NATIONAL COMMISSION TO REVIEW THE WORKING OF THE CONSTITUTION (NCRWC)
Polity
INTRODUCTION
• The National Commission to Review the Working of the Constitution (NCRWC) was established in 2000 under the chairmanship of Justice M.N. Venkatachaliah.
• Its purpose was to examine how the Constitution had worked over 50 years and recommend necessary reforms to strengthen democracy, governance, rights, and justice.
• The Commission’s report is highly significant for OPSC Mains, especially Polity, Governance, Constitution, and Public Administration.
ACHIEVEMENTS OF THE CONSTITUTION (AS ASSESSED BY NCRWC)
1. POLITICAL ACCOMPLISHMENTS
• India has developed a stable democratic, federal polity.
• The 73rd and 74th Constitutional Amendments strengthened grassroots democracy.
• Educational qualifications and awareness of legislators improved.
• Peaceful transitions of power reaffirmed democratic continuity.
2. ECONOMIC INFRASTRUCTURE – IMPRESSIVE PERFORMANCE
• Expansion of industries, banking, telecommunications, and transport.
• India emerged as a growing economy with strengthening macroeconomic fundamentals.
3. SOCIAL INFRASTRUCTURE
• Infant mortality rate halved.
• Life expectancy significantly improved.
• Expansion of public health services.
• Massive growth in primary schools and literacy.
4. FAILURES IDENTIFIED
• Political failures (corruption, instability, criminalisation of politics).
• Economic failures (regional imbalances, poverty).
• Social failures (caste discrimination, communal tensions).
• Gender justice failures (low women participation).
• Judicial failures (delays, pendency).
---------------------------------------------------
KEY RECOMMENDATIONS OF NCRWC:
---------------------------------------------------
I. RECOMMENDATIONS ON FUNDAMENTAL RIGHTS
1. Expand prohibition of discrimination (Art. 15 & 16)
• Include: “ethnic or social origin, political or other opinion, property or birth.”
2. Expand freedom of speech (Art. 19)
• Explicitly include:
– Freedom of press and media
– Freedom to hold opinions
– Right to seek and impart information
3. NEW FUNDAMENTAL RIGHTS PROPOSED
• Right against torture, cruelty, inhuman treatment.
• Right to compensation for illegal deprivation of life or liberty.
• Right to leave and re-enter India.
• Right to privacy & family life.
• Right to rural wage employment (minimum 80 days).
• Right to speedy justice & access to courts.
• Right to equal justice and free legal aid.
• Rights of children to care, protection, assistance.
• Right to clean drinking water, ecological protection, sustainable development.
4. Right to Education (Art. 21-A)
• Free education for:
– All children up to 14 years.
– Girls, SC/ST children up to 18 years.
5. Preventive Detention (Art. 22)
• Maximum period: 6 months.
• Advisory Board: serving High Court judges.
6. Religious Classification (Art. 25)
• Treat Sikhism, Jainism, Buddhism as separate religions.
7. Ninth Schedule Review
• Protection under Article 31-B limited only to:
– Agrarian reforms
– Reservation laws
– Laws under Article 39(b) and (c)
8. Non-suspension of certain rights during Emergency
• Articles 17, 23, 24, 25, 32 along with 20, 21 cannot be suspended.
II. RIGHT TO PROPERTY (Article 300A)
Should be recast to ensure:
• Acquisition only by law and for public purpose.
• No arbitrary deprivation.
• Protection of SC/ST lands by requiring:
– Rehabilitation before acquisition.
III. DIRECTIVE PRINCIPLES OF STATE POLICY (DPSPs)
Key reforms:
• Rename Part IV as “Directive Principles of State Policy and Action”.
• Add new DPSPs:
– Population control.
– Setting up National Education Commission every five years.
– Establish Inter-Faith Commission.
• Establish high-level body to monitor implementation of DPSPs.
• Strategic plan for large-scale employment.
• Implement National Statistical Commission (2001) recommendations.
IV. FUNDAMENTAL DUTIES
• Popularize Fundamental Duties—through education, public campaigns.
• Implement Justice Verma Committee recommendations.
• Add new duties:
– Duty to vote and participate in democracy; duty to pay taxes.
– Duty to promote family values & responsible parenthood.
– Duty of industries to educate employees’ children.
V. PARLIAMENT AND STATE LEGISLATURES
Major recommendations:
• Define legislative privileges.
• Clarify parliamentary immunity does NOT apply to corrupt acts.
• Continue domicile requirement for Rajya Sabha candidates.
• Discontinue MPLADS.
• Empower ECI to determine “offices of profit”.
• Create:
– Standing Committee on National Economy.
– Standing Constitution Committee.
– Legislation Committee.
• Parliament minimum sitting days:
– Lok Sabha: 120 days
– Rajya Sabha: 100 days
• State Legislatures:
– <70 members: at least 50 sitting days
– Others: 90 days
VI. EXECUTIVE AND ADMINISTRATION
Key proposals:
• In hung Parliament → Lok Sabha elects Prime Minister.
• Constructive vote of no confidence:
– Motion must propose alternative PM.
• No-confidence notice needs support of 20% of members.
• Ministerial ceiling: Max 10% of House strength.
• Limit political posts with ministerial perks to 2%.
• Establish Lokpal (PM excluded) and Lokayuktas.
• Permit lateral entry to senior bureaucratic posts.
• Amend Article 311 to penalise dishonest officers & protect honest ones.
• Create autonomous Civil Service Boards.
• Mandatory oath of transparency for officials.
• Enact whistle-blower law.
• Forfeit benami properties of corrupt public servants.
VII. CENTRE–STATE RELATIONS
Highlights:
• Inter-State Council should have clearly defined mandate.
• Disaster management included in Concurrent List.
• Set up Inter-State Trade & Commerce Commission.
• Governor appointment only after consulting CM.
• Article 356 retained but used sparingly.
• Confidence of House must be tested only on floor.
• Prohibit premature dissolution of Assembly before Parliamentary approval.
• Speedy disposal of inter-state water disputes by SC benches.
• Replace River Boards Act, 1956.
VIII. JUDICIARY
Major reforms:
• Establish National Judicial Commission (NJC) for judicial appointments.
• Retirement age:
– HC Judges: 65
– SC Judges: 68
• Only SC and HCs can declare laws unconstitutional.
• Courts must deliver judgments within 90 days.
• No case pending for more than one year.
• Introduce plea bargaining.
• Two-tier subordinate judiciary.
• Establish National Judicial Council for planning & budgeting.
IX. SOCIO-ECONOMIC DEVELOPMENT
• Increase SC/ST/BC representation in judiciary.
• Expand social/welfare institutions for weaker sections.
• Create residential schools for marginalized communities.
• Strengthen protective laws—PoA Act, PCR Act.
• Strict enforcement against manual scavenging.
• Improve minority education and representation.
• Establish National Authority for Rehabilitation of Bonded Labour.
• Strong action for women’s development, empowerment and safety.
X. DECENTRALISATION (PANCHAYATS & MUNICIPALITIES)
Key reforms:
• Create distinct fiscal domain for local bodies—amend 11th and 12th Schedules.
• Establish State Panchayat Council chaired by CM.
• Recognize Panchayats/Municipalities as genuine institutions of self-government.
• ECI should supervise State Election Commissions.
• Empower CAG to audit all local bodies.
• Delimitation, reservation, rotation → done by independent Delimitation Commission.
XI. SPECIAL RECOMMENDATIONS FOR NORTH-EAST INDIA
• Extend 73rd & 74th Amendments to NE states with safeguards.
• Empower Autonomous District Councils (ADCs).
• Replace Naga Councils with elected bodies.
• Extend Sixth Schedule to Bodoland and hill districts of Manipur.
• Create National Immigration Council.
• Establish village governance tiers in Meghalaya.
• Introduce intermediary elected tiers in non-Sixth Schedule areas.
XII. ELECTORAL REFORMS
Major proposals:
• Disqualify any person charged with offences punishable up to 5 years.
• Permanently bar persons convicted of heinous crimes.
• Special courts for criminal cases against politicians.
• Reform election petition system—special benches.
• Defer state funding of elections until political party regulation is strengthened.
• Candidates cannot contest from more than one constituency.
• Model Code of Conduct should have statutory backing.
• Consider 50%+1 vote system instead of FPTP.
• Debar independent candidates losing 3 consecutive elections.
• Increase minimum vote threshold for deposit retention to 25%.
• Re-examine eligibility of non–Indian born persons for high offices.
• Appointment of CEC/ECs by a broad-based committee.
XIII. POLITICAL PARTIES – REGULATION
Recommended comprehensive law to ensure:
• Internal democracy & openness to all citizens.
• Mandatory maintenance of audited accounts.
• Candidate declaration of assets/liabilities.
• No ticket to candidates with criminal convictions.
• Derecognition of non-compliant parties.
• Transparent political funding:
– Higher cap on corporate donations.
– Tax exemptions for small donations.
– Strict reporting and auditing.
– Penalties for false returns.
XIV. ANTI-DEFECTION LAW REFORMS
• All defectors must resign and seek re-election.
• Debar defectors from holding ministerial/remunerative office.
• Vote of a defector to topple a government should be invalid.
• ECI—not Speaker—should decide disqualification cases.
CONCLUSION
The NCRWC’s recommendations aimed to modernize Indian governance, strengthen democratic institutions, improve transparency, and enhance citizen rights. While many recommendations remain unimplemented, they serve as a comprehensive blueprint for constitutional reform and are crucial for OPSC exam preparation.
PDF File:
No PDF attached
Subject: Polity
← Back