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| National Commission to Review the Working of the Constitution | |
|---|---|
| Name | National Commission to Review the Working of the Constitution |
| Formed | 2000 |
| Jurisdiction | Republic of India |
| Headquarters | New Delhi |
| Chairperson | M. N. Venkatachaliah |
| Members | K. T. Thomas, Ranganath Misra, M. K. Vellodi, Justice |
| Report | 2002 |
National Commission to Review the Working of the Constitution
The National Commission to Review the Working of the Constitution was a high‑level body constituted in 2000 under the Atal Bihari Vajpayee administration to examine the Constitution of India and suggest reforms; it reported in 2002 with recommendations touching on Parliament of India, Judiciary of India, Federalism in India and Fundamental rights matters. The commission's work intersected with debates involving figures and institutions such as A. P. J. Abdul Kalam, Pranab Mukherjee, Supreme Court of India, Law Commission of India, and state entities including Delhi and Karnataka administrations.
The commission was announced by Prime Minister Atal Bihari Vajpayee and constituted under former Chief Justice M. N. Venkatachaliah following earlier inquiries like the Rajender Sachar review and in the wake of constitutional dialogues involving Constituent Assembly, Indira Gandhi era amendments, and the aftermath of judgments from the Supreme Court of India and several High Courts of India such as Bombay High Court and Calcutta High Court. Its establishment referenced prior reform efforts including the Justice Malimath Committee, reports by the Law Commission of India, and comparative processes in United Kingdom, United States, Canada, and South Africa.
The commission's mandate encompassed a comprehensive review of the Constitution of India to assess the working of provisions related to the Parliament of India, State Legislatures of India, President of India, Prime Minister of India, Union Cabinet of India, Judiciary of India, and the balance of powers between the Central government of India and the State governments of India. It aimed to recommend amendments touching Fundamental rights, Directive Principles of State Policy, Emergency provisions of India, Article 370, and institutional reforms involving bodies such as the Election Commission of India, Comptroller and Auditor General of India, and Attorney General of India.
Chaired by former Chief Justice M. N. Venkatachaliah, the commission included members from judiciary and public life such as former judges Ranganath Misra and K. T. Thomas, administrators linked to Indian Administrative Service cadres like M. K. Vellodi, and experts with connections to institutions like the University of Delhi, Jawaharlal Nehru University, Indian Law Institute, and bar bodies including the Supreme Court Bar Association. The secretariat drew personnel from the Ministry of Law and Justice (India), and the commission consulted officials from the Election Commission of India, Reserve Bank of India, and state chief secretaries from Uttar Pradesh and Maharashtra.
The commission advanced recommendations on constitutional amendment procedures, judicial appointment mechanisms, and center–state relations, proposing reforms affecting the Supreme Court of India appointment process, creation of judicial councils akin to models in United Kingdom and Canada, revisiting Article 368, and clarifying Emergency provisions of India. It suggested measures on decentralization referencing the 73rd Amendment Act and 74th Amendment Act, fiscal federalism tied to the Finance Commission of India and Union Budget of India, and recommended strengthening autonomous institutions such as the Election Commission of India, Central Vigilance Commission, and Comptroller and Auditor General of India.
The report stimulated responses across the political spectrum, eliciting commentary from leaders including L. K. Advani, Sonia Gandhi, Manmohan Singh, and civil society actors such as Aruna Roy and organizations like the Human Rights Commission of India and Confederation of Indian Industry. Academic reactions came from faculties at University of Oxford, Harvard Law School, National Law School of India University, and think tanks including the Centre for Policy Research and Observer Research Foundation. Media coverage in outlets such as The Hindu, Indian Express, and Times of India fueled parliamentary debates in the Lok Sabha and Rajya Sabha.
Implementation efforts involved the Ministry of Law and Justice (India), periodic reviews by parliamentary standing committees including the Standing Committee on Law and Justice, and consideration in constitutional amendment bills tabled in the Parliament of India. Several proposals influenced incremental policy shifts in bodies like the Election Commission of India and state governance experiments in Kerala and West Bengal, while other recommendations awaited legislative consensus or judicial examination by the Supreme Court of India.
Critics ranging from jurists linked to Supreme Court of India benches to activists from People's Union for Civil Liberties argued the commission's recommendations risked politicizing judicial appointments, undermining protections in Fundamental rights, or centralizing fiscal controls contrary to precedents set by the Finance Commission of India and federal jurisprudence involving S. R. Bommai and Keshavananda Bharati. Debates also referenced comparative controversies in United States constitutional debates, South African constitutional review, and challenges faced by Constitutional Court of South Africa and Supreme Court of Canada in balancing independence with accountability.
Category:Constitutional commissions of India