory or by resolution.
  • The trend is factual, requiring precise knowledge of the Commission's details and its significant recommendations.

Mains

  • Analytical Focus: Questions revolve around the impact and relevance of the NCRWC's recommendations, particularly in areas like electoral reforms, judicial reforms, parliamentary system, and Centre-State relations.
  • Implementation Status: A common analytical point is to discuss how far the recommendations have been implemented and the reasons for pending reforms.
  • Blueprint for Reforms: The NCRWC is often presented as a foundational document for subsequent governance debates.
  • The trend demands a nuanced understanding of the Commission's legacy as a significant effort in constitutional self-assessment.

Original Practice Questions

Original MCQs for Prelims

1. The National Commission to Review the Working of the Constitution (NCRWC) was set up with a mandate to:

  1. Propose amendments to the Basic Structure of the Constitution.
  2. Examine the working of the Constitution over its initial 50 years.
  3. Recommend reforms in electoral processes and Centre-State relations.

Select the correct code:

  • (a) 1 and 2 only
  • (b) 2 and 3 only
  • (c) 1 and 3 only
  • (d) 1, 2 and 3
Answer: (b)

Explanation: Statement 1 is incorrect; its mandate was specifically without interfering with the Basic Structure. Statements 2 and 3 are correct.

2. Which of the following recommendations made by the NCRWC has been fully implemented through a Constitutional Amendment?

  • (a) Introduction of the 'None of the Above' (NOTA) option in elections.
  • (b) Making the Right to Education a Fundamental Right for children up to 14 years.
  • (c) Establishment of a National Judicial Commission for judicial appointments.
  • (d) Disqualification of individuals against whom charges have been framed for heinous crimes.
Answer: (b)

Explanation: NOTA was implemented by ECI (not a CA). NJC/NJAC was implemented by CA but struck down by SC. Disqualification for charge-sheeted is pending legislation. Right to Education was made an FR by the 86th Amendment.

Original Descriptive Questions for Mains

1. "The National Commission to Review the Working of the Constitution (NCRWC) served as a comprehensive blueprint for India's governance reforms, even though many of its significant recommendations remain unimplemented." Critically analyze the mandate and key recommendations of the NCRWC concerning Fundamental Rights and Fundamental Duties, and discuss the challenges in their operationalization. (15 marks)

Key Points/Structure:
  • Introduction: Briefly introduce NCRWC (Justice Venkatachaliah) and its role as a blueprint.
  • Mandate: Examine Constitution's working, recommend changes without interfering with Basic Structure.
  • Recommendations - Fundamental Rights: Addition of New Rights (Right to Education as FR, Right to Information, Right to Privacy), Effective Enforcement.
  • Recommendations - Fundamental Duties: Emphasized operationalization and enforcement through legal framework and public awareness.
  • Challenges in Operationalization: Political Will, Resource Constraints, Awareness, Judicial Intervention vs. Legislative Action, Behavioral Change.
  • Conclusion: Conclude that NCRWC's vision for FRs and FDs was progressive, but realizing it fully requires a combination of robust legal frameworks, strong political commitment, and sustained societal transformation.

2. Examine the reasons behind the partial implementation of the recommendations of the National Commission to Review the Working of the Constitution (NCRWC) related to judicial and electoral reforms. What is the contemporary relevance of these unimplemented recommendations in strengthening India's democratic institutions? (15 marks)

Key Points/Structure:
  • Introduction: Briefly state NCRWC's mandate and its valuable recommendations.
  • Reasons for Partial Implementation: Lack of Political Consensus, Political Expediency, Constitutional Hurdles, Executive-Judiciary Tensions, Resource Constraints, Complexity.
  • Unimplemented Recommendations (Contemporary Relevance): Judicial (National Judicial Commission, increasing retirement age, more SC benches), Electoral (Disqualification of charge-sheeted individuals, state funding, audit of party accounts).
  • Strengthening Democratic Institutions: These unimplemented reforms are crucial for enhancing public trust, improving governance quality, and reducing corruption in politics and administration.
  • Conclusion: Conclude that despite partial implementation, the NCRWC's recommendations remain a vital reform agenda. Their contemporary relevance is high, and achieving them would significantly strengthen the pillars of Indian democracy.