A New Constitution For India: Is It Necessary?

The Indian Constitution is the world's largest written constitution, and it has served as a role model for other countries. However, some people argue that India needs a new constitution to address the country's lack of progress and prosperity. The current constitution gives the government near-omnipotent powers, and critics argue that it suppresses the powers of the states and limits the economic and civic freedoms of Indians. They call for a new constitution that guarantees the freedom of individuals in economic, social, and political spheres. Others disagree, stating that the constitution has provided a comprehensive framework to guide and govern the country and that any changes required can be made through amendments.

Explore related products

CARIBBEAN CONSTITUTIONAL REFORM: Rethinking the West Indian Polity

$35

Indian Constitutional Reform

$24.99 $9.99

American Indian Constitutional Reform and the Rebuilding of Native Nations

$21.95 $34.95

The Constitution of India Simplified

$9.99

The Constitution of India: 2021

$1.36 $7.07

Report on Indian Constitutional Reforms

$28.95

The current Indian Constitution gives the government near-omnipotent powers

The Indian Constitution is the supreme legal document of India and is the world's longest written national constitution. It lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It espouses constitutional supremacy and was adopted with a declaration in its preamble.

The US Constitution, in contrast, is short, guarantees freedom of speech, protects property rights, prohibits discrimination among citizens, and limits the power of the government. The US Constitution places the people as the principal and the government as its agent.

The current Indian Constitution gives undue government interference in the economy, which politicizes the economy and leads to the corruption of politics. The Constitution also does not contain a provision to limit the powers of the parliament to amend it. However, the Supreme Court in Kesavananda Bharati v. State of Kerala held that there were certain features of the Indian Constitution so integral to its functioning and existence that they could never be cut out of the constitution.

For India's trajectory to change towards prosperity, it is argued that India needs a new Constitution that rolls back the power of the state and vests power in its people where it rightfully belongs in a constitutional republic. The new Constitution must prohibit discrimination and must guarantee that all laws follow a generality norm that applies equally to all regardless of sex, religion, group affiliation, or origin. The new Constitution must also be readable and be read by all.

The Constitution is the reason for India's lack of progress

Secondly, the Constitution has failed to bring about prosperity for the country. India is unreasonably poor, ranking 140th in the 2015 International Monetary Fund ranking of countries in terms of annual per capita gross domestic product. This is despite Indians being as capable of creating wealth as any other people. India has not suffered from adverse conditions such as natural disasters, civil strife, or a lack of resources, so its poverty cannot be attributed to these factors.

Thirdly, the Constitution has been abused by the Central governments to cripple Opposition-ruled States. While this does not necessarily call for a new Constitution, it highlights a need for reform to ensure that States have dominance in the Union. This includes seeking mandates from the people to elect regional parties in general elections and approaching the Supreme Court to resolve conflicts between the Centre and State.

Furthermore, the Constitution-making process itself was challenging, with India comprising over 550 princely states, the problems created by Partition, and a looming economic crisis. The Constituent Assembly thus favoured a strong Centre with cooperative federalism. However, this has resulted in a Constitution that gives the Central government too much power over the States, which has been abused over the years.

In conclusion, while the Indian Constitution has been praised as a miracle and the cornerstone of the nation, it is clear that it has also hindered India's progress in several ways. The Constitution grants the government too much power, limits the freedoms of its citizens, and has failed to bring about prosperity. While creating a new Constitution may not be feasible, significant reforms are needed to address these issues and enable India to achieve its potential.

The Constitution is inconsistent with a free society

The Constitution of India is inconsistent with a free society in several ways. Firstly, it grants sweeping powers to the government, allowing it to infringe on individual liberties and freedoms. For instance, Article 358 of the Constitution gives the government the authority to suspend fundamental rights during a state of emergency, which has been exploited in the past to justify draconian measures. The Constitution also fails to provide adequate protection for free speech and expression, with

Explore related products

Constitution of India: with All Amendments

$0.99

Indian Constitutional Reforms,Government of India's Despatch of March 5th,1919, and Connected Papers 1919 [Leather Bound]

$24.57 $33.97

The Indian Constitutional Reforms as Sanctioned by The British Parliament

$23.95

Report on Indian constitutional reforms. 1918 [Leather Bound]

$23.99

Report On Indian Constitutional Reforms

$35.64

Interpretations of American History

$43.95 $43.95

The Constitution is not the reason for India's poverty

The Indian Constitution is a dynamic document that has served as a role model for other countries. It is comprehensive, covering all sections of people belonging to various castes and creeds. The Constitution is not the reason for India's poverty, and here's why:

Firstly, India's poverty cannot be attributed to adverse conditions such as natural disasters, civil strife, foreign wars, or insufficient resources. These factors, which could potentially hinder a country's economic growth, are absent in India. Instead, India's lack of progress has been linked to policies that prevent sustained growth, and these policies are influenced by the type of government and its objectives.

The current Constitution gives the government significant power, treating the people as servants. This dynamic is similar to that of a colonial government. While India is a functioning democracy with routine peaceful transfers of power, the policies remain largely unchanged regardless of which party is in power. This suggests that the issue lies with the system and structure, not the Constitution itself.

Nobel laureate economist James Buchanan Jr. supports this view, stating that the solution lies in basic constitutional reform, which must be preceded by discourse and discussion. Economist Atanu Dey also attributes India's lack of prosperity to the concentration of power in the state, arguing that a new Constitution is needed to vest power in the people. However, others argue that the Constitution already provides a framework for a free society, and any issues can be addressed through amendments rather than a complete rewrite.

In conclusion, while there are calls for a new Constitution in India, it is important to recognize that the existing Constitution is not the cause of India's poverty. The Constitution has enabled people from neglected sections and economically weak backgrounds to survive in Indian society. Instead, the focus should be on addressing systemic issues and implementing growth-oriented policies that align with the country's diverse socio-economic and political aspects.

The Constitution is a dynamic document

The Constitution of India is a dynamic document, not a static one. It is a comprehensive framework that guides and governs the country, covering all sections of people belonging to various castes and creeds. The Constitution is the soul of the country, and it is not easy to rewrite it. The current Constitution gives the government near-omnipotent powers that are inconsistent with a free society. It places the government as the master and the people as its servants, which is expected of a colonial government. This has resulted in the imposition of limits on the economic and civic freedoms of Indians.

Nobel laureate economist James Buchanan Jr. wrote, "It is folly to think that 'better men' elected to office will help us much, that 'better policy' will turn things around here. We need, and must have, basic constitutional reform, which must, of course, be preceded by basic constitutional discourse and discussion." This statement highlights the need for a fundamental change in the structure and system of India's Constitution, rather than simply hoping for better leaders or policies to bring about improvement.

The Constitution of India is a large document that encodes a vast set of rules, indicating a 'low trust' society. While India has the potential to be a middle-income country with negligible poverty, it has failed to achieve this due to policies that prevent sustained growth, ultimately deriving from the Constitution. The Constitution determines the type of government a nation has and, therefore, the economic policies implemented. To address this, a new Constitution or amendments to the existing one are needed to guarantee economic freedom, prohibit discriminatory laws, and protect freedom of speech and the press.

While some argue that India needs a new Constitution, others believe that the current one can be improved through amendments. The process of drafting a new Constitution is challenging, and it may be more practical to seek a mandate from the people to elect regional parties in general elections, allowing states to have dominance in the Union. Additionally, the Supreme Court can play a role in resolving conflicts between the Centre and state governments. The Constitution is a living document that can adapt to the changing needs of society, and it is essential to ensure that any changes made are in the best interests of the country and its people.

Frequently asked questions