CONSTITUTION AT 76

Introduction

Seventy-six years after the Constitution came into force, India stands at a critical juncture. As Sir Ivor Jennings warned in 1952, India adopted a Constitution that sought to establish democratic institutions rather than articulate democratic ideals. Today, the crisis is not of constitutional text but of democratic practice. The gap between constitutional design and institutional performance — of the legislature, executive and judiciary — raises serious questions about the health and future of India’s democracy.

Legislature: Shrinking Space for Deliberation

The legislature is the heartbeat of a parliamentary democracy, yet its rhythm has visibly weakened.

A Declining Working Calendar

• In the 1950s–60s, Parliament met 125–130 days per year.

• In recent years, sittings have shrunk to 60–75 days, and 2024 dipped below 50 days.

• Private members’ initiatives — such as bills by Manoj Jha (2022) and Derek O’Brien (2025) — seeking minimum sitting requirements highlight institutional concern.

Consequences of Fewer Sittings

• Superficial scrutiny of bills and finances.

• Curtailment of debates, leading to hasty, poorly vetted laws.

• Weakening of legislative oversight, pushing the institution towards irrelevance.

State Legislatures in Decline

• Assemblies met for an average of 20 days in 2024, down from 22 the previous year.

• This has turned many legislatures into symbolic bodies rather than deliberative forums.

The decline in legislative productivity erodes democratic accountability, distorting the balance of power in favour of the executive.

Executive: A Paper Tiger with Structural Weaknesses

The executive is constitutionally entrusted with converting laws into tangible outcomes. However, its capacity and credibility face mounting challenges.

Systemic Corruption and Weak Governance Indicators

• India ranks 96/180 in Transparency International’s corruption index.

• It was rated second-worst in Asia for perceived corruption by the Political and Economic Risk Consultancy in 2024.

• Despite an improved ranking of 63 in Ease of Doing Business (2019), performance in key areas remains poor:

  • 136th in starting a business

  • 163rd in enforcing contracts

Bureaucratic Capacity Deficits

Retired IAS officer N.C. Saxena notes that rising political interference and outdated administrative structures have crippled the civil services.

Key weaknesses:

• Arbitrary transfers, reducing morale and autonomy.

• Lack of domain expertise, making the bureaucracy risk-averse and slow.

• Hierarchical rigidity, incompatible with modern governance demands.

• Weak service delivery, especially in local governance, health and contract enforcement.

The politicisation of the bureaucracy blunts accountability and undermines citizen trust.

Judiciary: A Counterweight Under Strain

The judiciary has historically acted as a guardian of constitutional values. Yet today its authority and efficiency are under pressure.

Institutional Frictions and Interpretative Challenges

In the 2025 Presidential Reference, the Supreme Court struck down “deemed assent,” restoring open-ended discretion to Governors and the President.

• Legally, the Court argued that fixed timelines violated separation of powers.

• Politically, it risks enabling partisan obstruction, especially against opposition-led states.

Structural Weaknesses

• Record judicial pendency undermines timely justice.

• Opacity in the collegium system affects credibility.

• Increasing confrontations with the executive threaten institutional balance.

Citizens at the Centre: The Way Forward

India does not face the spectre of democratic collapse — but of democratic hollowing.

Threats to Democratic Depth

• Regular elections coexist with weak governance.

• Identity politics — caste, class, religion, gender — shapes institutions more than constitutional morality.

• Constitutional offices function without the animating spirit of the Constitution.

Citizen Responsibility

Democratic renewal requires:

• Public pressure for accountability

• Active civic participation

• Insistence on constitutional ethics in public life

Citizens must reassert themselves as the ultimate custodians of India’s democratic promise.