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Why India Needs a New Constitutional Order?

New Constitutional Order

Challenges faced by the Indian Constitution

The United States has made a relatively small number of 27 amendments to its constitution, while India has seen a remarkable 105 amendments in just the past 72 years. In India, it’s common to observe people engaging in public discourse, advocating for the creation or removal of laws.

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Power within a government is not evenly distributed among its different parts, such as the executive, legislature, and judiciary.

  • The judiciary wields significant authority by having the ability to strike down laws, even if they do not explicitly violate the constitution.
  • The executive holds a substantial degree of control over the legislature, primarily through anti-defection laws.
  • The central government enjoys considerable economic influence in comparison to individual states, just as states exert more significant authority than local governing bodies.

What is the Impact of this Imbalance?

Due to certain imbalances in the system, each branch of government can influence the functioning of the others. The judiciary holds the authority to appoint judges, but after the Supreme Court’s decision to overturn the National Judicial Appointments Commission (NJAC), the executive has gained the ability to delay these appointments. While the judiciary can also create laws under Article 142, it requires the support of the state to enforce them effectively. Similarly, the legislature has the power to pass laws, but it may struggle to implement them when faced with significant social pressure or public protests. There have been instances where even the highest court has faced challenges in resolving critical constitutional cases, ranging from the Sabarimala review to issues like Article 370 and the Citizenship Amendment Act (CAA).

How can we address these challenges?

  • Eliminate the Concurrent List and transfer these powers to individual states. This will enhance local autonomy and decision-making.
  • Introduce a separate Third List specifically for local bodies, ensuring that they have their own distinct authority, independent from state bodies.
  • Reassess the distribution of power between the states and the judiciary to achieve a more balanced system.
  • Divide the higher judiciary into two distinct entities: Courts of Appeal and a Constitutional Court. Restrict the authority to adjudicate on Public Interest Litigations (PILs) to the Constitutional Courts and exercise this power judiciously.

Therefore, it is imperative for India to move away from fragmented approaches and establish a holistic committee tasked with undertaking a thorough overhaul of the constitution.

Read Also: Rights Vs Duties

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