Does the Constitution of India Need a Comprehensive Review? 106 Amendments in 75 Years

A very strange and irrational superstition has taken root in Indian politics. Whenever an enlightened citizen, jurist, or thinker raises the question of whether a comprehensive review (Constitutional Review) of the provisions of our 1950 Constitution ought to be carried out—certain political parties immediately take to the streets shouting: “The Constitution is in danger! There is a conspiracy to alter the Constitution!”

They forget what the framer of the Constitution himself, Babasaheb Dr Bhimrao Ambedkar, said in his final speech to the Constituent Assembly on 25 November 1949?

Babasaheb had stated unequivocally:

“I feel, however good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. The Constitution is a document created by man; it is not some final or immutable scripture that future generations cannot alter according to their needs!”

In Chapter 18 (‘Constitution of India: Dangerous Anti-National Tendencies – The Present Need for Constitutional Review’) of his timeless book ‘Anokha Bharat’, N. Singh raises such a bold and profound question: In a Constitution that has had to be amended more than 106 times over the past 75 years, does there not still persist the very same inertia of the 1935 colonial British Raj that has failed to deliver justice to the common citizen?

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106 Amendments: A Living Document or a Weakness in the Basic Structure?

It has been 235 years since the creation of the world’s oldest written constitution—the Constitution of the United States of America (USA)—yet to this day, it has seen merely 27 amendments!

In sharp contrast, the Constitution of India has had to undergo a new amendment on average every eight months:

1. The Shadow of the Colonial British Act of 1935: More than 250 articles of the Indian Constitution were lifted verbatim directly from the British ‘Government of India Act 1935’. That Act was designed to rule and control Indians, not to empower citizens!
2. The Endless Dates of the Judiciary and the Monopoly of the Collegium: The framers of the Constitution never imagined that 5 crore cases would remain pending in the country’s courts for decades, and that judges would institute an opaque ‘collegium system’ where judges appoint judges themselves—something that found no mention whatsoever in the original text of the Constitution!
3. Open Patronage of Defection and Corrupt Politics: Despite the enactment of the Tenth Schedule, MLAs and MPs are openly bought and sold, continually toppling and capturing power by taking shelter behind the Constitution’s weak provisions.

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The Current State of the Constitution vs 21st-Century National Necessities

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The Bitter Truth from the Book: N. Singh’s Blunt Critique

The author N. Singh writes in Chapter 18 of his book ‘Anokha Bharat’:

“The Constitution is not an idol of stone meant merely to be worshipped; the Constitution is like a living tree whose withered branches must be pruned and whose tender shoots must be nurtured. If 106 patches have had to be applied in 75 years, then understand that somewhere in the stitching of the original fabric, there is a need for a fundamental review. Today, the loudest invocations of the Constitution come from those who have trampled upon its soul every single day. Until the Constitution becomes an unerring legal weapon to liberate the poorest of the poor in this country from hunger, the farmer from debt, and the youth from unemployment, this tome of a Constitution will remain nothing more than an ornament for lawyers’ earnings and politicians’ speeches!”
— N. Singh (Anokha Bharat, pages 194-195)

The author further recalls the Justice Venkatachaliah Commission:

“In the year 2000, the Atal Bihari Vajpayee government constituted the ‘National Commission to Review the Working of the Constitution’ (NCRWC) under the chairmanship of former Chief Justice M.N. Venkatachaliah. That commission made hundreds of splendid recommendations, but subsequent governments consigned those reports to cold storage because those reforms would have stripped away the privileges of politicians and corrupt babus (bureaucrats)!”
— (Anokha Bharat, page 198)

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Four Key National Points for Constitutional Review

1. Reinstatement of the National Judicial Appointments Commission (NJAC): The undemocratic collegium system of judges appointing judges must be abolished; judges should be appointed through a shared, transparent commission comprising the executive, judiciary, and opposition.
2. Mandatory 50% Attendance in Parliament and Legislative Assemblies: A minimum number of working days and participation in debates must be mandatory for parliamentarians; salaries and allowances should be deducted for wasting public money by creating ruckus in the House.
3. Right to Recall and Direct Referendum: There must be a constitutional provision to seek the direct opinion of the public on major national policy matters on the lines of Switzerland.
4. Police Reforms and Complete Repeal of the Colonial Police Act of 1861: The Police Act of 1861 must be consigned entirely to the dustbin, and an independent, modern police code that respects human rights must be formulated.

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A Question for Reflection (The Message of the Book)

Does defending the Constitution mean covering up its shortcomings, or making it even more robust, just, and modern with the passage of time?

To understand the historical evolution of the Constitution, the reality of its 106 amendments, and the grave debate surrounding its necessary review, every jurist and citizen ought to read this eighteenth chapter of N. Singh’s acclaimed book ‘Anokha Bharat’.